New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-14

SUPERIOR CoURT-Transferred Calendar-Nos
1876 81 &C. g. 43, A, As 10 81, &c, Is, 80 l2e, III
"a, 80.
CIRCUIT CoURT.-Before Judge Marvin.-IVR
lam $. Main g. Co. VS.. Albany Insurance Com
pdny.-Plaintifs claim a loss Of some $4,000 or
stock, at No. 10 Coenties slip, which was injured
by fire in ls4s. II was insured by Mr.. Wright
Wall-st4 in the Albany Co, and also in the v. Am
and Reliance of Philadelphia. The books OF the
establishment, it is said, were burnt, and the
amount Of loss is disputed. To be continued this
forenoon.
SUPREME COURT - General Term. - Before
Judges Edmonds, Edwards and MitcheL-Ed~qrd
Plant vs. Long Island Railroad C0.--To recover
damages for obstruction Of Atlantic street, Brook
Ign, by construction of the tunnel The Company
justified under an ordinance Of the Common Coun-
ell Of Brooklyn. The counsel for Mr.. Z. contended
that the Common Council had no authoritr by law
10 pass such ordinance, and that it conferred no
power upon the Railroad Company; also, that II
there was power TO pass the ordinance, stu the
grant was only of the public right in the street,
and did not exempt the Railroad Company from
| liability for damages The case was tried some
time since before Justice Barculo, at Brooklyn,
who decided that the Common Council had the
power to grant permission TO the Company, &c.
The question comes up appeal.
COURT OF COMMON PLEAs.-There would seem
to be large number Of cases the calendar
which, for the benefit of jurors, witnesses, court
&c, had better be withdrawn, there does not
appear to be any intention of trying them. Day
after day the First Part, with large calendar,
meets but nothing is ready, and the Court for that
branch adjourns Such was the case again yes
terday.
Before Judge Woodruff William J. I'o1le vs..
MAILER s. Lord To recover of brokers balance Of
S2O6. alleged to have been collected by them for
r l.. I~-l G.1tE -
invalidly Detained they claiming TO be entitled to
brokerage of u per cent. on the whole freight Of
the vessel instead OF on the amount OF freight and
passengers they actually procured Already reer
red to.-The testimony as to usage, where no spe-
citc contract has been made, was not definite as TO
rule as lar as the California trade is concerned
The Court charged that CUSTOM to be binding, must
be general and well understood aud it is for the
Jury to say whether the plaintiff should allow p
per cent. las he has already doue on the freight
actually procured by NJ. X D., or on the whole car
go; or whether the parties should divide, &c If
the Jury find usage, they are to allow what they
may consider fair remuneration. The Jury re-
turned verdict in favor OF plaintiff for $50 20, thus
allowing 2, per cent. commission on all the freight
procured for the vessel whether by themselves or
the owner after they were employed
Thomas j. Oldfeld, admir- Of Hetty Downie
deceased, VS.. Harlem Raaroai C0.-To recover
damages for the loss Of little girl or years Of
age who was run over and killed by a fodrhorse
|
child Mr.. Carpenter, in opening for plaintiff
stated that the mother of the child lived 10 Walker
st. little east Of Center, and the child was in the
habit of going 60 school In White st. on the west
ery side of Center. On the afternoon in question,
about o clock she was returning from school, and
in eros sing the track was knocked down aud run
over, the wheels of the breaking and crushing
both OF her legs at the thigh and much decorating
and injuring one OF her hands. She was taken 10
the Hospital, where she died IL three four hours
kas tba Il sold thof
instead of looking to his horses, had his head
turned another way. The father OF the child is
dead but the mother married again, and is the
wife Of plaintiff. They obtained living by giving
juvenile concerts. Each OF them mad children at
the time of their second marriage, who had been
educated with view to such concerts. The little
girl in question exceedingly talented, being,
although so young, good musician and danseuse,
and her loss to her parents in pecuniary way, 10
say nothing OF the deep grief aud caamity at the
suddenness and manner of her death, was very
great. II is charged the horses were driven at an
unusual rate Of speed The damages are laid at
$4,000.
witness testified that when the driver was
hrst called to she was seven eight feet ahead of
the horses. trying TO escape them b. running ,ii |
agonally across the track, and had cleared one of
the horses, bat the other knocked her down. and I
the horses and car went over her. The driver on |
being called to, did not appear to look toward the |
child, but looked toward Broadway. The car had |
passed the cd as it lay the track 25 feet beflre
twas stopped Has no doubt If the driver had held
up when first called to, the child would not have |
been run over by the car although it might have |
been struck by the horses.
In defense, it was denied that there was any !
careiessness the part OF the driver but that the
accident was caused by the child attempting to
cross the track in front of the horses To be con.
tnued this forenoon.
COURT OF GENERAL SEssIoSs.-B eore the Re- /
corder and Aldermen Griffin and Oakley.
Plead GuRty.-James Snowden, colored, who is
claimed as slave, plead guilty to stealing 500
and boat belonging 10 the schr. Washington
BE was sentenced to the State Prison for 2years.
Joseph e. ASHLEY made application to the Court
to have the Indictment charging him with forgery
quashed, ON the ground that be had been used as
witness for the people IN the case Of Thompson,
who was tired tor forgery in Brooklyn, last week
The case will be argued on Wednesday morning
Grand Larceny Sarah Allen, colored, was tried
On a charge OF stealing gold watch and key, val
ued at $50, rom Theodore Pressoni. 1t appeared
in evidence that complainant was passing through
Church-st on the night Of the s.h of April, when
the accused came up 10 him. put hex arms around
him and took his watch. He called q policeman Z
and ksd her arrested. The watch was found in
her possession. She was found guilty and SEN
fenced to the State Prison for three years
Ac2aESed-Joseph Julien was called 70 trial
charged with grand larceny and receiving stolen
goods. This was one OF the defendants in the ease
which caused so much interest in the Police Court
last December, IN which Francois L. Tavernief
,hsrged Julien the defendant in this case and one
Durand with e0spiriDg with his lTaverniers,l
wife to rob him OF $4,000 In the present case
he evidence went 70 show that defendant merely
assisted Mrs. Tayerner 70 remove the trunk which
OBTAINED the money, nc. from her house in the /
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