The New York herald., 1850-03-15
Court OF Common Pleas.

Before Juuge NOtirNu.
MAncH IL Imyortanf 10 Landlords and Tenaafs-
Jo@ph n Luekey 8. Eederiek ". Eent.ke, This
action by tne plaintiff 10 recover slau for rent
Of premises "a courtandt street for which defeudant
became tenant LIST May, ls4S for the term Of four
yssrs, at syesrly rent Of $1,000 per annum payable
quarterly The defence was. tnat the time of the
uon of the deeds of lease the defendant did 90 in
the fvll belief that the dweipg house in proper
snd tepsntable ORDER and particularly that 1t
ccsed by four good and substantial walls calculated
to preserve himself and family from the inclemency 81
the weather csiendaot farther states that he never
~sls Of iu own ON the rssf.riy ,ide or tina, IL wa.
merely built up against the next house which alter
wards sppessd To be the fact the wall that eide
liable 20 be removed by the tenant Of the next
hovse and removed by him ia May 1si9 and there
ty evictsd the defendant from his hOld,Dg which
entirely exposed 10 the weather In consequences Of
which the family OF the defendant suffered greatly In
health and h" sss put to the expense OF medicine aud
medical atteud udapce, (or which action damages
Ia pending at suit Of the defendant against the
painif) The defendant In the present therefore,
dsriss that he indebted to III. plaintiff In the o
$3.50 in any other amount Whatsoever Verdict for
the plaintiff of sl5G and al csDts.
u" as Case eJ 0nnham Dimsn rs, rsnis 4 Mann,
for Breaah Of Contract The jury returned sealed
verdict for the plaintiff, 1888 IS
MAKcs I3.-Corel.o Dyiving.-M Michael Rtsig rs
7ronas j. UeHs.-This action for injury
arising from careless driving through the public streets
Of which there srs unfortunately Too many Instances
where the s.linqusnt 10 permitted TO go unpunshsd
Mr. Edmord Blspkmso stated the for the plaintiff,
which vs an setion for injuries inflicted on his
daughter. ltobe Kreig ian interesting child between
ana two years Of sse by the csreesnese OF deeu
dsnt's servant, who drove her with horse and
wagon, while che standing the aide ofthe street,
near her fathers door In twenty eighth street la
Ausust 1sse and for which irtemrdAbls inju juries
dsmsgss were laid at $4,000. IL appeared from the
testimony OF four medical gentlemen, who st,eniedtoe
ltle tuu.r.r that there wasa very extensive fracture
OF the leg they found the limb Of the child forniog
obtuss angle from the kpee TO the hip they re-
duced the fracture and bsndsged with sp'ints and
coBlnsd the Limb within crsdls made for the pur-
tssionny desrious they attended 1t Tor weeks,
sometimes twice day sno at the ena Of that time,
they tnoved the ,plints and vas found that toe in
jurtd limb vas shorter than the other that Injury
will exit during the natural life ~ the chtld.
Zone OF he medical witnss.ss described msteTisl
defet N at vii arise from The injury to the spine aud
that In the # the child growing 20 vomsnhood Il
would be suof i'm possible for her 70 bscoms the
mother Of living child This gentleman also d-po.sd
that bis charge for letting the pab s25 and be-
tween 81 and 80 vst he vsitsd the child tor nearly
i've weeks every day. and 'ometiines t~ie. day. the
defendant admitted to witness that his and
HE cart that had over the Plaintiffs child rhe
vitpesI ,xsmipstiop stat that the defendant
rsd be thought he had offered plaintiff sbat he oobsid
ersd vac sufficient compensation. ADJOURNED
NkEcH II After the examination Of several other
Witnesses counsel for ths dsience Addressed the jury
20 evidence spG Mr. T.. Blspkm part of the plain
Till med up ~ considerable lsogh aud With much
sbl'y and cited various Law suthoritiss In which 10
vss laid dosp that an employer IL responsible for the
negligence ,f his servant trhe plaintiff 10 an humble
aud the defendant was represented 20 be In com
i,aSs Lea ,s ia rss !pss 70 ssssns che @ ias
servant although he VAS not present at the time and
wee sh.ent from the city. He s liable N that pegl
there was negligence on the part Of the plxinnn u
there Vas any negligence on the part Of the plaintiff
there IL end 20 this case party csupot recover
for jury arising out OF the negligence OF another "
there 10 oulbsble negligence ON his own part, aud the
act ef the chd s n.sg.ntit nsslissne. on IN. part
of the plaintiff for this reason that the infancy OF the
child renders " the duty of the parent to protect 10
from the ccLssqusboes Of its want Of prudsncs and dis
crson; and the child ,urered TO 60 st large In
the street the sct Of the child notwithstsnding Its
infancy IL the set Of the parent who s the plaintiff
bere This IL not hard rul. This Ia ac brought
by the plaintiff ar not for any injury 10 the child ief
He (he Iudse) did not that father shssld stay
It ht me cm HE busness n watch his children but
be did ssy that vas hts duy TO see ths, they ~ere
well caredfcr person driving through the streets is
undoubtedly TO drive with care 20 avoid Touring any
prsop but he s not obliged o. DO with such
viii prevent injury 10 those Who negligent thsm-
selses " there culpable neglect the part OF
the plaintiff then the enquiry IT, YES there any on the
s.rysnt then the defendant IL not liable thsy come
tc the copcluscn that there neglect the part OF
defendant and none the part of the plaintiff the
neat question would be the amount OF damages. The
loss % the comfort aid Of the child b net embraced
IN THE scti and he only for the lcssss
sustained befDs this action commenced. The In
Jury occurred the 2lst Augutt and the action
cofDmencsd on the 1lth September II IL not . case
for exemplary dsnsss the defendant eau recover no
ding whsttver for the Injury 20 the child the child
Trostoute by is ne1tfriend, ts fsthsr) for the
pain aud Injuries II has sustained The jury aftsr
short consultation returned vsrdict for the plsintin
few actions at lsv neccsssry t. make examples
oi drivers q carts ombibues aud other vehicles for
the careless aud sometimes furious manner In vhch
they through the crowded srests ~ this city to the
I'm uit ent peril ~ al pcsestrians youDR snd old. II
vac stated In court that an action would be immeD
disssy brousbt In the name of the child BY her NEXT
fiicrd, fer the injuries ~hieh se described by the
medical tsstinony, wil last during her natural life