New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-05

JUSTICE EDWARD PATTERSON.
Judge Pattersons service has been largely %
Special Terms and In the Circuit Court. but ne has
been called several times to the assistance OIL ui'
General Term judges. At the busy 6eherai ie'n"
which closed last June he wrote the opinions vi wv
court IN several OF Importance notably IN mo
somewhat complicated Casweliazard case: the action
~ Eugene Kelly agninst Jay Gould and Others the
case of Mnnylle against Lawton involving quesuohs
OF importance in stock transactions, ana the app"
In the action for damages by I. Thomas Forums
against James Jrainor In which the liability Oh @n
employer for assault committed BY his ser'ans
was enforced writing the opinion I'm the case OK
Shaw against Bryant, Judge Patterson called inc
attention Of members Of the bar TO the loose methoe
OF preparing appeals which many lawyers had adopted
between counsel and referee submitted ms part o.
the volumnious on appeal and Judge taa,ersun
pairing appeals ia the careless manner which hac
been frequent. There has been M lmpro'e ImS~S
Patt.rson's manner Is disnifcd and courteous. nn
nnailing kindness of demeinor toward 'he !t "Inss
members of the bar, his discriminating carciuiiesS
and his absolute impnrtiay have aided 20 MAKE n"
enc OF the most popular OF New-iok Iulic'ai oce''
The Court OF Appeals decisions made last week
Included several OF more than usual interest," i'
appellants were successful I'm the elevated rairoau
cases except In one arising out OF personal INJURIES
TO the paintR In the sloan case 'he "eheraI
Torn OF the supreme Court had held that damages
might be recovered from the elevated road; a.aoI Ut
the rental value Of the proper :r ALSO held that
The fact that there some benefit TO me pIopssy
from the existence Of station near m % rnverSnS the
General Terms decision. has made recovery moN
difficult in many OF the uptown cases.
Another case in which the Court OF Appeals sass
a final decision last w'"k was that OF oharies "
Burt who began suit D. inst the Oneida Oomm""'N
| and John IT, Noyes All others few years ago.
| Durt's father WIS Of Noyess early assoc"'es ~
tho Oneida Community and the son was eduea'eo W
the community. lie was an active memoe' az"
| he became OF age and was saieS a-e'' " 80
| Of the goods produced by the community. "e ''eS
an agreement I'm 1873 that II he possessed ahy
nroperty IL should belong the association anu Inv
bis Subsistence and education would be nn soMtp
saon for any labors which l ne i rnds for other
arms besides the community ana was ,,''n ny the
missed withdrew lie began nm "''o The lower
sours decided that he could not recovsr any any sE
for his services and the Court of appeals "a' 'u''
| affirmed that decision.
Another NJ last weeks decisions In the Court OF ApS
meals which will be of general interest Is INA. III -
c,se ot Fannie Grossman against the members VI
nosd & Childs Express Company. Inc p'ai"u"
a messenger on the Red star line, and on her arr'a'
| in Jersey city intrusc1 her trdIk 10 III cApieS'"'
She obtained a receipt contain ne "A cause h"'"e u0
liability of the express company for loss 10 Fioo' s"o
oould read English. but neither she nor her pr'"eI
,rho ,cconpnied her read the receipt. The trah"
w,s lest and In suit against the company sue w
,,ired verdict for over 200 TO make good me ,oss
Of RI. contents The company sought to escape ,c
mmi,ins liz responsibility The General Term anre1
tho verdict because the clause III the r'tr,p VIZ, ~"
p,rtcaryo cave, veu " and wns not read by her The
Court Of Appeals has also aihrmea tnc nres
rc,ps whe Is not read by the Of the bassase
Will not BE- sufficient to limit express companies
lillty for the loss OF baggage.
Tho conat,,o, OF the marriage and divorce laws Of
afto
three bills Oh that subject are now before te L'e
,o,ure The proposed law abolish socalled "cohi-
| mon law marriage" met with much opposition. es-
| pecially among lawyers who knew what wo"'" w
the consequence OF sweeping chanec III ''' Poi'S
NJ the state I'm relation the marriage contract ITO
| f,ssor Austin Abbott prepared bill as SUBSTITUTE"
fer the original measure. providing that property
r,C,ts should not affected by non ceremonial mar
RACES unless there were some note or memoranda OF
such marriage In writing subscribed by IN" party
whose e.tatc might be affected. TIL measure seems
| to do away with some Ct the objections to the III
first Introduced. but II has Itself met with some OPP
position A corresp Dndcnt Of Professor Abbott sug.
gcsts that it would be better 10 require that an
wife and filed in Some pablic Office before property
Especially In n n n Of the aToee aw
has bcca cmphaicaily condemned 10y jude Pryor In
ary nj S S"a After ana dIvocs has been introduced in
the legislator; The whole subject needs thorough
sioncr, obtaining uniformity in law in the several
states will probably not he entirely acceptable in
This case THE New York Law Journal has wisely
devoted considerable space 10 the discussion.
A valuable aid to the discussion Of this subject Of
divorce IS found In the latest mum ~ Of The American
| Law Review In which Emile siociuart. n French
lawyer. describes the new French laY divorce ana
illustrates the methods IN which carried out.
Tho anne MAGAZINE has NJ it, icailng articles The
Right TO Critics Pablo CanGldate b. d. III. l1ngreys
and Il review By samuel Maxwi Of the relating
to the liability sleeping company r loss Of
| baggage. It. George T. Brooke contributes TO the
| same magazn, an articl" entitled l. Congress .
sovereign Legislature Touching On: External lsela-
lions In The Yale Law Journal" Professor Simeon
| r. B,liwin. Judge Baldwin ! n, the aiding ic!9
discussing The phrase. citizen Of the United stntes,s
us Il appears IN TIE tiiuon and laws I the nitd
| states. The last number Of The Ncw-Jcrsey Law
Journal contains discus ION OF the law I Rip Van
Winklc The leg. situations VIII u Dc, rrbed and
criticised do not occur In the sketch of Washington
irving but may have puzzled Legal sp of the
| enacted play The law Of the stage has often been
rdiculed ana that OF this avoriic not 60
| uncri ics,d.