New-York daily tribune., 1858-08-17

sUTEEaE COURT-CHAMBERs-Aue 16.-Before Judge
n Peorle of the s.ste Of New York sg s;epben II Branch
VIII of error was granted this morning in the cass
ef Stephen H. Branch returnsble next Monday before
tie General Term. This viii bring the whole case be
fore the Supreme Court.
The order 10 show cause why George p. Edgar, the
atcr Of The Way Of Life sho1i Dot be discharged ret1rnae
morning ourred til Friday neN counsel fo psHn
Augustus Limberger sued out a writ Of hsbsss
eorpas morning directed to Col Harris Comaoee
7ss ..sS e s. sG ss S S.5 5 Ii q:
three ys.s and ths at The time Of bis ent%en' @ man
.h: h to 10 ss Ss nsa Of e eG bS S2 went sss
AID his few months back to9t ont swrt
So: oa af the witt be
wax paid and out the wnt. His Honor hed thst
Es sol5rt.y remained IN u s Navy sie he became Of
sst. The writ was dismissed
AcCIDErT At THE ATLANTIC GARDENS.
Before Cn,RLEs STUART, eco, Referee.
Winism Fernando. an infant, ast- chsrI.s MccsY.
Mr. W. Howe who appeared a. &C., aTr h' tns
s infant under the age Of years and tnar ne vyea
propeor Of the Atlantic Pleasure Gardens situate in
BOadwsy IN this city and ths, ih: s, va, Instituted = re-
Sy the psi16 under the following circumstances;
On TIE 18th Of Jay @ the unfortunate infant m q Sne
an playing therein when large and
placed % srS:; Sf S s 81 Ss Ssns n
seny .pd csIees.y by defendant left standing upright in
e: ;sd SsisD sas 6ss bit I' Sons and on hun
rtb.r i1 iuIies Of q severe character. -.
The or little sufferer immediately conveyed 10 the CITY
Hosrs where the fractured limb promptly set oy "
ahrsay and owing injuries the child conhued u
his bed ip one Of the wards of the Hospital.
The defendant had been duly served with the summons Ao
action but bad not thought proper 70 put IN sy
snswer thereto whereupoD the Hon. Judge Cleric oil the su
eue Court ordered the present reference 10 assess e pSnon
damages , 49,, ,.,.,. A. t,,, A., r. -.
would be shn admitted and he should therefore content h
self by calling .,c . e,,. ~
the 18th July Rescen; House Surgeon al the New
Yorh Hospital attended the plaintf his admission 10 N,
Hospta on that day He bad broken thigh which set Snc
20 Which applied the usual medical tresmeu The chud mus
nave been In ies pain but the fracture not very severe H
. be able the Hospital in about soDhs Time TO th'
Aest Of my Judgment ,,.,s 49,, ,,o.o, >,
tsnf the plaintiff the Hospital Oh his receiving the injury
the Gardens the plaintiff years OF age an poor wa
MI Howe then addressed the Referee and urged that AthSds
upop this evidence could not for snyhing sppfosn
e dsrnsses laid the complaint yet oonderne he psnn
from his station life dependent on those mbs whcn uo
Ia syen him his support and BY this accident
Nv the defendants neggencel bad most certainly ho one "
ensd for % would submit the plaintiff entitled 70 sur
tat damages due consideration being had to the suffering
he bad undergone ,,,., -,
HIS Honor the Referee said that considering al the oroun
stances Of the case the stated the complaint mus
h sien As proved through the defendant not aPPesnns
thought the sum Of 200 would be fair And u.i between
parties.
Award for 500 and costs.