New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-04
BROOKLYN CITY COURT-J.S. 2.-Beforc Judge CvLvE
DECISIONS.

BROOKLYN CITY COURT-J.S. A-Before Judge Culver.
DECISIONS.
Charles o. Lincoln sgt. Jesse 5. Smith.-Case
WIN. s. Lyon agt The City of Brooklyn and Elisha
w HenmsJudguen for plaintiff ovenulius demurrer with
defendants to withdraw and a~e1 On payment u
costs.
Catharine A Thomas, by her next friend, ag.. John
Mona-Ordered s b. granted of costs
OF former trial and costs of opposing motion
Geo. W. Wood agt Noah W. Duryee.-Moon to
aside complaint denied with 10 oos's to Plaintiff to abide
Catharinc Darby by her next friend, agt. Patrick
CashanDetrndsnt' motion Tor new trial denied without
Sarah Binser AFT. VIM. A. Con.-Motion for fur
ther bill denied without costs plaintiffs serving scopy of her
neglect to serve sans In Eve days be precudsd
Alfred Gray agt. William johnson and others.-The
motion to de the verdict and for new trial must be denied
The following opinion IN this case was delivered:
seca Us Of the Code The action by the father
ages by reason Of the death child years old
C a 5y and tS wan drowned in an ce reoD
The of the lot nessenee Of The defendant, and the
and should be disturbed Tho only point worthy q oon-d
Grafton on III: motion l. the d the P@ 0, sTw
whether the child being technical trespesse an action can
there il class OF eases originating in the country,
where streets wis, fannIsnd. extensive and play
not maintain an sction. Il Cowsn r. 10 and cs.es.)
But have been referred TO no case by counsel nor 90 beese
any be found applying this doctrine city lots Res
estate here is cut up into small subdiysioss Houses
each
eeys thoroughips Streets thronsed with vehicles
rendering unsafe for foot especially children, TO
them Sidewalks become These sidewalks
direct conguy with lots and II these lots be and
unincoscd especially tagging stones have been laid es In
this case there will b. constant liability the part OF those
having the invisible line between streets and lots. Leaving
unincosed with pitfalls wells
cer could neither b. deemed prudent The
in this also lot aud the evidence shows
that path extent ussd running dgoDaly
the lot and very the open ce Children also played
this other lots The defendant occasion
Children locking down into this c,ru and haong therein, and
ord red them away II proved tina, defendant considered Il
unsafe and covered over; that the covering removed,
h. enclosure around the lot the ctn after the
FIRE having In that condition three four months Ii
that the child had knowledge OF this cer
the father testified that be- himself did know Of it until his
child drowned am not prepared, therefore 10 that
permitting this boy play the sidewalks with others, upon
uinosed lots in direct proximity with these sidewalks that
he child passing playing upon these open premises
was guilty Of such negligence would deprive the father Of his
reh damages for the death Of his child The father In the
absence Of any knowledge Of the fact had To presume
there shares pitfalls open wells esspooli cistens on
city lot at the Of two public streets The child was
young exercise much judgment about the matter
The negligence Of the Defendants and that of the Plaintiff
well that Of the child, all fairly submitted TO the jury
They found that plaintiff allowed his child TO play where
Other prudent parents in cities allow their children TO play and
that child upon and passed vacant lots as the chill
dren prudent parents do not disposed TO gnnssy their
finding The motion 10 t aside the verdict and for new ts
musi be denied but without costs