The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-05
THE COURTS.
Important Decisions by the Supreme
Court, General Term.
THE FIRE DEPARTMENT CLERKS
Another Injunction in the Great Tele-
graph Suits.

Tho Supreme Court General Term, yesterday
handed down number OF decisions in cases argued
during last Of the court at the same time
announcing others would be delivered on Monday
The following among the moro important oil these
decisions: =
Graham, clerks discharged from tho Fire Department,
appealed cerorar to the General Term 10 inquire
yesterday. Judge Brady, VINO writes the oplnion,
says the REALTORS regular clerks OF the Board oil
FIRE Commissioners and were removed on the eViuenco
OF tho Commissioners "becnuse their dutcs couiu
more efficiently DO discharged by other persons "
THIS was the only charge they were gwen an op-
portunty TO explain. But it Is unnecessary TO say
that explanation OF such charge could not well DO
made. Each might say with proprety my duties
have been properly and faithfully performed; am
not charged with negligence ncapacity nave moth
ing TO expiaD.u II the power Of removal was
uncondit ona the notice ana quasi trial were uDnec
essary. and the question arises whether such q
power exsts The Laws OF 1873, chapter 900, section
IS provue that no regular clerk OF the bureau shall
be removed without notice Of the cause, &c. The
Commissioners say thor the more efficient
discharge OF the pubic service After discussing this
point the Court refers 10 decision oil Judge oou-
run that the supreme Court has power In such cases
10 examine the oil removal and see u The PROOF
the remark Of Tie Same Judge IN the same case
39 ~ Y, Rep 5Ool-that II sucn judgments were hna
anu without redress much Injustice might w done.
This case, says Justice Brady, illustrates the danger
predicted Ii the power to review exists the duty of
ovcrthtowing the judgment OF the respondents Is
PLAN. Tue power exists and tho duty suggested fol-
lows Ordered accordingly.
The Court also decided the case OF Mary Pettisrew
and otbers against Jane Foshay which appeal
OF the piainin from order refusing an injunction
IL appears that Jane Foshay sued The administrators
OF linn pctrr.w TO recover Tor services rendered as
nurse uId hvusekeeper OF Tue deceased. THIS action
was compromised upon Inc payment OF Sl3 600 and
upon her solemn asseverntion that she was not tue
lawful wife OF the deceased In his lifetime She sub
sequen ty FLED petition the Surroeale's Court OF
tbs county stating that she was the widow oi the
deceased aud that letters OF administration were
issued without notice her, praying that they
might be revoked anu Issued TO her as his widow.
This action was commenced To prevent the litigation
Of that question before the Surrogate on the ground
among others that she vas estopped ny her solemn
act Of DENIAL The plaintiffs are the heirs and next OF
KIN to the deceased and asked TO have the suit ro-
strained upon tho further ground that she was rfe.
sponsibe except lar tue balance OF the $1,000
paid her might remain unexpended. The motion
for the injunction was denied anu hence tho appeal
Judge Brady writing the opinion ofhe Court reverses
the order holding that the Surf o2ate does not possess
The equitable jurisdiction which enables HIM To employ
the strong arm OF equity 10 prevent abuses in the adj
mnstration Of Justce-to prevent IN other WORDS
The legal machinery Of this court IRON being put
motion, which was the object OF this motion.
Bridget Tormey brought suit Tor 900 damages
against The city on the charge OF cruel treatment by
tue agents OF The Board OF Health. She alleges That
she was forciby removed from her mousse TO the
smallpox hospital, where she was confined an nour
among the smallpox patieDts Then II was discov-
cred she only had the measles but instead OF being
allowed to return home she was taken 10 the hos
pita BackweIs Island, kept there days. sub
Jected to indgntes and lost portion Of her
clothing. The city demurred that II was not respon
sbie Tor the agents OF the Health Board which rs an
independent organization, and tho demurrer
was sustained DECISION on Mrs Tormey's
appeal was gwen yesterday by Judge Danios,
says:-"If the facts stated true
acts OF an unlawful nature were also committed by
The CITY officers aud TO that extent The city should be
liable IL is seldom that SO grave wrong Is even
alleged against public officials or agents. II the facts
existed as described the parties should be crinnally
punished well civly redressea. The puDlc
have SUCH an interest IN the case should lead It's
vindicston Tor the protection Of others who may be
IN danger OF similar abuse OF authority" The Court,
while affirming the order below, allows the city 10
Withdraw their demurrer and answer, on payment Of
COSTS.
The Hartford and New York Steamboat Company
IN May, 1865 leased pier from the CITY Tor years.
In 1867 1t fell, and tho city refused to rebuild IL,
whereupon the company rebuilt II and brought SUIT
tor $4,000 damages including their loss oil business
ana the cost OF rebuilding. The paintia argued that
the pier old and decayed, and that defendants
were bound to keep IN repair, but the defendants
demurred, and Judge Dononue sustained the demur-
Ter. rho General Term through Judge Daniels. sus-
tanned that judgment, inasmuch us there nothing
about repairs the lease, ana II being held that
duty OF repairing cannot be inferred from the rea-
tons OF the parties, and nothing OF fraud misrepre
sentation Is alleged against the defendants.
Henry Cotton sued John Morrissey damages Tor
alleged sale by of the lottery policy
business Murray which Cotton claimed An i-
terest The case was noticed Tor trial and the PLAIN
TN could not go Oh In the absence from the State OF
Witness postponement was refused ana u default
taken. Appeal was taken from an order refusing TO
open the default. and the General Term yesterday
gave decision, through Judgc Bfady The Court says
piantin could have sustained no serious loss by the
iale OF n probably unlawful Dusiness which sale was
Set aside. Besides, palntin was never In
and no has another action pending the Dasis
The piant knew his witness was out OF tho State aud
should have taken his evidence beforehand. Order
affirmed.
In the matter OF appeal OF Mr.. August Belmont
10 vacae an assessment the Court rendered "A de-
rsion. This is appeal by the City ana County OF
New York from the order vacatng the assessment,
upon petitioners property, for grazing and paving
Seventysecond street. and taking up ana resottng tho
curbiag ana gucring between Eighth avenue and the
Hudson River. Judge Danles Ia giving the opinion,
says that the ordinance or resolution providing Tor
the work directed The laying down Of a macadam
pavement upon the street, which had never been
paved upon las carriage way IN any form before, aud
That was the original pavement IN mat portion
oil 10, and IT could not be properly laid with
out reducing and restoring the curbihg and
gathering. Tho failure to publish the ordinance
resolution did not justify the order vacatng the
sessnIcnt which was made for the expenses laws OF
1874 chapter 3l5 Neither did the failure TO give the
notice according To tho terms OF that act, nor tho
resettiug and curbing which necessarily included
In the powers created by the statute OF 1870 to change
tho grade render THIS assessment invalid For
this reason and also Tor the additional reason that
tho work had been completed, and the liability TO pay
the expenses OF created before 1879, chapter 476 OF
tho laws OF that year can have no application what
ever III this case
The order appealed from should be confirmed, with
FLO costs besides the disbursement on appeal and tho
order entered denying the application. Chiei Justice
DAVIS cOncurs
In the suit OF Margaret Cavanaah against william
b. Dinsmore. as Pres idcnt Of the Adams Express
Company, the judgment oDtulned at Circuit Is ai-
hrmcd The paintin IS interstate, and while atempt-
Ing TO cross Chatham street WINS killed by n team
the property OF Tho Adams Express Com pany then IN
charge OF ono OF thoir arivcrs. The complaint
dismissed by the Court boiow, and tho case came
appeal from the judgment entered on this dis
missaL Chioi Justice Davis, who writes the Opin-
lou that the driver had right TO depart from
the original route Tor the purpose ol doiD2 favor TO
. co-scrvaDt who was not while thus employed DONG
service for tho defendants. He says mat IL Is well
settcd that tho master 10 not liable for Injuries sus
tanned while engaged IN any Unauthorized act beyond
The scope and duty Of lis employment although at
tho iinio tho properly OF the master WAS used IN
such unauthorized act.
EDISON'S QUADRuPLEX PATENT
In tho suit OF tho Western Union Telegraph Com
pany agninst George harrington. Thomas a. Edison,
Atlantic aud Pacific Telegraph, the trustees OF the Au
tomatc Telegraph Company and the Automatic Telc-