New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-04
LAW COURTS.

seamen charged with robbing the mail bags %
the Helena SlomaD, after they were on board the
Devonshire, have been committed. and a third =
Slater discharged.
A seaman of the ship Constantine. from Liver
pool was examined yesterday and committed, on
a charge OF larceny board that vessel. stealing
a ham, and also aquantlty Of beef worth sjv.
man and his wife, who were passengers on board
the Constantine, were also brought uP on q
charge OF purloining writing desk belonging 70
Mary Thomas, passenger, containing ssto. be-
ing 4IOo and $50 note, and other money
also other articles. No proof appearing. tAsy
were discharged.
Charge of Mpftny and Murder-Four seares.
late Of the bark Glen. OF New Haven, chanses
with mu,py and murder on board that vessel
fastening down the cabin hatch, and numbering
the mate, who was on deck. few days aiser tho
vessel left Valparaiso, as already stated. broogb<
home in the Preble were taken in custody by ths
IT, S Marshal and committed for examination
CouRr OF APrEALs-This Court has rendered
decision in the appeal case Of Stephew Ozark,
Letcis Stone, John Brotgn, John b. MorrN as3
John Ems contractors, IN 1883, to construct SEQ
ton 90 of the Croton Aqueduct including the re-
ceivipg reservoir VS. The CITY of Nep York-A
renort of the referee gave plaintiffs $50 05s. which.
with interest and costs, now amounts 70 aeoat
$4,000. The Supreme Court, on appeal, Judges
Hanis and Watson in favor and Barculo dissent
ing,) COZ firmed the report and the case was car
red to the Court Of Appeals, which has reversed
the decision, and ordered new trial
Tie contract was a sealed instrument, siSnoa
by the Plaintiffs on one side, and stephen Allen
on the other The specification estimated that tue
quantity of rock excavation would be IoO,VVv Gu
bic yards for which plaintiffs were TO get 81 Pcr
cubic yard. That excavation was stopped whoa
6sS7s cubic yards were made, leaving 5000
wards more 10 complete the specification. This,
thew say. would have cost them but 30 cents per
cubic ward to get out although the first 5000
wards cost them 81 20 per cubic yard, and the re-
sidue about 81 20 per cubic yard They were
paid sos, coo, and it was acknowledged that ~
l5q including interest, was due them. 10 THIS
referee added $i6,SC making the amount as al
ready stated. The receiving reservoir was a.
yided into two sections the n. section to have ~
feet depth of water and the D. section 20 iee'
depth OF water ,.,.;s.
IL was provided in the contract that plaintiffs
should M axe any alterations IN the form, dl,nen'
sions and materials of the work when miSht DC
directed by the Commissioners or Chief Engineer'
In the supreme Court Judge Harris in bis dissent
stated that the specifications did not bind me
quantity of work. as it was impossible TO say no"
much rock and how much other excavation there
would be- and the whole contract must DO taken
together The estimated entertainments, ior IN
stance, was 100000 cubic yards, and put $3.50.
performed; the protection wall eN,ma'eu |"
SO 900 cubic yards and 29,O2I performed &C Do
Jndge Harris also thought that the action viii
not lie against the Mayor, Aldermen, &c on the
special count for breach of contract because the
contract was not made by them but was made "
one of the w alter Commissioners under seal. -
The views on which the Court OF Appeals based
their decision have pot yet been published. Mr.
Sherwood appeared on behalf OF plaintiffs and
Messrs Henry Z. Davies and Jas. I. Brady too
the City.
Court OF COMMON PLEAs-General Term
Before Judges Ingraham, DAILY and Woodruff
MAJ MdretSek, appellant VS.. Rossi Coisi, Tespoad-
emit. Appeal from Marine Court. 1t was suit
to recover balance of salary, as singer ct the
Opera House. the defense to which was that
plaintiff had forfeited the amount a months sala-
ry) according to agreement, by failing to pertorm
night OF 27th Feb. and not giving notice to DIR.
Quin, the phys stefan of the Opera House. that
he was sick. On the trial it was objected that
DR.. Quin was not doctor. he practlcng on the
homeopathic principle and not showing dipio-
ma from the Society Of Medicine, &c. and that
plaintiff was at liberty. in consequence, to prove
bis illness by ordinary testimony. The Judge
admitted the testimony, and gave Judgment ior
plaintiff in amount and appeal was made.
This Court, in its decision, stated that II was
proved DR.. Quin was appointed physician to the
| Company and notice to that effect publicly posteo
up in the Opera House, and it was TO be pre-.
suned plaintiff had knowledge of the fact. and
il was his duty, on being taken sick, to have noti
| fed DIR. O. of bis being so and 10 have given no-
tics to the manager by o'clock on the day OF the
evening he was announced to perform, that ne
was unable to do So DR. e. by mutuai consenS
was arbitrator between the parties, and his de-
cision was binding. " 1t was wholly immatera.S
the Court said to what school OF medicine the
person selected by the Opera House belonged, or
whether he belonged to any. The legal sisnl6ca-
ton of the term doctor, when employed as It is in
this contract means simply practitioner OF phys.
&C. The law has nothing to do with the merit Of
particular systems. They can become the sob
ject OF inquiry only when the skill or ability OF
practitioner, In any given case is to be passed
upon by Jury as matter of fact The law does
not, and cannot, employ fixed and arbitrary rules
for the Interpretation OF medical science
IL is a science essentially progressive in its IA
ture, enargng with the growth OF human expert
ence, and subject to the changes and revolutions
that attend other branches of human inquiry 9 .
The manner in which this knowledge shall be sp.
piled in the treatment and cure of diseases, has
been, and will probably continue to be, open TO d.
versity OF opinion. The qualification Of
ply sicians has occasionally been matter Of sta
tute regulation. Such laws formerly exist
ed in this State, but they were virtually repealed
by the act Of 1874, Revised Statutes Sd edition.
since the passage Of which any person Ii at Liberty
to practice and may recover for his services, be-
ing responsible only in the event of nal practice
Plaintiff having left the selection OF the
physician entirely to defendant, defendant had .
right TO appoint homeopathic physician or to ap.
point any individual who followed the practice sf
physc as pursuit.-Judgment reversed. with
costs.
Wood Gibson. vs. Wm. Pears0il-Motion to sot
aside report ofreferees denied, with costs.
Edmund 5. HiLiets VS.. Elisha Rpckma..-
judgment affirmed, with costs.
Cornelius DOugLe,ty VS.. George W. BHsteed.-
same.
Andrfw j. BemaR VS.. HenryJ. Ptafner.-Sane.
Reed vs. B0rber.-Same
FiskGr vs. Muyray-Ssme.
Farley vs.. NcGuue-Same.
Jackson vs. WhedOn-Same
B0lLeytoa VS.. MgginS.-Ssme.
Klencks VS.. DeE0rest.-Same.
Linden VS.. LindsHs, NcGoDs vs. Leaoensvorth.
and Hood Va NInnieIs A L. diamissad.