The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-24
THE COURTS.
City Railroad Companies Not Liable for the
Malicious Acts of the Drivers.
RESPONSIBILITIES OF ROUNDSMEN.
Important Verdict Against a Rail-
road Company.
THE MANSFIELD-FISK SUIT.

Edwin II. Bennett alias william n. Watson,
lately doing business In Boston, was yesterday ar
rested and brought before Commissioner Shields.
who held him in 50, 900 ball Tor examination on
CHARGE OF II audulent bankruptcy.
Judge Snipman yesterday opened the Appeal
Term of the United States Circuit Court OF the
Southern District, the calendar OF cases was
called and the Court adjourned till this morning
In the matter Of the guardianship or Kato NJ.
Bhepherd testimony as to the appointments OF an
executor was taken before Surrogate Hutchlngs
and the case adjourned.
In the suit Of Barnes against Di VISA, which
was brought against the latter as stockholder in
she Reveilie Silver Mining Company, a motion
was made yesterday before Judge Donohue In
Supreme Court, Chambers to revive the action,
the defendant being recently deceased, against
hts personal representatives. The motion was
yranted on nling security for costs.
Judge LarremOrc, OF the Court OF Common Pleas,
having taken such prompt action In directing =
few days since the tearing down or some unsafe
buildings and rendering others sale Is likely ap.
parenty to have his hands full OF this kind OF bust
ness. The buildings Nos 307 East Fifty fifth street
and 479 Canal street having been reported to him
unsafe, he gave an order yesterday to have the
facts IN each thoroughly examined into by ref
cree. II this double vigilance IN the way OF com.
plants and prompt judicial action continues, the
safety OF human life Will be specially guaranteed
against any lurther disasters from unsa!e build
ngs.
Josie Mansfield got Judgment for SOS, 100
against Lucy D. Fisk, administrative OF the estate
Of Colonel James Fisk. Jr., on two promissory
notes given to her by Colonel FISK. 1t Is one
thing to get judgment and another thing to get
the money. Motion was made yesterday before
Judge Van Brunt, holding Special Term, Supreme
for a no ~ trtA m n Orr nd nj No or
covered evidence. 1t Is claimed that the money
derived from the sale of bonds tor which the note
Of SIG, 0C0 was given was applied by Colonel Fisk
TO the purchase Of a house for Miss Mansfield in
Twenty.third street. Judge Van Brunt took the
papers, reservtng his decision.
In the suit brought by Hannah Hack against
the owners OF the yacht Rambler Tor damages ON
account OF the death OF her husband through be-
ing nit by wad from cannon on board OF the
yacht while firing salute. the facts OF which have
been fully published, motion was made yester-
day before Judge Robinson, OF the Court Of Com
mon Pleas, where the CASE is being tried, for dis
missal OF the complaint. The motion was denied
and the trial will be continued to-day, and Will
probably occupy day or two.
Several motions were made yesterday before
Judge Mcneil, Of the Superior Court to dismiss the
complaint in the suit brought by the Odells. as
heretofore reported to recover damages on ac-
count OF the horses attached to their carriage
taking fright from seeing pile Of nagstones In the
street and running away. Against Williamson, one
OF the defendants, 1t was held that there was not
sufficient evidence 10 bsiantare any ground for
damages against MIN, but on taking further testi-
mony the Court thought otherwise, and the trial
will proceed to-day as against the original defend
ants.
RIGHTS TO THE PUBLIC HIGHWAY.
Jacob Cohen, In April, 1872 was driving light
wagon, having ,rlend with him, across East
Broadway and Catherine street, on his way TO the
Cathartne street Terry. The latter street was
blocEaded with vehicles, compelling Mr.. Cohen to
bring his conveyance to a standstill IN doing
which the hind wheels stood upon the track OF
the Dry Dock, East Broadway and Battery Rail-
road Company. The driver OF car rold MIR.
cohen TO get out OF the way or he would run into
him. Mr.. Cohen said he could not get out OF the
way until the wagons anead OF HIM moved away
Letting up his brake, and It being a down grade
the Car driver started up his horses running the
car against Mr.. Cohen's buggy. Tue result was
that the buggy was upset, and there was almost
realization OF the old nursery legend:-
And broke his crown,
And Jim came tumbing after.
The fact was Mr.. Cohen was seriously hurt. say
Ing morning OF the damage to his Vehicle lie
brought suit against the railroad company Tor
S., co., and the case came TO trial yesterday before
Chief Justice Mcneil. In the Superior Court. Alter
the testimony Tor the plantir mad been submitted
setting forth the facts stated above, motion was
made 10 dismiss the complaint. The motion was
urged on the ground that the car driver was not
the discharge OF his duty at the time; that while
the railroad company mad Il right to cause the re-
moval Of any obstacle In the way OF the cars, no
power delegated to the driver to exercise TINS
rght in violent way, and that therefore the
driver, not the company was liable. Judge Mcneil
took this view OF the matter, and granted the mo-
zion 0lsmssng the case.