The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-18
THE COURTS.
Pains and Penalties Incidental to
Rapid Transit.
A JAPANESE DEFENDANT.
Final Determination Of q Long Contested
Government Suit.

Xomotaro Safe, . young japanese merchant in this
ETY. became an attractive in tho proceedings
Of The Marine Court, before Judge Shea, yesterday.
being the FIRST known that il IN any Of the
courts OF this city where native Of Japan has ap-
peared as party in civil Law suit M Sato leased
Daniel Biodgett and others the store and base
mcnt at the northwest corner OF the United States
Hotel corner OF and Pearl Streets Tor the sale
Of Japanese ware IL Was claimed by the lessons OF
the premises that no arrears for rent
for The months OF June and July, which
hc refused TO pay, and they brought summary
d,spossess proceedings against him. which became
the occasion OF his presence yesterday In court Inc
defence OF Mr. Sato that his rc asal 10 pay vas
not for want OF means 10 do SO but on the ground
that he had been for consderabis smo deprived Of
the use OF premises and mad been put to expense
which plaintiffs agreed 10 pay He says that the
plaintins had asked his permission to allow the Ele
vatsd Railroad Company to make ~ his premises
certain alterations necessary Tor staircase to the
roxd that while plaintiffs informed him mat the In
coHvsnence OF the work would not DC ior more thsn
day or two lasted for Ten days, and practi-
eaiiy deprived him OF the OF the store Tor that
time and portion OF IL altogether, besides com.
pelling HIM make costly repairs for which he had
he assurante ths pisnIns would pay. The reply to
Inns on part oil piaiutins was that inc
DEFENDANT 10 consideration OF $40 being thrown on
tue annuai rent OF the premises Was TO permit tho
EIevaIed Railroad Company 10 make The alterations
Of wach he complained. jury having been dc.
highways and hedges of the vicinity Of the City Hall
10 compel them come Among those summoned
WAS ex-Alderman James Fitzgerald.
'.Are any OF the jurors Interested In tho elevated
railroad W asked counsel Tor the defendant alter The
Jurors mad taken their seats.
81 interested in rapid transit 10 the extent oil
being very much opposed TO u, replied Alderman
Fitzgerald some elevated road is running in front of
my property ana another In the rear Of H. and beth
have deprecated II SO much that am preJudced
against IT,"
The Alderman excused from the jury, and an.
other person substituted IN his place. Mr. Saio was
examined In behalf, and testified, in excellent
English, that after he had made Tho repairs which
became necessary by the acts OF the railroad COM
pxny and mad paid the bills he then presented them
10 MI Fisk, OF tho PLAIN tns Tor reimbursement.
Mr.. Fisk offered MIN Dut 500, which Dc refused,
Ind that, no said, ended the interview. 1t
was argued the jury, on behalf OF plain
tits, that whatever clam Mr.. Sato had tor
injuries to his premises and business was a claim
against tho railroad company, and not against The
paiuiins; white the part Vi defendant was urged
tho OF tue repairs maze by him. and the loss
occupancy OF the premises during the time the
railroad company was making It's alterations were
legitimate and proper Deductions from the rent
9 aimed, and II the amount demanded was moro tnzn
the Jury would ind To be due alter making the de-
duciious claimed. then there had not bcon such
demand as would sustain tho dHpossess proceedings.
The Juage charged The jury that tho Elevated Rail
road Company entered the premises with the consent
the tenant, and they exceeded their privilege 70
bis injury, his Tor redress was against the
pany against the lesSors verdict WAS
given favor OF the landlords