New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-06-25
LAW INTELLIGENCE.
COURT on APPEALs.



No ? Louiss y Kane, by her nexi trend a., appel
LIANT Ggt. W lillian Aston and others respondents The
argument Of this which involves the tnc0n of
Of tie codcis Of th~ viii Of 'bn jacob As'or Dc
ceasfd, continued through L- session. Not con lu
James j. Rug and william Curtis Noyes flr appellants:
DaIil Lord and Joshua Colt fr respondents.
1HURsDAY June 23 -Ciu.es Nos 80. l67. 1876 H. 49,
g. lOJ 80. 81 -. 81 and 49, respectively struck OF b.
consent. Nos 20 and pa ex,hugei BY ron.elt.
No o. BeckWith. respondent, ad the Pr-.iien' 60, of
TIE Union Bank, y. y, appellants Submitted Henry T.
no 3 Riley appellant aqt the City Of Rochester. r.
spondent Argued Henry K Selden for appellant; L.
Tauar for respondent
No 4 La Fargo appellant agi Hs-ter md another. re-
spondents Reargued. John Clarke for appellant Hiram
DEMO f,r resp ndent'.
No ; To he submitted No passed.
No 7. furmSn. cxr. &c, aud others, appel ,nts agt
the Mayor, sc Of the City Of New York spondents Ar
gued, Edward Sanford fr appellants Henry +. Davies
Tor rtspOnGtnts-nOt concluded.
SUPERIOR coURT-srEcIIL TERu-B,fre Jairs DYER.
EEoADWN RAILROAD.
The testimony In this case was continued
JOHN H. Ilonas called by Mr.. Field Am Civil En-
cuer been Engaged ina Ireland, England 10 this country
C,nada and Cuba on railroads; railroad in Broadgiy
would be benefit 10 the travelling public do not knog
auylirg As 10 the Yalu- of the street railroad would
nor tncunber the street seventh part much ls ne
ounbuses from Morris 20 Liberty ST. la Broadway west
side I'LL the stores, except Al mss Express Office take ia
goods OF can do the Trinity place; on the
esst SIDE several below Wall have entrances Neg.
st the gain of space ia hour is 10000 superficial
square feet in favor of cas- relates O. cars AID SEA
they would take up the entire crage Fay from thu MI
scum to Morris ~ the % cars merely the track wJud
reach from the Museum 20 Cedar II
BY Mr. Van Buren-I have resided in NewY0rk be-
sides being absent on professional business about 10 years.
as 20 the cars calculate on twostoy cars about feet
long.
Albert II. Wright called by slma-IIave resided IN
BIoadsgy, below ~ Paul Church 1r more than twenty
years; consider that railroad, every account m-n.
toIed would be beneficial III Broad say, have aban-
doned driving my csrr'ge through Broadway account
o. tie inner the street. Is numbered by onuibgss-.
ard the danger Of il for the last two years there df
fculty crossing railroad track that has the grooyel
rail
Jamos r. Swords called by same Am one Of the firm of
Stanford 4 swords booksellers Broad CONSIDER that
railroad Broadway would De benefit % the travea,
public and to the value OF property taere ths street il
blocked up frequently for - minutes A. time and the ON
nbus drivers and swear az each other enough to
make ore sick.
ry Mr. Van Buren, say railroad would be beneficial
from The idea that il would supersete the onnbuses
John k.tse called by saue-Was o. the firm OF
Cooley s heest Broad"ay my impression Is that rail-
road In Broadway would be OF advantage
BY Mr. Van Blren-Ihiak it would drive other vehicles
vel 'buses, out OF the street think rlr,si
wood dec,nrAzs trade and make better for the o.her
parts OF the town
MI Csfk recaled-Got signatures TO petition from car
men and public psrters TIE wiless was cross examined
by Mr. Van Buren TO whether they licensed cas
and porfrs In answer % question OF tbs JuIye
the witness sad he usually told tie tbs Advantage
Of tie ground rail and that ne thought the road would 6s
advantage 10 passing and rrpasiCC and then they
sg ned the carmen do not into Broadway account
Of the Russ pavement that is rather a deirimsnt than
otherwise II present constructed witness IS carnan
and las found dAculy IN getting Broad way have
had frequently 10 wait i've minutes the al the
side streets, with loaded cart without being able IS
BY Judge-I told them that thought the omai5uses
would be taken from Broadway; the carmen generally re-
marked that II bu. part of them taken they would
be satisfied.
By Mr. Field do not know whether the persons en-
poyd the otner order 10 get renouslnts 10 the road
explained the disadvantages Of road or not TIL
wines added-lt they don't put baggage wagons on the
track think railroad would De Of benefit the carlIsn
and 80 l considered to be the opinion Of the carmeo
Benarah Lefing wel called BY saue-SgW the paners
that are here sho signed Mr. Field sai that they were
contracts with omnibus propretors One them dated
blank OF November the other dated 9Th OF November;
have dOub. the former executed same day in No
yenber.
James H. Sluyter called by same-Am couuseIorst-
Law the three papers ho executed in my presence
the hye papers executed n NY Presencs last witness
is my clerk.
Mf Field under objections from Mr. Van B. then read
one Of them, saying they were al alike IL Of Mr.
Foushay 10 Messrs SHARPE &C. Ia which stated th1,
W hen tie Railroad should BE- completed, within twelve
months ss.ign and deliver 10 said Sharpe and others
all the horses omnibuses sghs X O. Of the 0e, belong
n him. the OF $4,000, 20 per cent 10 Do pad
in cash the balance 20 per cent every thirty days
the said FOGshay greeDg - any other Onni uses
NessIs Sharpe and others dc not obtain the grant
the agreement to be void.
M Davies took Up Of the papers TO be cad which
was objected to by Mr. Field ana ultimately the
sion Of little appearance OF temper ;he frs the trial
between Messrs Field and Van Buren,. Mr. Van b. de-
mauuing that Mr. ID. couf Fea Il that Mr. should
stand VI and read H. 70 which Mr. L remarked That IS
specimen of the impertneuce u which they have ben
. subjected throughout he case all Van b, rsPlsd'