The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-12
sEs Law oovA7s.
Superior Court
PARv SECOND.
Before hon Judge Paine.


Don. u-Asfs~ for tie Death Of Chih .-Johas-
- McBSey vs J,hs Hs, tsr AVID ethers This case,
WtoA occupied the court four days last week, was
1s1aseed 70 the jury this morning. 1t was an 60
HDa ibr lssses occssioued by the death Of Dora
As0vuy. tho infant daughter of the plaintiff, who
wAs killed by the falling Of tho grsnary Of tho
dc0ndast. situated in Cherry street, in June. 1851
JAs Judge conm+uced bis charge to the jury by
enViDe-I shall n~ither on, recapitulate
- Saces In this So far ~ the facts are CON-
oernod, 1t seems to peculiarly case for the
0Yy, that consider IL NV duty 20 leave you per-
6stly ftee from any bias. which you might receive
TN ANYTHING / might attempt to say to you about
tAe facts On the other hand. 1t is equally a
eass In which the jury ought TO leave the
questions Of la~ 70 the Court. Those ques-
flooe arise upon statute, making a remark
able alteration in the IN q and Of hcut ooRstruc
Gen in restects; aud. unfortunately, its CON-
etruction has not Yet b. en- settled by the courts
shall expect therefore. that you will rely implicitly
upon my directions ms 70 the lss. in order that the
parties may obtain justice. appeal to the Court
e decide whether my directions upon the Law are
right wrong. the dcs. question Of law is for
what kind OF injury, does the statute make .
party liable! think, in case Of this kind
II makes him liable for negligence, or q
want Of skull Ia the plan or construction of
the building There three different degrees
Of negligence well known to the Law. The 6rst is,
extraordinary ghssrce; the second, ordinary; and
the third, sight. And IL is sessars for you TO
bear constantly in nd for ~hioh degree Of negli-
eence the defendants are liable 10 this case. They
are then liable for the REQ md or middle kind of neg
hGence; or for a ~sut Of ordinary care. They were
mot bound in pl .nnug or erecting the building,
70 use exfrsord'p sr! but ordinary care-fuch
care as prudent, csfeful and considerate 0rdi
nArily use in planning and erecting buildings Both
IN the planning aud constructions of tho building,
tho defendants bound to employ persons of 4
proper degree Of skill, to assist and for them
men who quaiid.d for the business they under
took. And all persons employ ed by the defendants,
to assist in the pl.np,pg erection Of tho building,
were bound % the same degree of care as the de-
toudaDts themselves They were bound to take the
same care that .sr fnl ord uary take ia the
planning and erecaon OF bu'dsngi do not
think that the defendants are RESPONSE ole for
al except inevitable accidents rs mas been
insisted by the plaintiffs counsel. They are re-
eponsible for such accidents as have proceeded
from want OF ordinary care proper and sufficient
skill In the planning and erection OF the building,
and for no OTHERS If you should STRIVE at the con.
oausioR that the defendants are liable, the next
question OF la wall be, for Shat kind Of dam ges
are they hablet Ibis depsnds upon the words of
the statute. The statute authorizes you to find any
amount of damages, no. exceeding five til ousaad
dollars. which you NAV deem fair aud just conl.
pepeat0il for the peruary injuries resuiting from
the death al this child its mother the plaintiff
no matter whe tber Suah arles had been su stained
before this action wss con, uenced or may vet be
sustained shall al.o nstruct you, til It althoug "a
no evidence has been offered o. any Injuries to the
mother from the death OF the child We. you are at
Liberty to give dAmsges for auv injury which Won
may believe the ott+r has sustained or NAV sus-
tam. But you are not at liberty to give dam ages
tor any kind Of injury except pecuniary injuries, or
injuries OF pecunisry nature. You cannot give
damages for any loss of comfort, or any grief or
s0rr0w, however great, on the part of the mother
from the loss of the child, unless you are satisfied
they have led. Will lead, 10 a pecuuiary injury
Inc case is one OF < eat importance to the parties,
and you ought not decide is without mature de-
Liberation; sill il Is Of great mportance to the ends
OF Justi,e that you should agree upon some decision
before you separate The jury then retired.