New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-28
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG THE
COURTS.

Surrogate Frank T. Fitzgerald though the youngest
in term OF service ard OF the youngest In years.
has already attained an honorable place among tho
members OF the New York Bench. He had no prede.
in his present Office previous to his election
New-York County had only single Surrogate SUP
rogates for many years had complained OF the I'M
possibility OF keeping up with the work OF the ONCE
In spite Of unccasng industry, and the law for tho
election Of additional Surrogate became necessity.
Judge Fitzgerald was elected to this Office last fall
by large majority.
Surrogate Fitzgerald Is thorough New Yorker
He born in 1855 In the First Ward Of this city,
was educated at the public schools and st. MaryS
College. After his college he studied law with
the Hon. Smith NJ. Weed and graduated from
Columbia Law School. He had a fondness for politics,
and, identifying himself with the interests Of the First
Ward, became the most popular young man In that
part Of the city. lie was candidate for Congress
In 1888 and was elected by 32iG plurality. Before
he took a seat IN Congress he nominated for
Register and elected in the fall of 1889 by Q
plurality OF nearly 1000 Votes over the fusion candi-
was Register Of the county Ills administration Of the
Office marked by many improvements, especially
in rccordvg instruments affecting real property Inch
dent to the adoption OF the block system" Judge
office has been efficient co-labOrer with surrogate
Ransom, between whom and his associate there exists
sisted in carrying ont the change by which the
pensye referee system has hecn abolished and the
questions arising in the surrogatcs Court performed
by the SurrOgates Themselves. He Is courteous IN
dustrous and painstaking, and favorite among the
members of the bar. lie has been engaged for sew:
cra weeks in trial OF the closely contested Hall
will case.
At the sale OF The Albany Law Journal" the Law
ycrs' Cooperative Publishing Company was the highest
bidder. The company has been the publisher OF some
valuable legal publications. including series OF an
notated reports. Tie notes In these reports are fire.
oucntly OF great value. Some welknown law writer's
have been the service OF the Lawyers Cooperative
company, and IT Is possible that THE Albany Law
Journal" will be continued under the editorshlp OF
some one OF these writers. An announcement AS 10
It's future will probably be made to the members
Of the profession
Some cases decided in the last few weeks contain
and Van Wyck, OF the Brooklyn Gty Court, General
Term hold in action against the elevated railroad'
that railroad empOye Is not bound TO look every
time that a window IS raised by passenger and see
that 1t Is put To the proper height but passenger
before placing his hand under open window should
see that 1t Is caught. The company Is not negligent
so as to justify verdict for Injury TO passengers
hand under such circumstances unless the window
catch should be defective Another decision OF the
same General Term Is that the fact that street
railway company with open backed steps SO
that there Is riser bew een the tread OF the STEP
and platform may in itself be negligence on the part
OF the company the safer close backed steps nave
Term OF the Supreme Court, Fifth Department, has
decided a question which there have been conhict-
Ing opinions by holding that the law stood between
Ieo0 and 1890 a married woman could begin sus