The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-02
THE COURTS.
Important General Term Decisions
in Appeal Gases.
A CHECK ON SAVINGS BANKS.
A Novelty in the Way Of Grand
Jury Indictments.

In the Superior Court General Term, and in the Gen.
erai Term o. sae Court OF Common Pleas, decisions
were handed down yesterday argued at the last
terms OF these courts. An epltome OF tho most i'm
portant decisions is given below. Among the more
important of the Superior Court General Term, dec
sons was that gwen in the OF Thomas Donovan,
M infant against the Board OF Education. The action
was brought 10 damages for injuries sustained
BY the plaintiff falling into unguarded opening
extending rom the yard Of the pubic school ldng
In vandcwater street. Upon the trial the complaint
dismissed and the plaintiff excepted to The ruling
Of the Court and the exceptions ordered to be
heard the General Term. Judge Freedman, who
writes the opinion Of the Court, says that tho COM
plant having been dismissed before any proof was
offered, the position OF the parties is SUBJ
stantially tho same as upon demurrer
TO the compliant. He holds that the
dismissal OF the complaint therefore only be sus-
tanned provided under the statute relating TO Tho
Board OF Education, action whatever lies 1t
Tor the negligence the execution of It's corporate
duties. He examines the statutes of this State
relating 10 the Board OF Education at great length
and concludes from such examination that the Board
OF Education is not ouly governmental agency but
also a corporation, ana is there fore responsible
Its own acts. The objections urged by counsel that
This rule docs apply TO those minor political
organizations or quasi corporations, TO which class
The Board OF Education belongs, ana that The ex-
penses OF the Board now wholly paid from funds
raised by taxation, Judge Freedman nolds 10 be
tenabc. He therefore reverses the juugment oil the
Court below Diminishing the complaint and orders
Mortimer Hendricks, while riding on one OF the
Sixth avenue cars some time ago. was assaulted by
intoxicated person whom the conductor brought
In from the front platform and seated
at the request OF driver Mr.. Hendricks brought
suit against company recover damages for the
injuries received, the trial obtained a
Tor 81, 000 The company appealed from this verdict
upon the ground that the damages were excessive
verdict orders new trial. Chef Justice Gurus,
VINO writes the oplu,on holds that the ana
river we're tho defendants agents and SERVANTS to
akc charge OF the car while on the road that - their
judgment, care ana skill, the conveyance and safety
the passengers car was connded, and that aE such
agents they hau right to allow drunken the
He holds, therefore, that there is ground 10
set aside the verdict contrary to evidence In
gard TO claim OF excessive damages, 1t being shown
that the plaintiff struck several blows wiih
both lists in the face and mouth, that mis- eyes
backened, his teeth Ioossned, MS lips open his
nose injured aud that ne was unable 70 eat meat and
haa TO nave MS iood mashed ana could not swallow
comfortably Tor ten days, he gives IL his opinion
The is not excessive, and that IL is
compensatory Tor the pam and suffering resulting
from injuries OF the shown TO have been sus-
tanned. lie then asks the question, 'What reputable
business would copslder htmself compensated,
NY the receipt OF the amount OF TINS verdict, Tor
suffering necessarily incdcnt to an assault of this
chaIacter?" He, however, thinks some OF the
the admission oil testimony well taken
AMI therefore revcrses the Judgment Of the Court
below
Henry Hoffman, a lad eight years oil age, while
his way 10 school jumped upon the platform oil ono OF
tue cars OF I'm outgoing tram on the New York Cen
trui ana HUDSON River Railroad Company. lie sat
upon the step or platform, aud hearing the door of
the Car open, rose up when man, dressed with u
Conductors cap and badge, and say
M anything kicked him OF tue car, inc result beng
that nus right leg Was crushed ana had TO be ampu
pauy to recover damages, nnd on the tr,ai
The complaint was dismissed. He appealed, and
ns ar,,s WIRING ,he o unou
reversed The judgment aud ordered a now trial. La
his opinion Judge Curtis holds that when tram is IN
nnsi man n cnu ClOr AM
buugc and acts AS such aud rs so recognZ.d, must
be presumed mat ne Is IN the railroad company's
employment u conductor, and that to ren0ve
passeis from the tram might be within the scope of
has employment, hut that there was nothing III the
presence oil child eight years old 10 excite malice,
and that The conductor acted hecdessy IN perform
ting what no deemed to DO q duty. The question OF
the violence the part OF the conductor, no held
is question OF fact. however, and should have been
submitted " the Jury.
me OF Ross against Harden, Administrative,
was also decided by the superior Court, General
Term. TINS SUIT will be remembered. was brought
10 recover $4,000, the alleged value OF services IN
taking care Of the personal properly OF Mr.. Harden,
deceased, the most OF winch had been paced Ia TIN
box. he case has been IN ltigatfon Tor long time
and has already been tried Nv Co before jury. AZ
tue first triai the plaintiff recovered verdict tor
Ss47o So ms verdict wasreversed ON an appeal aud
the second trial .be piaintin recovered a Jaug-
ment Tor $40, 4I4 ~ A motion Tor new
trial the ground that the verdict
was against the evidence and excessive amount
denied, appeal again taken TO the General
Term OF the Superior Court. judge SANFORD wrtos
gvcL tbs tral Teverses the judgment OF tue
Court below and orders new trial
the suit OF Ira Rey nolds against the Erie Railway
Company, brought to recover damages Tor b,ng
elected from the cars by the conductor, and In when
Tue plaintiff obtained verdict in the Court OF Com
Pleas the General Term OF that Court yesterday
rendered decision ilTmiDg the Judgment
RESTRICTIONS ON SAVINGS BANKS.
Mr. W. II. q. Sistare brought a suit against the
Mechanics md Traders Savings Institution
ABOUT So 600. paid under decision Of the STOCK Ex
change, OF which he Is n member. II was claimed by
Mr.. sistare that In 1872 he was employed by Mr..
conkn the president Of the bank, TO sell 500
OF Atlantic Mail stock, which was held by the bank.
lie sold the stock, but was unable TO deliver 1t to
the purchaser, Conkn having himself sold "
and neglected 10 notify Sstare of the SAFE The stock
then bought M and Sislare was obliged, as he
claims, 10 pay the difference between The rate he
SOLD it at and the price II brought when bought in.
Tue suit WAS brought before the bank was declared
insovent aud passed INTO the hands OF Receiver Best
The case came 10 trial yesterday before Judge Van
Brunt holding supreme Court, Circuit Al tue close
OF tue plaintiffs testimony a motion to dismiss the
complaint was made by Mr. y. Smytn, the
counsel Tor the receiver. on the ground,
among others, that by The act incorporating tho
bank, by the act of 1852 Ia reference savings
banks the trustees o. the bank were proniD ted from,
In any Manner ueang in securities OF the character
Of The Atlantic Mail, ana that being so prohibited II
could valid contract Tor iis sale. ana that
the plaintiff, acting AZ the agent oil the bank IN rc-
spcct to SAID contract could not recover Judge Van
Brunt so hclu ana dismissed the complaint, with
COSTS Mcssrs s. Fullerton Bennett appeared Tor
the planta ana Messrs. Mckcon and smytn Tor Re-
celvcr Best.
ERIE RAILWAY LITIGATION.
The application Of James McfIenry as general
creditor to be allowed intervene In the Erie FORE
slosure SUIT by the people party defendant came
for argument yesterday before Judge Lawrcnca on
special allowed TO Attorney General schoon-
maker The application Is opposed by the State on