The New York herald., 1876-01-28

on che plaintiffs opening. the Court dismissed the
complaint the ground that under The ac OF 1909 oon
tracts Tor brilgng the hriem River were forbidden 70
De made without he concurrence OF the Department OF
Parks and that IN The present suit such concur
rencc not shogn
Tho jury were unable 10 aFrco IN the suit OF Max
sweitker Against the fhird Avenue Railroad Company,
and yesterday morning Judge Van Brunt ordered Their
sustained ~ was alleged by being pushed on tho plat
form Of a crowded car Il stated that the jury
stood or ths plaintiff and three the defendant
psinilas counsel 70 have sGs eass speedily retired
Ia ths case of the United ststos against Thomas
ted BY tnted states Commissioner Osborn for extra
diton 20 England on a charge Of Assanitng az ohccr
Of he said shp with intent 20 ki Judge Bla.chiord
OF the United states District Court granted yesterday
Wrs of hnbcas corpus certiorari application OF
A. H. furdy, counsel for prisoner. rcturnable TO NOR
row on grounds Of Dsufnceney Of evidence OF the IN
some considerable time was occupied yesterday in
the supreme Court General Term. IN the argument on
appeal 0 the OF Harriet Glover against the CITY
Mrs Glover, viii b. remembered vas next Of KIN
90 Nathan Appcli0u Lee who died IN 1888 and succeed
ing whose death, Mr. bradford the then Pubic Admns
traitor, took possession Of his estate. man named
Arthur H. Bently pretended 20 have claim amounting
TO $4,000 against The estate and an order OF the
Surrogate sham defence only having eeen interposci
by Bradford. obtained sit6s6 ~ Both Bradford and
Bently having abscOuded, this suit was brought against
the city 10 recover the amount paid the surroSate
order The Court took the papers and reserved ts de-
cisi5n.
Pleas precisely similar Ia its legal aspect 10 the
tried IA the Court the day previous the ful
facts OF which were published IN yesterday hERALn
In the yesterday James W. Morgan asked $40 600
damages on account OF injuries sustained, ~ no
alleged, through a truck coiding with the car on
which he was passenger he standing al The time ON
the PLATFORM which, together with the interior per'
ton OF the car, was crowded 10 sufocatiOn Tho Dc
that he standing on the step or tie plat
form. whore no had no business 10 be. Judge Van
Brunt charged substantially tho same in tho SAietzer
case, The jury will bring In a sealed verdict this
morning.
The case OF Walter Donaldson 4 Co. against John
Mapos, tried In the Marine Court yesterday boi0ro
Judge McAdam created considerable interest among
those Interested in coal dealers and retail customers
The defendant bought a cargo OF Wyoming coal at
SO Is a ton, amounting upon 225 tons, the quantity
purchased, TO 81, ,325 25, the amount sued for The
defence contended that the plaintiffs warranted the Goa
to be hrst quality clean, bright and well screened and
that there breach Of the warranty IN espect y
! quality, which pronounced by the defendant.
witnesses inferior, being about onehali slate and
dirt; while the paintins' witnesses, dealers anC
miners from Pennsylvania testified that there was mo-
three per cent OF slate and dirt IN the coal ant
that this fair percentage on tho average run o
coal sold in the New York and Pennsylvania markets
| The jury, after elaborate charge from the Court
returned with verdict for the plaintiff for 81, 49, 70
which the Court added tho usual allowance.