The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-04
Brooklyn City Court.
Before Hon. Judge Culver.

DECISIONS
JAN 2-Tne following decisions rendered by the
Court on saturday assernoon;-
CAas. O. Lincoln ". Jesse S. SaitA.-Case settled.
wm. Z. Lyon Us. Tie Ossy Of Brooklyn S~& Elisha "
acknowledgement for plaintiff. overriding demurrer,
with to defendants withdraw and answer pay
Catharine A. 7ho~as, BY her neat F.tesd, Job.
homds-Ordered that trial be granted on payment
Of costs Of former trial and costs of opposing motion
George W. Wood Noah W. DuTyca.-hoticn TO set
aside complaint denied with $40 costs 10 plaintiff and abb 10
Cdtharins DARBY, by her neat Eie.d, Patrick C.a
hoean Defendants motion for new trial denied, with
out costs.
Sarah Binqer o. William A. Orr.-Mction for
further bill denied without costs, plaintiffs serving
copy Of her AFFIDAVIT Of Dec 49, appended to copy Of bill
and in case Of neglect 10 serve the same IN five days. she
Is to be preciuded
Alfred Gray William, Johnaos and Others.-In this
the Court delivered the following opinonrhis
motion for trial upon the Judges minutes, under
section 266 Of the Code The action by the father for
damages by Of the death Of his infant child ave
years old which strayed upon the unencosed premises
OF defendants the city Of Brooklyn, and was drowned
open cistsrn thereon. The possession Of the lot
the negligence Of the defendants and the amount Of
damages have been settled by the verdict Of the
jury and should not be disturbed. The only
point worthy Of consideration on this motion is the
negligence Of the plaintiff in allowing the child to
stray the defendants lot In other words whether
the child being technical trespasser action can be
maintained by the father for the injury am aware this
is class Of originating in the country where streets
wide, farm lands extensive and playground abun-
daih holding that the injured cannot maintain
action Il Cowen, r. IS and cases.) But have been
referred to NO by COUNSEL nor do believe any case
can be found applying this doctrine to city lots Real
estate here is necessarily cut into small Subdivisions
Houses and premises contiguous to each other and to
Streets alleys lanes and thoroughfares Streets are
thropged with vehicles rendering unsafe for foot pas
sengers especially children 10 travel on them sidewalks
become necessary. These sidewalks in direct
tguy with lots and these lots be open and unencosed,
especially If tagging stones have been laid Gas in this
there will be constant liability the part of those
passing 70 the invisible line between streets and lots
Leaving such premises therefore, unenclosed, with pit
falls open wells cserns could neither be dee med safe
prudent The open lot in this also a
lot, and the evidence showed that path
tent used running dagonay the lot and
the open cisteru Children played on this as well as other
vacant lots The defendant occasion children
looking down into this ctern and haiioopg therein and
ordered them away 1t proven that defendant
sdered unsafe and several times covered that
the covering removed but that he put enclosure
the lot the cstern after the fire, leaving them
In that condition some three four months. II not
shown that the child had any knowledge Of that ctern
The father testified that he himself did not know Of it
I'll his child drowned. am not prepared, therefore,
others upon unencosed lots in direct proximity with
those sidewalks that the child in passing play
ing upon these open premises was guilty Of such neg
would deprive the father of right
for the death of his child The father the absence of
any knowledge Of the fact had 70 presume
there were pitfalls open wells, cesspools els
terms vacant city lot at the corner OF two public
streets. The child young 20 exercise much
judgment about the matter The negligence OF the
dc Ddans and that OF the plaintiff, well that Of the
child, was all submitted To the Jury They have found
that plaintiff allowed his child to play where other pru
dent parents cities allow their children to play and that
the child played upon and passed vacant lots the
children Of prudent parents do. l not disposed
gansay their finding The motion to set aside the verdict
and for a trial must be denied, but without
George w. Wood Us. Noah W. Dnryea.-Judgment or
dered for SOS e.