New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-11
CIVIL COURTS.

SUPERIOR COURT-TRIAL TRIoL-DEc. i0-Defore JuItice
MCNEIL.
CITY RAILROAD AccInENTs-wHAT WILL EXCUSE A'BAIL-
Road COMPANY PROM DAMAGE.
Michael sehEieier an infant BY his e9sa Sg The Forty
This was an action brought by boy,0f about Ia
years OF age tOO damages by Of being
run over b one OF defendants cars On sunday serno2n
thigh by Of The injury sustained and his night foot was
permanently disabled The plaintiff swore that the car wos
very much crowded at the time that be passenger send
ing the front platform, which alsoCcry much crowded
that he repeatedly rsked the driver 70 stop at inc corner OF
Thrcenht and A. and when he arrived at that point
be got down lower step Of the front platform IN e1peca
ton Aa the driver would stop and he would 50 be ready 70 g
Of stepping back the platform when he slipped and e back
ward legs going under the car anh being run 9.er W Dom
wheels Other proof was given corroboratve Of this state
ment ,,,
AT of plaintiffs proofs tho counsel for defendants
moved for dismissal OF the complaint on the grounds that de-
fendantshad not been shown guilty OF any peghgenee and
tiff contributing to the accident the injury would not have
happened m,,.. a.,
jury aud denied the notion and defendants counsel excepted
Defendants then introduced evidence TO show tha the plat
form was not crowded. that the driver not asked to stop
and that the plaintiff Jumped of while the car was In motion
and suffered the injury At the close OF the proofs the mo
ton for dismissal repeated the additional ground that
the preponderanee Of evidence In favor OF defendants was 80
great ahe Court would DO bound 10 set aside any VsIdle III
The Court granted the this Inter ground and the
Ean and Gross for plaintiff Moses Ely for defendants
SPECIAL TERN.-Before Chief Justice ROBERTSON.
DECISIONS.
Isabella Howell John Kelly bherlH Hc
Bank ag Thomas j. BarT.-Aotion granted Francis A:
Coghan ag Theodore Saltus ct alInterOgatoes setted
and commission Issued Samuel sehuester ct al eg Henry
DISQUALIFICATION extra allowance OF SIS granted Hiram
Robbins ct al agtsS Foster Dewey ct dBsnd'approved
John A. Cooke agt John A. CoeOrder Of arrest vacated
with enc costs defendant discharged from arrest William
Henderson ag William H. Gebhard ct ali David Moral ct al
agt Simon M SmpsOn-Mo0ns granted George the Count
Joannes agt Horace H. Day-MOton denied with 10
SUPREME COURT-CHAMBERs-D lo-Befors Mr.. Jus.
tice SUTHERLAND
BRTY OF THR CITSzEN.
In re Vim. r. Babcock
The facts presented by the papers in this case are in
great part familiar TO the readers Of this paper Mr. Babcock
was indicted in the Court Of General Sessions BY the Grand
States bonds stolen from Mr. Lord which bonds given by
Mr. Babcock his broker sold To- Jay Cooke Co.. by them
Al The time of this indictment Babcoh was absent tenn.
poray Rhode Island but hearing that his broker was In
eroub about the bonds returned 70 the city when he
rested He then dewanded an examination snddhe eIamn.
alton bad before Judge bowling In DISCRIMINATING
GD S SS a Ss aSd U %
oD on the evening Of the arrest between himself and the prs
In which the prisoner stated that be got the bonds from
morning the prisoner stateo Elm that be got the bonds from
II TkS Justice Committed MIN without BAN and immediately
after the list Of December Mr. Justice Sutherland granted
writ Of habeas ccpu which came up for Argument yeser.
day On the "a OF December instant tbs DiscAtorney
applied TO the Court Of General Sessions ard the prisoner
committed again without ball The return 10 the fret writ set
u the frs commitment and the warden aterwsrd lied sup
On TIE Argument yesterday Mr. Graham for he petitioner
sIse That this second % n was mere sIS en- s
this commitment had been made the mere pay motion OF
s ~ I Si s ne S JS.o sn0 That
Judge DOwinss commitment was ultra trs the case having
teen merely referred 10 him 10 take testimony.
punishment By hopeless before trial o. the citizen
aud was therefore question OF the highest importance that
lfSGa u u w RsYisd stssut'I 0Eigaavy Rsi's P'vssa