The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-11
SUPERIOR COURT.
Before Judge Jones.


Ocr. l0.-Noses Dyaytos, oy Guardian w. me Eos
Broadway Dry Dock and Battery Rasiroad Company :
This action to damages for injuries stated
TO have been incurred by plaintiff through the careless.
Of the defendants, whilc the plaintiff riding in
Of their railroad cars the 10th OF January 1885
The defendants denied their liability and pleaded that
the injuries inflicted the plaintiff caused by his
negligence. II appeared from tho evidence OF the
plaintiff that he riding in the car and that he told
the conductor he wanted get out At the corner OF
Scanned street. Tho conductor replied that he was
smart enough to get out himself The car was going
pretty smart at the time, and after II Lad
passed distance beyond Scanned street. the plaintif
went out by the front platform, and In getting Oh the
received compound fracture d the h gh aud leg
be pninG exciaming, ''see what you have done by
not letting me out when wanted to- He taken 70
the Bellevue Hospital and remained there under treat
ment from the 10th OF January the Goth April The
plaintiff who - quite young boy, suffered good DEAL
and, according to the medical evidence, was in critical
condition Tor good while.
Tx Recorder Smith. the part Of the defendants
moved 70 dismiss zoe complaint on the ground that the
plaintiff bad no cause Of action, the INJURIES
produced by his careessness while getting on the
car when IL was In motion.
The Court took the ssnc view, observing that, under
the circumstances presented In the evidence the
could not b. submitted TO the jury. The complaint
accordingly dismissed
Evans a. ~ NJ Hand q vi Gepvge Hand This was
an action for alleged assault and battery The plaintiff
a risger he brings tho action to recover damages
from the aeiehoans WHO arc The master ana the mate
Of the brig America for assault and battery, which he
states committed him by the defendants board
that vessel at pier - East rver the 9th OF August
1869 appears, according 10 the evidence Of the pain
board the America 10 seek for work as q
riggcr. Observing tha, sple driver
In the act Of coming IN with the boom Of
America, he took the liberty n giving the boom push
Ia FROM injury, whereupcn tie defendants rurhed
up 10 him, knocked him down and kicked him on the
side. head back and chest very bad put
his bead Ia consequence Of .sess injuries the psIn.n
vas obliged TO keep his house for ten tweiv days
He alleges that by ~ the assault he present
ers from dizziness In his head and not able " 70
noit - well be used 70 do before the assault The de-
fndADt denied tho assault and pleaded defence that
a. the plaintiff lad Improperly aud witbeu their leave
come Oh board the ship they were jussid 10 removing
him.
The plaintiff and witnesses on his behalf proved tho
general Hcts OF the Of the witness stated that
IN consequence Of the injuries tho penuh received. his
fscs presented the appearance OF piece Of raw beef
up with a revolver in his hand and, presenting At
crowd assembled on the quay said he would shot any
Irish son ola who attempted 70 90 on board his
vessel
The evidence for the plaintiff having closed, the
furth.r hearing OF the WA adjourned I'll this
morning.
before Judge Barbour.
ElssdbTh Why dd~tassvnfrtr, fs, w. Je-sr Pee,
s~pisod This was action 70 forccose two mortgages
on property cf the defendant the corner OF Rving
ton and Ludlow streets Tor 81 100 and The other for
deceased, and the planud, the admin siratrix OF
Charles Hopper claims and interest from tie 1st
Of september 1890 All The defendants except James
Fee allowed Judgment 70 PAS BY default The defend
Auoum claimed due and further that 90 the 2'ih
Of June last be rendered the plaintiff g. 1856 Is
In FULL for the amount due, and that she rc-
Of ssch tender tho lien OF the MORTGAGE was
removed Tie occupied the court during the
whole dsv on lsesdAv. and today. on the case being