New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-05
n. =. District Court. TUESDAY, fse.a


q. =. District Court. TUESDAY, FOB
Before Judge Bests.'
', Oh, case Of Mr. Shufeldt, the bail was reduced
% a.. GOO. The Court has not yet rendered iA
decision on the Habess Corpus. 60,
O,c,e,s Steamboat Cleopatra vs. Sfd~oo&
Nogora-suit for damages by collision INC
argument in this case, which has oeen @nea{
referred to, was heard yesterday mr. nssn
rs. & NJ appearing for owners OF ana sless
Alex Hamilton. Jr and Bowdoin, for the n. On
the morning, about O'Clock, OF 3Oth Dec 1871
the Cleopatra, coming from Norwlcn' anu .uo
Niagara bound to Bridgeport, came IN coshs'cs
nearly abreast OF the foot OF Grand 81 N. 1 . tos
n. striking the C, il was said, immediatey TOT
ward Of her lGrboard wheel broke her large CRANK;
carried away a portion of her buiwsrks anu
otherwise injured her 10 the extent OF sl,7OO, In
addition 10 which, the owners lost 5000 IN wages
detention &c. 1t was said that the Niagara
attempted 10 keep In shore on the New \ ork side,
whereas she should have gone outside, aud TO tae
right of the Cleopatra.
In defense it was said that the steamboat Ira
weller also bound down Sound, came out OF hef
berth at Peck.slip a little before the N came
from hers at the foot Of Marketst., and that tue
n passed round Corlsers Hook, where this col
lisjon occurred In the wake of the T; that the u
passed outside Of the T., and Immediately after
wards rounded up, and came In the wake Oh TING
N, which seeing collision Unavoidable immeoa-
stely slowed her engine and SO steefed as !"
bring the two vessels in striking, nearly slde ~
side inste al of striking her head on that the n.
wasrunnipe anst the tide and the c. with IT, and,
in hugging the New York side so close as she did
she was out Of place that there IL custom IN
New. York when vessels are bound down Sonnd
with the tide against them, TO steer on rounding
the Hook, as close as possible to the New'fors
side 50 as to take advantage OF the EDDY snd
vessels coming TO New.York with the TIDE IN
n cir favor keep outside in the tide thus oeneht-
ing both parties 1t is contended that the COLI
sion arose from want OF proper management on
board the Cleopatra.
LAT That there is no custom in New York such 40
referred to- and if there were, It is contrary TO the
rule established at the Trinity House, adopted ey
Judge Conklin. and supported recently oy this
Court, that vessels, 10 all cases, In meeting must
60 10 the right and so Of swift vessels IN passing
others, being bound to go TO the right TWAS
the duty of the Niagara in this case, therefore, 20
have kept outside, TO the right, and given tne
Cleopatra the inner berth. On the other hand It
was contended that the O. was TO blame. De-
cision reserved.
supreme Court %. O.. TUESDAY, Feb
General Te,m-lDec ision.l Myer S. Myers
vs. James Gemmel-Mr. q. leased 20 hr. M for
term Of wears the building n. u. corner oil Broad
| wav and ReGde ST. At the time there were two
small buildings adjoining in Reade ST., over tue
tops OF which were windows In the corner build
| ing, and there was also yard and fence In the
rear Of the small buildings, SO that light was Oh
tanned for the corner building also from this va
cant space The corner building forms an L, hsv-
| ing very small yard attached to it. After leas.
ing this building, Mr.. g. tore down the small
| buildings adjoining the corner and proceeded 10
erect a very high brick building, covering the
whole Of the two lots, including where the vacant
space or yard Of the small buildings bad been.
| Dir. Myer filed bill asking for an injunction re-
straining Mr.. q. from further proceeding with his
buildings on the ground that q landlord owning
| adjoining premises, and leasing one for term OF
| years, has no right so TO improve or alter the
| other as to iDiure the first. Mr. NJ contendlns
| that the new building was OF great detrlment TO
the corner, rendering it dark, causing the chin
MES TO smoke, &c. 1t was allowed that II
landlord sold an adjoining premises he had q
right 10 improve his own lot without reference to
| the other bat whether he could lease It and do 90
was question The Judge at Special Term
granted an Injunction prohibiting Mr. q. from pro-
| ceediDg with his buildings, and they have re-
mained partly up for some weeks. Appeal was
made to the General Term, which has decided in
! favor Of MIR. q. Order OF Special Term reversed
with costs and injunction dissolved.
BYouscer VS. Cr1ikshank-Ths is al appeal on
a premium note given to Mutual ins. Co Ar.
gument was heard.
Examination -Messrs Liv. Livingston, John
T. DOYLE and John ID. Sherwood have been ap-
pointed Examiners Of candidates for admission 70
the Bar The examination has been ordered for
Friday afternoon at o'clock in the Circuit Court
room.
Remorols An order was made that Messrs.
Geo w Niles end Roberts be removed from prao-
tsiug in any OF tie Courts OF this State as Attorn
eys, Counsellors and Solicitors.
Court of Common Pleas. ...TUEsDAY, Feb 4
Before Judge Iugrahsn.
LltsJury E. Stetnbcck vs.. X. W. Md.
| hank g. Co-To recover $637 40 being freghs Cd