The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-04
Superior COurt-Sp< raa1 Tewsn.
Before Hon. Judxs Hoemas.

Jasa,+du Il. Zeal re-. Ardr,ak Body Jots Ross and
Sydney Di1o.1-Dstsio- ard Ey.di1y Of IL. Jidge a,
sperdt 7rm.-rah cause WA sxcuktt to trial be.srs
without Jury, ara having heard and osnsidersi
the testimony fHi cscetusions Of FAC. an Law
fuiiovs-lbs. the defendaate we're Contractors Sita
the Nav JerseT Central Railroad for coostructa por
Hon Of aceh fsad end tho ath dsy Of JsnuAry 1851
catered into sloton.rsct WITH oas Cyrus p Dunbar
fcr eIIdtng and nls.ipg portion part OF the
suprissd IN issu ss,t contract. 1hs@ such sub.coa.
tract ssEexso to tbs ecmSlSnt ia thia esuas, sai
that tho bessGt ttaesf bss bean asssasi 10 tic pre-
sec. pa.asis That aettisnsnt betweta tho parties
ea.sns Of ths Isinsas Assgner Cyrus r. Daahsm. and
sianee then PAID. Tast zach ssttieuest Obtain
.shoet say iSasi % ceaceslsas 'ss part o,.ss
6stsndsrts -oc upon certt6cate Or ststsuasnt 81
ecaastr, WITCH eous;der bia1rg cpon Tho asid Dun
ham and shs fls.non uoiess frsud grass hA I
pisotd has cot established either 90 i9ed sba. the
complaint be disrrlssed vita coats.
Opi~sor on DscistoH.-Cyrus !. Eenhsn ksi a
coAsrAct vita tie ds.eadanta, dated 6sh Janusry
lssi, By Which he gagged to Psstorm esrtsia POI
tons Of Tie worA sscssaary for constructing themes
tee with tae company, for tho rons,ruoti,u Of tina
whole, or Large portion Of tas vors aud os psiug
at soy tsts the section nsise usieet II tasr
sub contract with Dun Lam TAs latter sas - be PAID
at certain diaereat sat apostle rstes fur wh.s was
called "soIa rock" 'iosAe sad shals roch" aud
"-sHtb," "a we'd for other work 80 % done
Tss ccnGact contained thia eisass ssThs ensiaser
sh al TO the judge OF tbs quality and quantity OF IL
.ss ssS h'rsn .pse,hed yof. and frao hi. dsotsIo.
Marco, ISt2, the work Of Danaam MAS comp lctec.
40 not think sny question fary arises in the cause,
witch r,quirea dscirion a. to his neglect 70 ps'om
the work IN time On the 1ssk Of September 1851,
seHeuent wss made beswees DunhEm and the ds-
fendsnt. by winch sum Of ttt9 "a was paid TO Liua
in full Of all demands with the wsrd az exoeptei
=. the foot Of Dnnhsns receipt for the sana II IA
also proved by him that Ne thea stated that tho al
l0vsnc@ TO him for excavation Ct roc. short,
end be would examine into II. he told that ths9
- e.,y 20 BY the eosae.s'' st.t.rsat lilo says
uat a. tho iine DO Was aware that ne had not bssn
allowed enough, from his attachments befor. maze
Us remained for aboc. yosr after the sattl~re emit be
fore 10 comusaos this action and having assigned ais
clam IL the principal witness TO support H. tho ss.
tfIett was made up0a an exa 10! nation s,d
Eent Of sfe,d1 Dose ~ Mr. Foot, tho rssdeat ensi.
nee., mace shortly altar it, aud macs Foot swsara
wtsh the utAos. care. and that hs was epgAgod 10
vtsas about it. Ths chief engineer Mr. Neil, and
ssgfeo return Of tho WORK done, which before
the parties ths u,tnsnt, and formed 10 bl,s II
hse engineer, whose Judgement was TO be Anal, aeoss
ssriy meant the chief engineer Durham ought 70 have
taken that objection At the time OF tho s.tiemsat
coelt probably have then been removed but In truth
should rather suproee that resident erginesr VII ss
duty WA peculiarly TO superin,snt the sections was
mose probably ccnsmpiatsi BY the parties than tbs
trszeer could not form his ujgmsnt pom the informs
ton and reports Of his svbordiratss II So the yrov
untsra.ood ~ all parties that his urstn were
made fec ths CT sf essnser and that ths TO
b hSslly ss.ma.sd by them Under such circum
stacoss think that the piAi ntla ought ont
Gaze af csHcisncy ret merely With certainty but Of
such an extent A. 70 Justify the conclusion Of fraud or
gross tarssssness Ana error The testimony far frou
leading to this result plscA reliance foot's
evidence than any other in the cxu,e That leaves
scarcely quseson except a 10 the August work whsn
he was away. But be says THAT the September Is.
innate he tia whole Of tho dene Daa
Lam bsv.pg complained 10 him 10 tho August e,.i.
mse. The case one merely an to the weight of tss
Doby 10 establish THAT think ought 10 b. sstsbshsd
all the evidence, consitsr tia. he has failed
The complaint must b dismissed with costx.