The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-10

IMPORTANT DECISION IN PRACTICE.
March smln 1 ~ Aater q Sesn =: Aa1s,0-Mr
he being resident of Kings county, and consequently
beyond the Jurisdiction Of this court The defence inter
the calendar and therefore the Application WAS made too
late. Judge Duer said that he had consulted his col
leagues, and they agreed with him that the motion
came too late and must be denied but without costs.
This is regarded rule of practice and likely to
create sensation among the profession.
PART FIRST.
Before Hon Judge Bosworth and Jury.
MARCH 9.-Sim0n Gage W. John p, Cumming and
ohvs-This was an action against policeman and an
owner of wharf for false imprisonment In causing
the prisoner to be arrested for unloading quantity Of
brick from soOp which the lessee of the wharf order
cd him to dess from He refused to and the police
man took him into custody-but he Immediately dis
term and reported On that occasion the jury did not
agree but in the present instance the jury returned
verdict F Of $50 for the plaintiff , s
ter. Verdict for plaintiff, $50
PART SECOND.
Before Hon. Judge Slosson and jury
MARCH 8-Edmund Palmer against The Neo York
floating Dry Dock Compamy-This was an action brought
By the plaintiff shpcarpenter of this city, against the
oowing circumstsncss-In January 1851 the deend
ants were engaged raising at their dry dock the
hip Ohio for the purpose Of enabling the said vessel to
be coppered and repaired The dock provided by the
with standards for the support of such scat
coppeng and repairing the vessel fhe owners Of the
steamship Ohio employed Jeremiah smonson and Rodney
raised to the dry dock; and they erected scaodns
alongside the vessel using for that the standards
provided BY the Dry Dock Company for the support
tnereof MesHs Simonson and Lugar employed the
plaintiff to assist in the oopperng and repairing Of
said vessel, and while engaged the scafoidinR
gave way, and precipitated the plaintiff and &c.
feet, breaking of his arms, several ribs. and
severely njurng one Of his hips in consequence of
which, 1t was alleged he confined to his bed unable
to move or turn without assistance for Ave or six
weeks and that he was unable to rise from his bed for
six months afterwards Messrs. Horace f. Clark and
kapao counsel for the plaintiff commended that the lat
yer was permanently injured for life and ncapacitated
from ever earning anything again. reganng the
use OF his limbs and claimed damages amount of
$50 600 1t also commended that the defendants
support OF the said scsoldng their duty
30 to do and that the giving way Of the in
sequence OF the negligent and inefficient construction of
the said standard and the fastenngs thereof by the de-
PENDANTS for which they liable to the plaintiff for
the damages sustained by him, above stated.
For the defence 1t contended, by Mr.. Edward Sand
ford for the company that the defendants not
ponsibe for the accident not having employed being
in any manner connected with the plaintiff The acct
dent entirely from the careless of suspend
ing the scafoldng which work performed wholly by
Simonson and Lugar and men in their employ The de-
PENDANTS 1t was alleged, were not liable by of
their furnishing and permitting the standards to be used
as they were sufficient for the purpose they used
in the manner they were designed to be. They
never intended to sustain any lateral backward pres
sure nor but slight perpendicular pressure, and
capable of being used without the eyebot which gave
way, ever being used at all. Counsel contended that
there negligence the part Of the defendants,
but charged negligence on the part Of the plaintiff and
his employers in suspending the scaoding the way 1t
was when the accident happened.
The standard in question: some twenty feet in length,
was into court for the inspection Of the jury and
also model of the steamship Ohio to illustrate the
Of erecting scaos for repairing vessels when on the
dry dock. The case Ii still on.