The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-22
THE COURTS.
Liability OF Contractors on
Public Works.
ExHAUSTlNG. APPROPRIATIONS
What a Judge Thinks Of the
Practice.
IMPORTANT ADMIRALTY DECISION


Aaron @ Bright some time since hed . bill In
equity IN the United States Circuit Court against
she Milwaukee and 81. Paul Railroad Company,
praying for an Injunction restraining the de-
PENDANTS from reissuing for ten years from the LIST
OF November 1874 the overdue bonds OF the La
Crosse ana Milwaukee Railroad Company. and from
putting ON the market $4,000. 900 worth OF bonds
secured BY mortgage on the Milwaukee and st.
Paul Railroad Company. The case u on arguments
before Judge Batchford.
James Fertsrman was yesterday held for exam.
nation by United States Commissioner Shields in
the sum Of 1000. charged with passing q counter.
felt $40 bill on the Shoe and Leather Bank.
Messrs. Bearup, Carraher q Co. ola some
plumbing work Tor the New Court House in 1871.
the ball for which II still unpaid. The bill with
interest for three years ana eight months amounts
to $Sle %. Notion was made yesterday morning
before Judge Donohue, In Supreme Court, Cnam-
bers. TO have the facts investigated before .
referee The motion was denied on the ground
BY trial before jury.
LIABILITY OF CONTRACTORS.
In 1871 contract was made with Mr.. Baird BY
the city to construct sewer through I1eth street
1t was what Is designated Grand Trunk sewer,
0xto00luR rom
IN depth. IL viii be remembered that good deal
OF dissa tisfacton was expressed. even to the hole
ing OF an indignation meeting Dy residents Of the
street. only the dilatory progress Of the work.
hut the inconvenience resulting from the prolonged
blockadin o. the sidewalks. Mr.. henry Neidig
entered . more specific complaint IN the matter
he owns TWO brown stone front dwelling houses
on the street, between Third and Fourth avenues,
which he claims were seriously damaged On
Of the Of the
been tried before Judge Lawrence. holding
Granville p. Haws, counsel lor the plaintin, mad
submitted all his testimony. Assistant Corpora
complaint. He urged the dismissal on two
grouncs:-Frst. that the con tractor and not the
sion 10 the Macmillan case by the Supreme Court
General Term no action could lie against the city.
said that We That the Of
Charities and Correction, one Of whose ambulances
ran over and killed Inc husband OF mrs. naximil-
tan, WAS the successors iather, and mad powers
vas decided that the city was not responsible.
emit case came within that runR.
Mr. Dean said that the Croton Aqueduct Board
tractor oid toe work when and how he pleased,
Independent OF the city. Judge Lawrence held
was whe,her the alleged damages were me result
OF the negligence OF the contractor or the Croton
Aqueduct Bard In contracting. Mr.. HAVE con-
tended that BY a clause In she contract the CITY
had IN reality the complete control OF the work.
Judge La wrence SAID that 1t was very clear to
his mind mat, under all the distances, the
contractor alone Was responsible ior whatever
damages might have occurred through any lack
OF proper precaution In the construction OF the
sewer. He therefore granted the motion Tor DIS
mlssal OF the complaint.
EXHAUSTTNC APPROPRIATIONS
In q suit brought BY William Kellogg against
the city for $780, doe for services rendered in the
re mi ainn nj I'm reau m for
trial yesterday, before Judge Lawrence, holding
Supreme Court Circuit, Mr.. Dean, on behalf Of
the city. entered the old stereotyped plea Of ap-
Precipitation exhausted, and upon this moved TO
dismiss the complaint. Mr.. William c. TruIl, the
plaintiffs counsel, stated, In reply. that 1t was
true that the Appropriation was now exhausted,
but that It Was not exhausted ct the time OF the
plaintn's employment by the city. Mr.. Dean
pet Hs nfSstrAted no. fabulous sums might
such claims Is the present one-that Is to say
that II 1000 persons had a ike claim Of $500
500 900 and On the came principle. the city mig &
be compelled to pay OH hundreds OF miihons-
Lawrencs. and then ne wen, on to say that no
doubt errors had been committed IN paving out
MONEYS ,or purpose o0 og wmy@ mere wa no az
Tor other purposes mad been used. II few In
Aictments we're f'und and proper punishment
meted out to o few parties there would be an end
to these frauoa Upon tnis ne denied the motion
forthwith and ordered Judgment Tor the plaant6
for the iull amount OF tue claim.
IMPORTANT TO SEAMEN.
case WAS tried yesterday before Judge Nc
Adam in Part Of the Marine Court, which to
some extent defines the liabilities OF captains and
owners or part owners OF the vessels they COM
mand Tho action Was brought by . seaman
nsmed Henry c. Former against John h Morele.
master and part owner OF the schooner Francis O.
Haiioek, for injuries, by reason OF block falling
on his head. badly cutting and injuring MIN. 1t
was testihed to that the runners rope 70 which
the block WAS attached-was rotten and unsafe I;