New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-15
COURT OF COMMON PLEAs-JAS. 14-Before Judge
CARDOZO.
NOBODY TO BLAME

John Peer s The Broadway Seventh Railroad Company and
the Nin,have Rsioad Company.
The evidence for the plaintiff in the case showed
that he was porter in the store Of Earl Douglass Co.
S nor On the 10th day of October 1866 got the top OF
Ninthave cnr and sat there with his legs hanging over
the side that when the on the curve turning
from West broadway into Canal 1t was run INTO py
Broadway and seventhaye ear ~ reason Oh dhe is
between the and very badly Injured hier INC ease
Of the plaintiff closed counsel Gp g ibe cempan on
the ground that the plaintiff was guuty OF cOhttpuI9g
negligence by sitting with his legs hanging over ne sue
OF the car aud the counsel for the Nintiaye Kairoau
FIRST For the plaintiff sat with his legs hanging Ing
negligence that contributed to MS own INJURY an1
t lSes Y hal the driver the Sthave Company
was not to blame. Third: That the PROOF Is tiht the
been and there T. evidence that the car Of TINS Cop
pany or the driver, the horse, injured inc pah III
any way, that the driver could nave prevented tue ac
After the argument OF counsel the Court dismissed the
complaint aEannt both defendants Kaufman, FRANK
Wiicoxson FOR plaintiff, and Messrs Ashmead waite
for the Nntnave F1'lroad Company ana hessrs hoDll
SON scribner & James NJ Smith for the broadway ana
'''0"'"' ~ CmasBEas-Before Judge BRADY.
The ATLANTIC COAST MAIL STEAMSHIP CO.'S TRoUBtfs-
srIT IN THIS COURT WTTHDRAwN-A NEW SUIT COM
MENCED IN THE sUPRRME COURT. 80
Coast Man Steamship Company came Up for argument
yesterday pursuant 10 adjournment IAJudge hHt1n,
necessity OF maintaining restraint the Board OF Di-
rectors by Injunction, In behalf Of his client who Is
II
with his client represented majority OF the STOCK,
$4,000 he had concluded 10 withdraw this suit ana Degn
another I'm which the interests Of the sockhodcrs should
be particularly presented for the purpose Of restraining
the Board Of Directors from wasting the property or he
Company by their proposed method OF managing i'S AZ
fairs. -, -. A..
may be- entertained whether this Court possesses To
fun extent the supreme Court ihe pcwes over
the old Court 81 Chnacey he had 70 avoid any question
on this point instituted the fuit In the supreme
Court and ~ II emhaiasses every question VIZ .ase
sents M addition the founded on the rights OF ue
general stockholders II seemed 10 him unnecessary 10
continue thi, suit further lie therefore withdrew the
case 10 seek his remedy in the other action
EN,Judg, Hilton for plaintiff s. T. Nash for defendahs
SPECIAL TLRAi-Bcforu Judge CADozo.
DECISIONS.
Cotton ogt Raymond-Notice must DO gwen 10 uo-
Lorriiard agt Fitzgerald, Barnard ast sie!lhcimcr-
UenJsr.on aet. Ulblard-o Order settled
kennedy agt. Bradley Findings settled.
Iovc pgi Tootlnkcr-D, Demurrer oyorulcd, with leave
to the defendant 90 m % days, upon pay mont OF
costs of one ~ the demurrer.
Arson agt Motkc.-see memorandum.
MARINE COUET-JAv. iI-Bsforc Judge HfuiSE
Al EN-CANDIpAIE FOH GOVERNOR OF hAssACHu-
sETrs srEs a BROADWAY sALoON-IEErEH FOR
rhsoior, n ssse,,,r 81, Wait s. wI.hrd
The plantin who was the last Democratic candi-
date FOR Coytru,F Of Massachusetts defendant Who
keeps nn extensive saloon at No ~ Broadway Tor cgal
eerVIces rendered for HIM IN Mhs-achu'tts some i1u
years ago The defendant pleads payment uhn testItu
hnt plautlff Ia bis place ut Lowell Mass, Wheie
the defendant kept liquor salOOn and that he ttn pd
the plaintiff an fun his services lie was cuTrobofaed
The plaintiff testified In tebutth that ne never was IN
The plaintiffs saloon, ana never received hytmig IuF
his LEGAL ssrycez II further appeared That the dcIeId
ant bad been prosecuted IN Massachusetts, unccf the
Maine Liquor law and that the Paihtf defended hiiA
Decision reserved. ,,