The New York herald., 1874-12-10
SUPERIOR CoURT-eEHERAL TERM.

OeclSlOuS upon Eases argued
By Judges Monel Freedman. Speir and Van Worst.
A large batch OF decisions OF cases argued at the
last term was submitted yesterday, accompanied
by opinions In all the more important cases. The
Court meantime did good thing In directing that
the opinions remain In the court room until after
the adjournment OF the Court--an order directed
against the Official reporters, no have been In the
habit Of gobbling them mp Immediately ON pre-.
sentation, and thus preventing the newspaper re-
below the points ol the more important cases.
Suit Against . Railroad C0mpa
Mrs. Elizabeth Sammon brought suit against the
New York and Harlem Railroad Company for DAM
ages, on account OF the death OF her husband. The
deceased was In the employ Of tine company at the
time OF his death, having charge OF cnain across
Ffty-second street. Through displacement OF q
switch a train collided with some empty cars
standing on . side track. These were put sud.
denly in notion ana the deceased was found lying
near the side track crusned and In dying condi-
Jlon. Motion was made to dismiss the case ON the
ground Of contributlve negligence. TINS was de-
Ws ane s
decision OF this Court on the case and exceptions.
Judge Van Worst, IN giving the opinion OF the
Court, holds tnat inasmuch as the switch, through
whose displacement tie cars were thrown on the
track, was two BLOCKS distant from the assigned
post OF duty OF the deceased, and there being no
evidence TO show that there was any thing to call
him from hls post OF duty, that MS death was the
result Of contrlbutlve negligence. The motion
HepI rendered for the Defendants,
Liabilities Of Contractors.
While the Bennett Building, corner Nassau
street. was in process Of erection william Ii. Gar.
dener in passing on the sidewalk underneath, was
hit BY q falling brick and severely injured. He
brought suit against the owner OF the building to
recover damages. 1t was shown on the trial that
the building was erected under contract. The
complaint was dismissed and an appeal taken to
this Court the dismissal oftne complaint being on
the ground that the contractor and not the
owner was liable. ThIs DECISION Is now affirmed,
Chief Justice Mcneil writing an elaborate opinion
IN the matter. In the course 0i his opinion the
Chief Justice savs:-"I do not discover that this
case can be taken out ol the principle so forciby
settled by BlacE vs.. Ferris Is N. Y. r., 4S). the
any IL was OF the CONTRACTORS or or per-
sons EN- ployed by the N or some OF them There
lore the Immediate employer OF the servant or
agent through whose negligence the injury oc-
Cured is responsible,n Judgment below af1rmed
with COSTS
Liabilities OF Gas Compa nies.
A Judgment for So, 600 was obtained by Elizabeth
Money against the Metropolitan Gas Company for
wrongiully cutting on her gas. From this Judg-
mept an appeal was taken TO the Superior Court
General Term, which rendered, yesterday, It's de.
cision In the case. Chief Justice Mcneil writing
the opinion OF tne Court. The plaintiff kept o
boarding house. and from the 25th OF August, 1871,
she was supplied regularly with gas until the 7th
OF october, wnen, on dispute arising about an
unpaid bin, the defendants cut on the gas. The
verdict was Tor loss in ner business. Il was
claimed by the gas company that the plalnti1 was
In arrears for iormer Dill. This was denied, the
counter allegation being that her husband was in
possession oil the house when the disputed bill was
incurred. The Court held that the right to shut
mer occupants. As to the damages however, 1t Is
held tnat tney are too remote TO be sustained on
an action On the contract itself and on the latter
ground the Judgment was reversed.
The Adams Express Company Suit,
In the old suit OF Mcguire and others against
Adams Express Company, which has already been
tried three times and been twice before the Court
or Appeals, decision was rendered yesterday by
the superior Court, General Term. Mcguire, Cue
kin Co. shipped package by Adams Express
Company TO Memphis, Tenn, which 1T Is alleged
has never been delivered. The judgment and or
costs.