New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-19
COURT PROCEEDINGS.

SUPERIOR COuRT.-Before Judge Camp.
bell Laurence Fleming, adm. ast. John George
4,cisrA portion of Messrs II S buildings, erected
IS Il, ur mil, IN Cherryst, gave way last year. and
a large quantity OF brick, &c also several thousand
buSte OF he at stored IN that part which gave way
ieli IN the yard, area and kitchen OF Mr.; Fiemlng
Ne Us Cherry killing lille daughter OF Mr.. F's
who Nas III the kitchen lie brings action, as adj
an st. alor and next of kin OF deceased to recover
Camsees for her death.
GDe suit is brought under the law OF 1917, which
pc ums next OF kin TO brlI suit where relative
has been killed by negligence Of third party, and
the damages laio at 5000.
The Flour null had recently been erected on four
lots The portion next to the house of Mr. +. was
intended for storage Of grain, and contained ten
equal sized bins, each bin commencing near the moor
and going up, without any ceiling or partition to the
top a distance OF IS feet. The bins were divided
from e. ch other by walls
On the day referred to, one OF tho bins had been
filled with Philadelphia wheat, which is said to be
very heavy and compact, and the pressure burst out
a space of the wall, IS feet in hight by nine in
breadth, throwing the wheat and rubbish on the
premises OF Mr. T., as stated.
On the part of MIR. F. it is cohtended that the
building was insufficient for the purpose, unless left
TO dry for whole year before being used, which
was not the case, but 1t was dried oytartlfclal
means, which impaired the strength Of he walls,
&c. Aso, that the other bins were empty at the
time, and the machinery kept to work, which shook
the buildings. He contends that the death of de-
ceased was owing to neglect on the part Of defen-
dants, or their AGENTS.
In defense it is denied that the buildings were in
sufcient-oR the contrary the inner and outer walls
were strongly secured by iron rods ard plates and
fore the accident happened and that the bursting of
the bin caused by the earth under the foundation
giving way. To be continued this forenoon
Before Judge Oakley.
Charles c. Gren0ugh against Pacific NAL Steam
C0npary-Plainhf agreed with the Company Tor
year, to be employed as Chief Engineer between
Panama and San Francisco. He was appointed by
the Company to the steamship Oregon, at Panama,
in hrtxx de ohavUp IN nj
February, 1851, on the ship arriving at San Fran.
cisco. He contends thatit was without cause, and
tho present suit is to recover four months wages,
at 1925 month, up TO May the time the suit was
commenced less an amour, paid. The contract
also agreed 10 give plaintiff bonus OF 81 900 over
and above his wages In the event of good service,
&c for the year. but nothing is said as to that In the
present suit
TIE defense is. tina. the service was not we'll per-
formed also, that p ainlif had been guilty OF insno
ordination, in not obeying the captain, &c Inc
points we're oenied. Verdict for plaintiff $3sS, be-
Il ssfrSh Hnu and A. Behma against Albert Jo,unay
and P,ftr r. CLARK To recover $3.50, value o. goods
sold
The defense is, that agreement was made, by
which Messrs. j. ard G. were to furnish ). s. han
to receive an equal amount IN umbrellas aud para
soils from plaintiffs that they cid SO deliver but re-
oeiyed back from plaintiffs only the amount IN qles-
tOn aud that plaintiffs owe them instead OF thcy tie
PalItifs. Sealed yerdlct
SUPERIOR COURT Before Judge Oakley.
Allah Hall and Andrtw Bohme agt. Albert Jo,gnedy
& Co--To recover for quantity of umbrellas, &c.
Sold already refer ed to- the defense to which was,
that hessrs ]. & Co. were induced to denver 10 T.
s. Hall, OF Vermont brother of Mr.. goods to the
amount OF 5000, on the understanding that MessIs
j. Co. were to obtain, in pay, umbrellas and para
sols fIom establishment of plaintiffs, as they might
want them and that the bill In question was part OF
the arrangement. This was denied. The agree
uent that plaintiffs should pay was not made out by
proof. Verdict for plaintiffs $3.50, being amount
MARINE CouRT-Before Judge Lynch
SUIT UNDER THE LIEN LAw.-Miehaei Bergen, As
Signe, against John Bearer, o,cner, John A Brown,
Contractor. A plasterer named Byrne. worked for
subC Contractor on house for Mr. Beaver, after the
contractor had given up the contract and received all
the payment specified but the last which was not to
be- till after the house was finished, made his hen
ard assigned the claim, which is now In SUIT.
The Court considers that under the lien law OF
1851 lst section owner is bound for work to the
full amount OF his original contract with the con-
tractor, The work having been done, no matter
whether there is any money due to the contractor,
as in the old law at the time Of filing the lien, or
not Judgment for plaintiff.