New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-05
COURT PROCEEDINGS.

We
John Horn agt The Mayor Of Tie Cify Of ys,e- Ysrk
The plaintiff IS German. tie resided in Deem
Der last in Forty .6rst ST. between Sixth and Seventh
avs The stIeet al that point WAS being graded, Pc
foch IN ironto plaintiff = house, portion OF II was
Inro"n through window into a Toomin which we're
plhnhn wiie and -four children. She was struck on
the head oy NE stone and AZ first supposed 20 be
killed. Finally the wounds healed but Il Is said she
has been permanently injured Action Is brought
against the oIiy i9r 1~mases,-neluclng physicians
For defense II Is contenced. TIA, the work being
out on contract the contractor If any person, and
not the CITY is liable.
iand To recover on behalf Of the estate Of VIM
Wesser. deceased, loss by having 70 re-eharter to
other parties in 49,. the swedish brig Llnnea Matt
land Phelps & Co. having chartered but aiierward
declined to receive her Already referred TO. Yer.
dict for planhf-Sl s4s So with interest fromthe ISL
July. 1871
John Horne sgt. The city Of ve,C- Yors,-There
we're two suits, one BY the husband. In bis own
name. for the loss Of service OF his wife and the
other IN the name OF both, ~ recover for the per-
sonal injury sustained by her. The Court thought
the Jury had better concentrate them and bring IN
one verdict as to both.
For defence il Was con,ended tina, every pFecau-
ton was taken by the worsmen 10 prevent the dying
Of stones from the blast also that the injury 10 Mrs
II was not so great as had been represented.
The Court for the purposes Of this trial. held that
the City liable for injury done IN such case, by
a ccnnacor--ths, # proper care had been taken as
20 the blast the defendant IS entitled TO verdict,
but II care had not been taken, then the Jury VIII
give such reasonable damages as vii compensate
the plaintiffs for injury al the time, and for such
prospective injury may arse rom the appearance
OF Mrs. Ia her face having been hurt and scared.
Sealed verdict.
Henry j. TspOel agt VIM. T,pe.--The parties are
gTOcers, Germans. The action Is for assault and
battery, Mr.. Tepe having come, It is alleged, from
his in Twenty. second 81. 20 store Of plain
tG, severely assaulted him, and also cur hrs head
with some sharp instrument, from which he was
afterw ard ILL., The damages are laid AZ 81 600 For
defense, II is SAID that plaintiff sent defendant an IN.
sutne letter. and be wen, to the store when PLAIN
rtf assaulted him, and he used no more fore than
was nece> sary 10 repel the assault. This vas de.
MED 1t being said tlat plaintiff sent note request,
ing the payment OF money, ana received an abusive
letter back. which was followed by defendant COM
ing himself, and that the assault was unprovoked,
&c. The case Is on.
SUPERIOR CouRr. before Judge Oakley.
Michael RuSseN agt John f. D. MUlier.-Sult for
assault and battery, n which verdict. by default
for nearly $500 given IN favor OF plaintiff, "a
short time SINCE but the default set aside. The ac-
ton Is against the Keeper OF public house, corner
Roosevelt and Cherry-StS, IN which, II is said Tor
plaintiff slight dispute occurred As TO small piece
OF money, and defendant caught up club kept UNI
der his counter Ga place cut out on u for the hand)
and struck plaintiff some violent blows, IN conse-
Quence of which he WAS aiterSard under the care
OF ply sician.
For defense il is alleged that plaintiff and another
person (who was witness ON the triaD came TO
plalItIf's place late on Sunday evening, and that
plaintiff was the aggressor The jury gave YER
dict for defendant
Before Jrdgo Sandford.
Forrest aet. F0rreSt.-Owhg 10 the continued en-
gagement Of MIR. O'Conor IN the L. ). Court, this
case was further postponed.
SUPREME CorRT-General Term. I'D
MISSIONS 10 the Bar-Cyrus Lawton. John b. scoles
and Clinton Haring, Esqs have been appointed
Examiners of candidates for admission the exam
nation TO be held on Monday afternoon next at
O'Clock, IN General Term Room, Judge Edwards
presiding.
CIRCUIT CoURT.-Before Judge King
Hamilton & Dater agains. OiIrp Allen, ShuB-To
test the right of plaintiffs to take back on giving
bonds 70 abide this suit, quantity OF goods sofa py
them on credit. to Brewster Freeman, smithport Pa,
on the ground that the representations OF M +. as
TO his ability to pay not correct, already re.
ferred to- The Jury considered that the title mad
not passed TO Mr. F. and gave verdict for plaintiffs
vaulng the property at 500.
CouRr OF COMMON PLEAs--Befsre Judge
Daiy.-Valentine Hall against Hamilton Ferons and
HARVARD licParien.- Plaintiff complains that NO
hired apartments at No Orange.st, from portion
of which, he was wrongfuy evictec by the land
lord aided and assisted by the other defendant lie
| brings action to recover damages. Verdict for
! plaintiff 500 80 and costs.