The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-03
CURT Of APPEALS.
Action tor Loss OF Life Against the Hudson
River Railroad COMPANY.
Before Fu.l Bench.


N Before Full Bench.
Michael 0'AGr1. administrator ~ Thos. O'MGra,
Deceased. Respondent Us. The Hufsoa Rtuer Rafirond
C0napanv.--This was an appeal from order OF tie
Supreme Court refusing to set aside verdict IN
favor OF the plaintiff for $1,000 anG for trial.
The action was for damages for the supposed
negligent killing OF son OF the plaintiff, on April
IL, 1868, at railroad crossing In East Albany. The
accident took place at DauIns crossing which Is
over Second avenue public thoroughiare At that
place. the boy, who was eleven years Old, was on
an errand for some beer for his father who Is IA.
boring man. and was killed by an engine called the
Zones" as ne was crossing the railroad track.
For the appellant 1t was contended that there were
proofs OF neg igence their part; that the bell
OF the engine hid been rung as II approached the
crossing, aud that all needful warning had been
given: that there was naQman at his proper post;
and that whether this raginan waved his nag or not
was iminateriaI as 1t would not be seen, owing 10
track beng in the way 1t was also contended that
there was nothing TO show that the services OF
child only eleven Years old were OF any pecuniary
value TO the plaintiiI Decision reserved.
Action for Damages for Loss of Life Against
tho New York and Harlem Railroad Conn
pnny.
Elizabeth Gonzales, ADMINISTRATIVE and Plaintiff
RESPONDENT, IS. The Ne,o York and Harlem Raj
road Company, Defendant and Appeiiont.--The
husband OF paintiT was killed on November is,
1854, at the sutton Mt West Mount Vernon. When
the train was approaching the station and before 1t
reached the platform Gonzales jumped or and was
run over and killed by an express train coming In
an opposite direction. Judgment in her
favor, the jury giving her verdict for
damages, and from this the company appealed.
For the appellants it was argued that they had pro-
vfded sale landing place for the travellers and That
by his own negligence in leaving the cars before
their arrival AZ the platform the deceased took the
responsibility OF looking out for himself.
Decision reserved.
Landlord and Tenant.
Ed,card 1attheacs, appellant and Plaintiff IN Err.
r0T. Us. Sydney d. Roberts, Repspondaat and
DeJendoaf Ia Error.
There was also another case--The People ex rel
g. u. Roberts, respondent. Edward Matthews,
appellant, and Edward Matthews, plaintiff In error,
VS.. The People, rel. 5. ID. Roberts defendants In
error, which was made part OF the first case
Mr.. Roberts, IN 1862 hired the premises so Broad
way OF K. l.. Cutting, the owner. In writ
ten lease which expired IN May, 1854 In
April the premises were sold to Matthews
Roberts did not vacate the premises when
his lease EXPIRED when proceedings were
taken against him US tenant holding over ana q
warrant OF dsposscsslon entered The pro-
ceedngs yesterday were on appeal to review judg-
ment OF the supreme Court, wherein judgment ren-
dered by aJust.ce OF First District Court was de-
ciared void.
The case IL stu on.
The Court Calendar for to-day is as foows:-Pre-
ferre1 casesSos. IS 20 ~. IS 81 81, %, "A, S. 49,
81. 30 and 50. General Calcndar-Nos AZ and "a.
SUPREME C0uaT-CHAM3E6S.