New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-07
THE COURTS.
COURT OF APPEALS DECISIONS.

COURT OF APPEALS DECISIONS.
SEVERAL HANDED DOWN IN EACH DIVISION
BOTH BRANCHES TAKE RECESS.
Albany, May 6.-The Court Of Appeals to-day q.
Grmed the Judgment OF the lower court In the follow
Ing cases
Orvile T. Jarvis, respondent. against the Brooklyn
Elevated Rn01s Of % T Tsrw wa
the City Court Of Brooklyn affirming Judgment foe
favor O. ns p T sSn We
legged to have been sustained by the plaintiff by reason
Of falling from bso on n %S s s.
to have been caused by the defendants negligence In
failing properly to guard and light the platform.
as Raosd the r Ss'1 as1
an appeal from a Judgment Of the General Term,
plaintiff. The suit was brought to recover damages
for injuries suffered by the plaintiff while passenger
cured in June 1850. The car in which the plaintiff
riding jumped the track through the careessness
Of the awsr sd o 10 he aS s
confined to her bed for care and treatment for
Caroline j. Cammerer, respondent, against Clemens
Muller, appellant. This was an appeal from a 1udg-
ment Of the General Term affirming a Judgment FOE
alleged unconditional promise to marry within 3
reasonable time the breach assigned being the defend
Thomas Collins against the New York Central ana
Hudson River Railroad Company. This was an sp.
peal from Judgment OF the General Term for thy
Fifth Department, affirming Judgment for 1902 IS
In favor of the plaintiff. This action was brought to
recover certain property belonging to the plant,s and
the escaping OF burning coal from one oil the defend
ants engines.
people ex rel Edward Luckmeyer against Michael
Coleman and other respondents. This was an appeal
from an order OF the General Term. afrmng a 1udg
ment in favor OF the defendants. This Is proceeding
brought by certiorar to review the acton OF the
Commissioners OF Taxes and Assessment re- ,h OF New York
the sum of $4,000 for 1880.
The following is full list Of the decisions names
down in the First Division:
Cora Chase respondent agt the jamestown ette'
repo1dents' ae The Massachusetts BENEFIT AssOc
ton appellant stephen D. Barnes a a%s Sn1tne v.
Rider and another respondents agt. Robert Foss.n.
appellant Peden APPELLANT, a agt S camS S%sn @
pellant. agf. s. Weber Parker ct al; re,Pondents;
r. H. Miller reponden, as w RanR o. O., c Wsis
hppill RESPONDENT, agt. Edward Chaplin ct al; ap-
pelIants o. Jarvis reponGen aDp ella carons
! "Cammerer respondent. agt. Clemens Muller. ap-
pellant Rachel Pollock respondent agti te bro4s'
me Tse a'n Penpe ~ ex rel j. p Martini appellant ss
Theodore W. Myers ct al, respondents Appear ois
The People, appellants, agt. John II. Phelps 10
In re- widening OF Westinghouse. Pouehkeepse n
re petition OF John Newton for the appointment o.
omsSOGers under chaptsF 40 Of Bn the ct a tho
PEOPLE @x rel. T. Luekemeyer. appellant. agt Michael
Coleman ct al. Commissioners ,I,1 OF iaAe' e" !"
John W. Young appellant; at; sophia Young. 10
snondcnt Orders Of General and special Term. re-.
verscd and motion TO resettle the case s'"neu' VII"
William Alexander. administering etc. respondent
act. the state. appellant AWARD ainrieu' WIFI ''''
These cases were argued:
C. g. Bolton al. appellants, agt. William
-chrevcr ct al. respondents. -, ,-,.., 70 Ina.
respondent. A. r,,soo p,y.r o-,
and Iron Company. apPelidh'
In the second Division the following decisions were
handed down:
Nathan ~ Starr appellant. agt sarah NJ snn
and Others Motion to amend renitutur Denied VIII
out costs. 49, s oro,bar a. execntors
otto act tho New York Elevated Railway Company,
ennellant Motion for rcargument granted win eos S
10 abide the event and the case 70 a. pse a., nnm
John Avery appellant; agt NJ B. Matee N4 WsIi
,a, Wis anpellant agt. the Union Bottllng CON,
Many. Thoma, Collins ag,. the New-iorh $3.50
Railroad Company, appellant. Judgment aihrne"'
VIZ Fra h. HAYDEN agt. the state OF New-lork' APP
,oliant. Order and award affirmed. with costs.
These oases were argued in the second DIVISION
g. b. Taylor, respondent agt. L. Z. NoSua'u'
'PtNI MARY f. Goodrich appellant, agt. d. ID. Housh'"n
and another. respondents: A.. s,u,n-,.ua Water
f. S. Cady, respondent, agt the spfihs'iie Wow
Works Company. appellant. r. n r,ru and
81 Francis Wager. appellant, agt. 1. d. LINN ''N
Others, respondents. -, Monday
The court proper to-day adjourned until MONDAY,
MAY %. at Albany and on Tuesday nay d. wiz
lacn the summer term at the Town nan III %" s,i e."
Nav 90. az X1any and June o. at saratoga Will W
The second Division takes recess IRON, s ,a,uSy
until May 81. at the Town Hal NJ S''''oe" 'P