New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-08-17
LAW LVIELLIGE VTE.
COURT OF COMMON rLEAs-sssprs Judge D;lr.

COURT OF COMMON PLEAs-Befors Judge DitT
HOTIOS FOR IsJUscTIoS AND ATTACHMENT.
Max Maret1ek tg George W Giazs Commissioner Il Street
and Lamps the Mayor, Aideraen &c.
Motion for permanent injunction restraining the C1po-
ration rom dumping u alleged they have me m
pure dirt INTO tie filling up on the enlargement %
he Baticry and for attachment a[ans: tho
for violating charged the temporary injunction "h!cl
had been allowed.
The argument in this case continued yesterday.
Mr. Willard addressed tho Court IN supper; oi e n).on
In reply, Mr. Dillon, for the Corpofatoo stated nat tbs
SUIT wts NJ fact for the benefit OF Mr. COnekln the con-
tractor whO is also the lrss,s from th3 Corporation Oi
Cattle Garden but assigned later % pland. There 10
reservation in the engg ement contract that the Gay
shall have lght to dump coal ashes AL rubbish r0d
tlt frat six wards into the hliing Gp. 1900
The filing up or the right OF throwing rubbish anA
earth there il ems is quite valuable parties paying the
contractor 20 much per load for the privilege Ihe r.
object Of this Injunction, hr d. SAID, IS - prevent ins
Corporation rom dumping there at All sr "uitri -
phC0, prohibit ftom dumping certain KIM % N,
II denied that the plaintiff - entitled ethet To nJlc
ton attachment against the C0mnis'1her No:
Marezek being assign, IL the lease OF se Garden %;
Mr. ConckiD can have no great. rights man &c mas an
il il denied thar any nuisance. A 10 nuisance,
Mr. Dillon said, party can have an Injunction on tsp
prouues FIRST wLtrs tAe nuisance is oieGs.ye 10 tn
lenses ard Affects the enjoy meDt OF LIE ami second,
where il affects the health but nuisa'ce 10 not this
which uay be SIMPLY Injurious 10 business
Tie proprietor OF me Washington Hotel corr 30 Broal-
WAY and Baftg.y.place whore Mr. Mare EEK hives AMI
large number %. PERSONS permanent dodgers a. ee house,
also some ~ 30 Other persons, residing at different
houses in Battery place M testify that they nave me-
obsetyed any thing ole iisyr from the hi'ng u-sb taf
there ythISg offensive Innst Ue within -ieY ieet pay
i The impure mllter Gnd II 10 dumped ne n i,ieG r.
Den and temporarily unpleasant IT arises from he very
mature If The business filling up,so ~ IN bisn5ss
sen.e Mr. CoDcktn mas 10 rh " eonpaid Iui - cJl'
seGu zee M haeiZA ms assignee IN the eae, en- io'
l1ie Judge sad unsancc To property s cahs0 of m
iunctor Nr. Dillon replied that cxcep, whore fraud -
eHercised sgch viOatii rtdo-in1 o. Vu'1 &c
ar.s b,,Iress matter is nut nabe 20 Injunction All
where an Injunction lies for usancs az t'st pro pery
lsea on VI allegation ii b.g inJuJu 10 health Or le
In The present il Is Pos.'ve,y d ga Oy yan'ns A.
fdavs lhHt any nuisance bad been created iihr mo
Commission OF Streets AID Lamps Or e.y othof oh;er
Of the Corporation is desOus that any nlsaoce shohi
exist but the contrar, and II ey lnplre matter hL
been dumped Dtn the ling up II has oe done y oler
tsrti.s with perm sson OF Mr.. CoHcGiln Aug person
passing by tie enlargement can relG y perceive 'iN
tleTe 10 necessity, even where impure mat'r -
dumped for being 'lhce a It can be thruTn into
the within the line OF ENLARGEMENT and goa eifth
dur d, UPON Il; tha:, unless nere IS e,crna)h
the por ofthe compianlns parry or tAe contractor 20
dump matter where II shall be nuisance there no ieei
of any being created. The whole proceeding, hr. D.
said has grown of conflict OF Interest 81 hr N'Org1
Law Oh tie one side and the contractor On he ohef
The placing of street manure at any gwen pjnt ~ NOT
such nusaf &C "a injunction attachment can be al
lowed for as for the comfort aud health oi th- CIT
liens, be teken from ihssee's anu den''ca, un ,1n
be taken away sones here, and II IS better tha u slold
be DUMB in such place this filling ~, IN the wafer,
than the end of pier, where i would be offensive
The Supreme Court, Mr. ID. snid dsallowed an lnnne-
ton for as to the Geposing of ona until sucb time
as it could be taken away, 1t foot OF lhrty
was nuisance ii vas true, but would DC eqiauy 50 ~
Ia :
Mr d. contended that the motion shoid not be ao we'd
Decision reserNe0.
T. $. COMMISSIONERS oFFIcE-Bsfore CoDu,'r BuDsaAN
ca ARGE OF STEALING TIMBER FROM The s,vY YARD
Abe United william Farrell and Jonn AeSsPoeon
This case Lad been adjourned 10 yesterday 10 enaOis
,b produce further evidence suppOr Ot
tLe character of William Dibbe the principal witness for
the prosecution. ,,,
krows Dbble his character Is good far rs witness
knows would believe him under oath; have known h
slightly about year; last year about this time he wa
burned out and he got sick; have never heard any ohe
speak bad Of him. but have heard people speak we'll
EVIDENCE FOR DEFESsE.
Richard Poilon sworn-Carries on business in New
York; knows Dibble by the name OF Dillon; he came 10
me on the let OF June and sale he had timber for
sale: asked HIM where II was from; he SAID his aaht
husband who had then aely died at Astoria owned the
timber that he winding up tae estate for ms aunt
and wanted sell he timber he said he sold timber 10
other parties told him not IN the habit OF oay-
Ing small lots but after good de OF pressing We eIn,
.nted buy it, paying fair market price Tor a. ne
agreed 10 take il 90 our place of business n Br'oHyn
near the foot of Bridge-t he afersard came again
snd said be had another lot OF timber Tor sale asked
hni why he bring altogether he sad the steam
boat Astoria would not bring all at one tine; We plr
chased a. before. paying the market price. 49,
Police Captain Hambn, Oh BrOvhl! gave some liitle
testimony as 10 tie arrest
Tho I. smory having closed, the Com missioner with
or ny remark. discharged the accused rOmcu't5dy'
bsiore Comuissuner srfLwEIL.
CHARGE OF ASSAULT WITH DANGEROUS WEAPON
Capt. karshH OF TIE packet solp lmNsl,re ~a' Ar
reftsd yes,erce! on the comp a;nt oi "ti. browne os
o. tie c,w who charges Capt VI. IN hav N struck h
Over tb. cad Oh tie l2.h Of JGly wth beayinE pm
vhIlc CT The voyoge from Liverpool 10 tls Por.. Cap.
NJ wss held 10 bail ON he charge.
OEsTEICTISG Al OFFICER ~ fHE DISCHARGE OF MS
DUTY.
james Deets, plot of the steam.tGs Joan BirN5eek,
was arrested on the complaint OF william : Leash, al
Inspector Of tie Customs, ~bo charges iha al. D. IA
the ubor az N,w York the ga ust o0st-ucei AL
npeied him in The execution oi his duy' He'd - pa
x-Lyr yopK PIN ApFIPnIA PITTSBURGH