New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-09
THE COURTS.
A SERIES OF DECISIONS.

APPEALED CASES DECIDED BY THE SUPREME COURT
Several decisions in appealed cases were
rendered the Supreme Court General Term, yester
day. Among them the case Of Israel r. Dale, re-
spondent, against the Brooklyn City, Hunters Point
and Prospect Park Railroad Company, appellant, in
which damages in $500 recovered in the Court be-
low for an accident which happened during a stormy
December night. According to the testimony OF the
plaintiff his wife, and his first witness, the car OF the
Company stopped the street. and the plaintiff having
hold OF the handle, with foot upon the step,
either in the Of assisting his wife
to 20 in, about to do so himself,
when the car lstarted pulled him along with his hand
still the handle for eight or ten feet when he was
struck aud injured by another approaching in the
opposite direction. The jury found in the plaintiffs
favor and the appeal OF the Company was founded on
claim OF excessive damages, and among other things,
upon the refusal Of the Court charge certain PROPOSE
tons The General Term holds that the Court below could
not lawfully have charged propositions which would
make 1t negligent for the plaintiff TO approach and at
tempt to enter the the side between the tracks for
according the Of the this was for
the jury decide since there testimony also that the
plaintiff had been prevented from attending 10 MS Ds-
ness by the injuries produced by the collision
IL the plaintiffs duty to look for the approaching
car because he stated he substantially IN that
dangerous position by the invitation OF the conductor
implied by his stopping the to walt for hin that
there nothing In the case from which the Verdct
could be neld TO be excessive Judgment aud order
denying ne trial affirmed with costs
Tho OF James g. Watson, respondent, against
Elizabeth Watson, appellant, appeal from an
order VI the Court at Special Term denying the notion
OF the defendant 10 set aside judgment OF divorce en-
vorce, died in tho Fan OF 1872, nestIte, and his wife
made her motion upon the service Of papers upon MS
administrator the grounds being fraud and rreguarty
The Court Is Of the opinion that RELIEF for the defendant
simply to the administrator OF the estate
The administrator has no power to consent 70
the setting ASIDE OF the Judgment The Court
concludes We cannot avoid the conclusion that tho
motion properly denied. An action IN tue nature
OF q bill OF review bringing before the Court all the
heirs law and persons interested IN the real estate
left by the decedent and sucl persons may have
taken cOnvcyances thereof subsequent to the Decree a.
well his representatives, seems 10 us the only mode
IN which the relief sought can properly Dc obtained
order affirmed.
Another case was that OF Thomas c. Shepherd, who
had been divorced from hs wife Jeanette j. Shepherd,
and ordered TO pay her 5000 year aimony on learn
ing that she had married again, nc applied TO the Court
for modification dscOutuuance OF the order rs To
amony, the ground that the duty OF supporting her
deyOlyed another man. The motion was denied,
and appeal made 10 the General Term or the Sd
The Court decides tnat the COntlnu
ance Of the almOny does not depend on whether the
wife marres again not tho statute secures the wfc
such night marry again where she is tue IN
nOCcnt party and does not, even by Implication, Deprive
her OF the aimOny Her marriage again Is no suhcent
for IHOdi alton OF the decree, the husbands
circumstances as to property remaining unaiteTed.
The suit OF Rodman NJ. Price against Erasmus ID.
Reyes and Edmund scott Is which has been long
before the courts. The plaintiff oDtalned verdict
Gen. Reyes and Mr.. Scott for alleged wrongful
sale 10 lots his property San Francisco, In which
sale they acted his agents but sold the property as
he claimed, considerably below Its value namely, at
$4,000 Defendants appealed for new tial aud tue
Court denied tue motion and ordered judgment Tor the
plaintiff on the verdict.