New-York tribune., 1867-06-13

charge the demurred that the WIFE not being
resdn of the State could not under the statute OF
divorces The case came up on motion for judgment
for the friyoousness of the demurrer was argued
that the wes residence according TO the common law
rule the residence OF her husband Decision reserved
MIR Dodge for plaintiff; Mr. JOachmssen for defendant
THE CHURCH-ST oPENING-APPEAL FROM THE IAA-
ALTON OF COSTS.
In re the opening Of Churohst
The argument OF the appeal from the taxation OF CosS
in this matter came up IN the Chambers Mr Anderson,
behalf OF the obecors claimed that several OF the
soners were limited by statute to 81 per meeting: that
the Corporation Council having been made the legal ad
costs were illegal that the charge Of $3.50 for drawing
and copying the report was excessive especially IN view
Of the fact that great part of these reports were DaKs
which charged for as separate item 80,
Mr Fullerton, on behalf of the Commissioners argued
reply the and counsel fee proper dis
bursements the very fitness of the lor
that charge for drafting 25c per folio was very
charge for copying quito moderate IN view OF the Sh
price OF living Decision reserved
Before Mr Justice MILLER.
SUIT AGAINST RAILROAD COMPANY TO RECOVER
$4,000.
Robert Milbank agt The SeOonIay Rsroli Company go.
This was an action to recover SlOOW by plalhlIn
from defendants for personal injuries sustaheu py nc
IL appears That on the 9th July 1865, plaintiff who is
a broker was riding III wagon drawn by a span OF
horses on the sccOndave, going north. In the same
wagon friend of plaintiffs. Mr. Cockeln the seCIS
tary of a Petroleum Company. The wagon came in col
lisiOn with cart and some difficulty ensued between the
driver OF the cart and paintin paihun lcaVng Ms
Cockein also got stood the sidewalk IL seems
quite an atcrcaton ensucd between plaintiff and the
cardrver and driver testified that plaintiff cursed
him aud attempted to beat him. Plantln tncn
went back to his wagon and had Just got into INF
COckein remaining the sidewalk-when the horses
started frightened at something, and ran away plant
being thrown out and injured claimed by hn, BABY,
and the wagon being broken TO pieces PiainH alleged
that the cause of accident tho inudicous blow
ing OF the whistle of dummy engine OF defendants'
which frightened the horses. ,,,,,n
The answer denied all the allegations or the plantH,
and defendant claimed that the accident was the direct
result of plaintiffs negligence that the collision Was
caused by the wrongful of plantt IN not gudrg ms
horses TO the right. That he cupaby Negligent IN
leaving his standing alone TO pursue the driver ana
that the startled by him while eenerng he
wagon and not by the whistle which they claim was not
blown at the time the horses started in short that the
accident was the necessary sequence Of the unwaraed
acts and negligence OF plaintiff . ,,.
The first point in the was as TO the immediate
cause the horses alright plaintiff cOntendng that ~
the blowing of the whistle, and the defendant tDat
10 was owing the team beng left standing alone on or
near the railroad track the rens OF the horses lying neg
licently their backs, and that plaintiff, In uenerng
and trying get pOsscSs OF the reinS himself starred
tho horses The evidence conflicting as 10 the
exact time blowing the whistle, the nearncss OF the
dummy the time TO the and a. To the manner
m which plaintiff got into his wagon and attempted TO
get the cns the testimony for the plaintiff being to the
effect that the whistle blown simultaneously WIN
the starting of the horses and blown four times Whe
the testimony for defendant showed that " was DloWh
time previous and only once, ana that the dummy
was then at some distance from the wagon when blown
Jury directed to bring in sealed verdict s
morning 60, ,
John Washburn for plaintiff; Recorder Smith and
John II. P,ltt for defendant.