The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-01-21
COURT OF APPEALS DECISIONS
New York City Wins in Two Cases-The
Western Union Must Fay Damages.

ALBANY. Jan. 20.--Among the batch OF de-
cisons in the Court OF Appeals to-day we're
many interesting ones. among which not q few
related to railroads. In ono case tho New
York, Lake Eric and Western Ralrond Com
pany obtains a Judgment In their favor for
$235l.2 % and costs for damage to locomotive
and cars wrecked by running on lumber loft
on tho plaintiffs track. The General Term
reversed the judgment. but the Court Of APP
peals affirmed it with costs.
The Delaware. Lnckawanna and Western
Railroad Company nre partial winners In the
suit brought by Michael ]. Fennell for dam
ages received at Utica. and for which the
General Term allowed him S9.0O354. The
Court Of Appeals reversed tho judgment and
ordered new trial.
The New York. Chicago and st. Louis Rail-
road Company is heavy winner and tho State
heavy loser In q suit brought by the State for
$4,000 buck taxes. claimed to be owed by the
railroad. Tho railroad appealed from the de-
cisons Of two lower courts affirming the debt.
and the Court Of Appeals decides that they
need not nay it. similar case against tho
decided in the same way.
A case that vii interest all employers and
Rs ,sst e&SGsSs ag"Tns
action was brought to recover damages for the
unlawful discharge Of plaintiff before the OK.
he was hired the Contract COZ nSin s' VERBAL one
Defendant denied the alleged breach. and de-
MED that plaintiff was willing and ready to
rerform services for defendant. The Court de-
cldes that the employee must DO paid.
There was ono murder case, also decided to-.
day. that of James T.. Mnall. who appealed
from n sentence convcting him OF the crime OF
murder in the first degree In SHOOTING and
the city OF Now York. The defence was that at
the time of tho shooting the defendant was in
sane: Tho court decides that the conviction
was in accordance with the facts. and refuses
to find that he was insane.
In two tax cases. one against the Brush
Electric Illuminating Company for back taxes
amountin. to SlU. 75250 and that against the
American ltfi CONTRACTING and DrcdsinE Company
cases and the corporations will have to settle.
The city Of New York is winner in two
cases which. had they lost. would have
was that Of Alice Holland for S1O. 600 damages
for injuries received on the gangplank at
10th street. aud the other wns n "Reminiscences
e TWsehs reign; being a neti3n Of william
balance duo upon furnishing, Tweed and his
Commissioners Of Public Works petrified
stonewaro and sewer pipes In both cases tho
city il relieved from paying.
In the Second Division an important case
decided was the appeal Of the Western Union
Telegraph Company from a judgment In favor
Of james W Goodsell. representing the Ma
amounting to prospective profits. The suit
was brought to recover for breach OF contract.
The, plaintiff cntored into a contract with de-
PENDANT to transmit certain number Of words
ciated Prcss. The conditions of tho contract
were performed by defendant for u time. but a
breach occurred. and this suit Is brought to
recover damages for such breach and also to
recover money, had and received The Court
OF Appeals decides that the Western Union Is
Liable for these damages.