The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-13
Corlf Of Common Pxeas-Part Elrsf
Before Hon Judge Woodruff.

ACTION AGAINST RAILROAD FOR BREACH OF con-
TRACr-HEAvg VERDICT
James B. Green Us TIE Second Avenue Railroad This
WAS acton brought NJ plaintiff who contracted for
laying the concrete rail tor the second Avenue Railroad
damages Arising OF the suspension Of
crete above Twenty eighth street. after plaintiff had
nished the most expensive part of the route Messrs
II, Il. Cowies and J Skmau, for the plaintiff, proved
that the psny through their chief engineer issued
specifications for proposals for concre ing the road from
ssrss ssoW Hester and yards
above Grand street. that his proposal WAS verbally ac
copied ~ the Board Of directors Ia fa mestias Who
his proposal accepted that he went on AUD did the
work which accepted approved aud paid for as far
rs Twsptyeigh,h street, when defendants prevented
plaintiff from laying any concTsto. though he
ready and demanded to complete the contract, some
5000 square yards rsrnair ing to be done hessrs.
Scher sscsson and Hutcnips for the defendants ar.
gusd ct length that there CONTRACT az reso
luton had passed the Board Of Decors protorma aud
rs they showed receipts fer tbs amount OF actually
done, moved fora no, suit, on The ound @at there
was nofsct to go to the jury This was denied by his
honor Judge Woodruff who in his charge to the jury,
altar faging oticed aud less i'm portant In
the complaint instruct them t. the rule Of damage,
was proved as 70 oss-'lhsy should take the market
valus OF the materials necessary for the work. At the
tins the wcrk was soepsd add to that ths value OF
labor In procuring them and the time and labor
sary 20 work the MATERIAL end ahos something for
eontE genties for b.atage, delays &c and compare
excess Of the latter was tn. d,msge" This cause occu
pied nearly two days The ury attcr absence OF half
an bour returned With verdict in favor OF plaintiff
for S3 600 Defendants counsel took except ons to the
ruling Of the Judge In the rule OF damage.
Supreme Cousf-special Term.
Before Hon Justice Clerke.
CONSTRUCTION OF WILL.
Oh. Il -Vaw Zandt rs. Van Zanh 1t was clearly
the design Of the testator after tho ceoesse Of his wife,
to have this fund of SIS coo appropriated TO the Of
his grandchildren and although he directs that sh all
s%onn Il. sum q doe. not
follow because the ,muston Is una vful that the
original fund should 1T te e'triuued a. be directs 1t
should b. when $40 should be ADDED to II by the
eumulaton We must carry his iotenion into effect
pssrly as We can in conformity with the law The
bulk o. his estate and becomes specific legacy payable
when this Increase should happen This increase, how
inc ny ha ss sbo he part
Geetedf fhis would b ut variance wit the principles
which have always in such cases guide. courts OF
equity. The doctrine OF CypIes 10 bepefcent, and,
tfsreforc favole doctrine and win alwa be adopt.
I'd when deere be made In msnner consonant to
fore the $4,000 be distributed in tho same msnner ss
the tssator directs bad Il $4,000 been added to it.
nent q the order, which must be on notice.
Row m SsHNsEcTADY-Two MEN SHor-PoLrcE
- On Is. OH ina, c.m au's sSv
Osassey Of thateity hso s annual parade and taget
s.sofs. 70 ths D:i,s Sorhood and party Q: rovae;
the company They amused themselves by rolling hogs
kssda down LIN near parade and breaking up the
noysnoss, thereby svoidios collision ''"'' ~
In the evening. however, the came % npAny gave
bail 1t "Tamnany BALL." oor1er Of Ferry and Liberty
streets The rowdss obtaiued to the and
ewed their efforts at disturbance. The company were
rot posed to bear 1t longer and several Of them hAv
irg thsr mrssets neer, loaded them and warned the
rowdes 70 leave the hail. Ths rowdss paying 10 at-
tenon to the request two three shots nred By
members Of the company Cne man was shot In the leg
~ iih ban and buckshct; another man In the mouth.
Policeman Kitte, while attempting 70 arrest the row.
dies fell do stairs end brose his shoulder. Our In
Dormant did not learn the Of the wounded men
but learns that The sh Ia the leg has since died.
bis limb having been amputstsd.
Domestl Miscellany.
Anthony Burns tho remandsd fugitive slave, whose
case caused much excitement In Boston, danger.
~.
The Haistu-v pa papers contain applications 10 b
fnsdeta the net LEGISLATURE for thrty Three hanks
covefus capital OF neary fifteen millions Of dollars.
u. 3. Hasshul's ONCE.
Gc< III -1W REcrr CBARcr or DxAuvu IN rHK SrAyr
~ ~ -~Barhoionser Basco, ed yesterday On
81 arr ~ sriIg fitted cut the 6mcfcau bar Niisu-
/. sILset.sgs s6s ertsrsd into BAH In the sam or
s-gf<e {, A. EtE 10 stmiL mt.