The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-18
Superior Court.
AM RDls
psfrvA Hon Tudoa Gam mail and n

Before Hon Judge Campbell and Jury.
JAM l7.-Char&s B. james Us Charles r. Wood-Action
$780, the value Of horse hired to the deten
dsnt BY plaintiff in July 1882 the unds tanding that
the horse to be we'll cared and to be driven only 10
en- b.yps q IL: II. Hsnrv Csv
boat dove the horse to the village Of Yonfers at very
rapid pace that the animal injured, and dice n
two months afterwards. The defence denial OF the
rapid driving and want Of care. appeared In evidences
that the horse hired by defendant and that after the
alleged Diur, it was put to in New Jersey where it
died. The case la still op.
PART SECOND.
Before Hon. Judge Dusr ard Jury.
ACTION AGAINST STEAMBOAT CAPTAIN AND AGENT
FOR CARRYING PAssENoEss PAST LANDING.
JAN. 10 -Thomas y Smith against jana Mccullough,
yr, and frederick W. Stone -rnis action brou sht
by the plaintiff member OF the Arm OF Hsnrys Smith
Tosnsend, merchants doing business the OF
BoadWay and Pine street, In This CITY, against the do
PENDANTS as captain and agent OF the steamboat Francis
skddy, under the following citcsmst.nces viz on the
10th day Of July, 1852 the plaintiff DESTROYS Of leaving
the city with his family for rsceat took passage
with aia wife and two children board Of the Francis
city and AlO.ny for o.ttslii on the North river Ths
defendants 1t was alleged ny Mr. Charles 0Consr,
sci for the plaintiff had previously caused the following
psrs viz. =" For albany 81; Poushkeepsie, 50 cents
Hudon rs cents. The and elegant steamer Francis
xonasv h'r and Fasy for Xssny
landing ut Wet Point Nevburs Poughkeepss Hyds Park
kingston Bristol Cattkl and Hudson returning leaves
Albany Tuesday, Thursday and Saturday, At the
hour, making the landings Is above. N. B.-Usdsr no
crcumsances wiz any Of the above landings be passed
James Mccullough, ssent, lto Front street
Imme lately after smbarking board OF tbs Sxiddy
Il severed that the latter boat had va In the
steamer Aida which va then ahead I'D on her way to
ferdsn ii is alleged, caused an undue and dangerous
quantity q steam 70 be generated board Of the Skid
dy, which Grove and propelled her 1T unusual rate o:
speed The Aida keeping IN advance Of the defendants
boat tie CAthl landrE omitted By ths Stddy, and
the plaintiffs family and sisters we're carried By and
landed At Hudson together with several Other passn
arr{v At nds ha In ANNA
With some friends chartered another steamboat 70
vsy them back to CattshilI where they arrived some
hours after the usual time This action brought for
breach Of the costraot, and for refusing 70 lard
the plaintiff at Cattskill and for naloIsusy
OBTAINING and mprsonips him on board the dseodsnts
boat against his remopstrances and demands Damages
laid at o. 500 For the defence II oontendsd
BY Mr. John Van Buren, council for the ats that
this action contract and the plaintiff cannot
that defendant Mccullough, co1h not be msds liable he
having control the boat; that the captain had
the entire CONTROL AMI he neglected his duty the
ers could not 10 made responsible
DEC 1.-The testimony having been closed on both
sides Mr. Van Buren, 10 mining up TO the jury for the de-
Pendants eaid that this the most curious he
tried All sorts OF Irrelevant matter had been nrodu
the Heny Clay catastrophe ha been dragged In 70 in
aDsncs ,h: JURY but , q, 18th that di':ss, this Jury
made 10 racing had nothing 10 do with this q. all
Mr. Van Buren, read the psadnss to the jury, which he
and from them he sa appeared TO BE- salt for false
i'm prisonment Of the plaintiff and his family and sisters
In OBTAINING them board the defendants boat from
Cattski to- Hudsss and for generating undue AM
dangerous quantity Of sNam, aud for Tightening and
ala rming the plaintiff q wife and sisters 10 similar
suit, brought BY fellow passenger Of the p.snn, az
Honor Judge Oakley struck out VI the complaint all tnc
allegations ~ to racing.
Judge Duer thiuk the fact Of r.oins impor ant 70,
tbs purpose Of showing wul intention 70 pass oAs1hn
without landing
Mr. Van Buren, read the statute against rAciog, and
contsncsd that this was enly 90 sotcn for Tight and
IA lee I'm prisonn ett Now action for fright be
tanned; II So there would be no end to frights
politicians get Together Ia hotel and sit down
l,.s .,ls a SsDsef l@a.-. -. 49,. a.1-- 80 .cs