New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-08
Bir Justice
SUPREME C0URT-CRcUIT-Sov before Mr Justice
MULLEN
A QUESTION ABOUT WARRANTY.

Chas w Spaulding sgt Chas p. Bronson
Plaintiff alleges that at defendants request he fur,
nshed him with an Etna Heater and other heating and
cooking apparatus at expense Of $3.50 In cash. and that ~
was subsequently, asIs"d that these things should be escns5s
became indebted 70 Pninf IN che amount OF sJ' % Tor
The answer il th heating and cooking apparatus was
warranted by plaintiff to give sa"acton ana thal ~ ana hG
and expense and defendant therefore brings counter claim Of
The plaintiff and defendant both testified and their est
warrant the apparatus bh referred defendant to parties who
who plaintiff 5 agent. did warrant it, A.. A..
After the jury had retired and been out short time hsy
the Foreman informed the Court that ono Of their number
German refused TO vote assigning as rason ms o.
missed and the Remaining eleven jurors retired and soon after
j IL H. PincknNy .or plaintiff Bcn Butler for defendant
Before Mr Justice j. f. BARSARD.
THE JUMRL WILL CASE.
Nelson Chase and others agt. Smith and others
This postponed until tomorrow At 10 o'clock the
day bong occupied swearing in large Pannel Of jurors
SUPERIOR CoURT-TEIAL TRn.-Soy 7. Before Jus
uce barbour
A SUIT POR THE KILLING or A cHLD-THR LAW OF
NEGLIGENCE.
William Beck administrator &c, ACT The East Ryery fery
Company.
The plaintiffs son run over while IN boat on
the 2ih Of May 1896 by the ferry boat Suffolk County and
drowned The boy about Is years old when drowned IL
coming from Brooklyn and had almost reached the
shore between Fifteenth and sixteenth ats and had
turned up against ing tide Beck sitting tho bow and Nc
Lane at he oars and third steering when Beck the
steamboat close upon them and leped into ihe waer Inc
swung by the tide tie bow Of the boat came In collision
wheel struck the boat smlshPs upsctting the boat Inc
other boys saved but Beck was drowned Ihere
were some DISCREPANCIES testimony minor points
The bows claim s thew AID not SEQ the boat coming ill she
within few feet 81 them ard could not see her al any
great distance owing TO the vessels lying al the wharf al
Twelfth a. they being cose the shore Two Of tho plain
testified that board the vessel shouted
boys jump and that Beck swan bohnd heLane
nearly where MoIaae grasPed plank thrown TO him. 10
The boy father testified that the boy was going TO the ErcO
Academy and vhen not assisted him At his factory.
Defenasn, asked for dismissal Of the complaint on ,ss
negligence Of the defendant ssd the want Of contributing neg
injured party neither OF which counsel contend
cd hsn been e con,ended that the going cut Of
The boys in The Eas Rye. vas neggence lie ssed also
In his but the contrary had been at constant expense
about him.
The evidence sufficient justify the jury In finding that there
negligence and there that In this case The plaintiff IS
but he having nearly reached The age whom his education DO
ing finished he might l. expected to contribute 70 the %
whether TSa ,hi, wa: no, case o. PecSnary inI~!
PAEr IL-Hefore Justice JOINS.
THE LAWS OF SALES BY SAMPLE.
John H. Williams et al agt Jeremiah Delaney
The plaintiff in this alleges that he purchased 10 bales OF
cotton from the defendant from sample shown TO him On
the receipt tho cotton found TO be In damaged
dton called in technical phrase used by cotton dealers
dried which reduced its market value 10 such
that he lost $50 the transaction for which sum he
The defendant alleges that the sample shown to the pana
tho bale and that when the plaintiff asked him
II good condition hc replied that he would
for it that there sample he could Judge for
himself The plaintiff claims that the sample shown him
different from that delivered that the samples shown
him rcbaled cotton which should be sound cotton
though might OF different kinds The turned In great
measure meaning Of ebaed cotton the defendant
claiming that included wet and dried cotton but chiefly
as 10 whether the cotton up TO sample
The jury found both points for the pantif and gave him
G. Bainbrdgo Smith for plaintiff W. Parsons for defend
ant
SPEcIAL TERN-Before Justice MCNEIL
DECISIONS.
Henry BertOn agt Peter Lang Joseph Luieke agt The
Campagno Transantque Jas Moran agt Jacob Capeater
Henry d. BroOkham agt Bent I. Mocalf motions granted
Addison c. Fletcher ag Luther C. Tbbetts motion denied
with $40 costs Moses Srasbuge agt The West Union Tel
Co. inteuDgatores settled August Schleoht egt FRANCOIS
Barker; motion granted