New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-05
= .,,r., NJ ,h., wear excavaied to the depth
5siendsr % n1su. ~ ,rh view % erecting a ek

s,pdspt m August Of that year e1esyaied 70 me aepn
e on lot 81 cd Joining with view to erecting a. ek
,~r.tve building. which was subsequently pal sp. a.
g., below he found atom wall Of plaintiff which u "n
80 he house becsme Tact ed-Hso maj lh- ~ wv IN
cs,on Of the ward permitted 10 fall into me eAhA
- md was carried oa-also that the back soop ni pisa
es bonse was thrown down, snt The tidewali IN Onl o.
ped bv barrels oflie kc He sleges that his business
ssrbs kssper or boarding house vss brk-nup Hess'
Hvers that stones, from tlsstng. w-,e ih' i'
cellar lie claims daHss es 10 the aUoln, Dfsi b.
on the Part OF defense II was alleged hsi p.1lnI 20
also from the owner Of the building rom whom ne nin ~
lease, noued Of AZ intention TO eSeaVss; s ,
verbally a week before 4 commenced ana uls -.
hy whing and their duty 10 have shorei up ne.
buidug. alec 10 the soil thrown DO" a. II va.
o. fast ss the wall Of the new building "ss Pui
h1uher that Il not all original ground 31i mao o7ou
filed . FIVE or six feet with coal ashes and upDish -
ChaT9e-The Cont Charged thai the owner Oh PIoP.y
on heb be h about 10 build 10 bound to give the owner OF
tenant Of adjoining premises reason abe no.ce ,e
tcn 70 eXcsyaie liihen ceyoyes upon w 20 he
esed In ssd premises secure their Daolng - " 80
perty eherwsrd o. eKcsvaiing and usng ola.nsy ~ ~
proper 10 prevent Injury, Is mol nrssr
This ease having given weeks notice 10 suiheien'
the law should the Jury deem the testimony 70 Dc W vs.
effect A. earth IN hch here Is no vegne VIZ "a ~
side uses such care and the earth breaks away ns
is oly liable Tor actual damage sustained he !. esrees
be can be compelled to pay damages beyond 6uI w I..e
h in reton IN he Original soil should ,he land haye been
raised and bed Of coal ashes and rupbisn nos 80 bet
be top OF The SOIL II does mol Apply as a. Of The
esrh giving way defendant IL liable under me rue As
TO blasting under late decision OF the Court OF ~
"
All injury done to bis neighbours premises from s'onts
thrown hy The blast them, let the said owner nAe ever
so much care prevent; II he does not exercise sum
cent care 10 prevent H. liable In addition to me actual
injury dsutges beyond Sealed Verdlct ns ~ I'm
For plaintiff, Mr. Shepard for defendant MI L. o All
eNinkle. 49,, y,pI
Before Judge Iugrahsm-Suydar va. Nles and Huh
To for alleged false impnsonment NC vo
refused motion for nonsu but directed Verclct IN asV
Of Mr. BBth the constable Ia the testimony LOT Pantn
judge EdmOnds stated that he granted the Sniwel
on application ofmr Niles. On Mr.. 5. being Dro1gW w
he ordered his discharge because the words 10 any
C0retsblen &c were not 10 the warrant Wheu ne ssed
BE las made It rule issue bis Tarranb 10 me o1en
only, as 10 prevent oppression
r Cochran in his opening for defense said they would
explain the various matters 1c continued This f'fe
noon.
COURT OF GENERAL SEssIoSs.-Betore the ne
corder end Aldermen Chapman and kelly-Ihe HraAa
Jnt-The following the names OF the Gfann Tug iss'
for The present term: David Tappsn, Foremas wan ND
bard, John lie Count John mcMenomy Jonn mason "
+. Cocks. Jos Gushing, VIM Flagg VIVA Elahay, S ~,
w. Howe Joseph Keller, Asa Porter. JOnaIhaa W
and Rob Buckley. Amer receiving me cnaige OF ue no
coder the Grand Jury retired TO commence lheir laDJrs
The Sentence Of VIM Norton, who, al me lasi FERN Oh
Court lead guilty TO libel Miss o. Cream Whcn was
have been given this morning was put on WI next rues
dsy. ,, l..
The trial of Hiram Ma9lyp put of for the present 10
order TO afford council for defense me &c 10 prOiuce
tfFdsyits Of the absence Of material wiinesses
Pkadtd Guilty -Hugh ONesl indicted Tor CARVING
tupe shot plead guilty assault aud wss sentsacel 10
the City Prison for 5dsys. H. -,
Ca,rtiuo a Sllno Slof-Thomas Williams, Gliai John
son black who recently came out OF STATE prison "as
evening OF The 26h Of December last The ohcer te,ua
tbst The accused struck him blow the back OF his heal,
wkich knocked him senseess No defense was onsled
The prisoner the State Prison for the term OF TWO years
Adjourned for the day.