New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-08

founded on n study OF the writers Of two centuries
ago, and his sentences at times Addlsoniah lie
Is cOnsidc ID Of the half dozen judges whose
opinions a read with interest by lawyers who taxa
pleasure In literature, 30 mler whether the suo!ecs
GScu,seo is OK Is bo' , Tnr - inrc Freedmans
and his experience and judgment are msnly Why.
Ire pop srt "a accon he is universally fair and
decides questions quicdy Judge Freedman was Ese
nof,on by the Tammany Hall, Republican and Munich
pal League organizations.
Tie annual reports Of the work performed In the
various courts were made public last week, ana I'M
fortunately not indicate that there Is any pros
pect Of doing away with the delay in the trial OF
cases which IS a frequent subject OF complaint
There remain on Circuit calendar OF the supreme
Court about 200 cases. and about 1900 were disposed
OF last year. At that rate II would take two years
to dispose Of the cases now on the caiehuar' VI
course some OF the old cases are practically dead"
but large number Of new Issues Is constahity
arising so that the calendar in this court may fairy
he considered to be two years behind hand. in
the superior and Common Pleas courts there Is
humber OF appeals disposed Of at General Term III
Supreme Court was large but this, as wen rh b
other branches Of the court IS oyercro"ded. Insi
number OF in which motions have been p as,ei
at Supreme Court Chambers, alS sot in tbaf
branch OF the Court.
1t IS probable that when the next Constitutional
Convention meets attempt will be MADE 10 III
crease the number Of judges OF the Supreme Coure'
Of this city. and there may he reorganNiuJh
OF the Superior City courts, so that cases may De
| more quickly disposed Of than under the present
system large part Of the delay at present comes
from the habit among lawyers OF asking Tor az
tournaments. and granting them to their opponent"
on insufficient grounds. 1t has become HePue"'p
a matter OF courtesy for the lawyer on one size !"
agree TO an adjournment when asked Tor Oh per
sona grounds by the attorney on the other sue
and the interests Of clients frequently suffer on inns
account. The judge arr perhaps more srlct s gna
they Few years ago IN , GIii ~ add1rn
excuses FOR pospOncmet but the hault Vi auJou III
inc by consent, 10 suit the wishes OF one VI u,e
otter lawyer in the case has largely lhcreaseu' TO 90
that the iyoidabe delay Is as great as ever. az
trial frequently adjourn cary 81 when thy
and sit for only Rore9 OF ,1 ea s2 II the lawyers
,reTe ur-cnt in demanding that Their cases De uo
when and at tlnes overtaxed but there are
others who might accomplish a l ty tho cases on
york II they forced the lawyers 10 ty lne oase' ,.
the cai.ndars and only granted ahJoufhhehO' i''
some necessary reason
Professor John Ordonaux, OF the Columbia IN"
school one OF the most perfectly trained ana wen
eou,oped instructors in the country, receives hOu'v
/ in the last number Of The Columbia Ia" lint
,,r,ssor Ortonaux to Git himself 20 give insrucuo"
On medical jurs prudence not only studied law, W.. r
,,, nis degree as doctor Of medicine ana IN i Jny
,SSt twenty or thirty years has also hau . ,oS ,h
49, ",ys are Enforced lie has taught in Colapp
and dartmouth colleges FOR many ,ei,,nes relat-
tvrffu
WI ~, TO TaneI Of law which lie has especially stuiVu,
mi poems. literary addresses ana Co"'i'"''0'' "
the most widely circulated Mas'N"'''
The United States Circuit Court Of Appeals TOT 'ne
Eighth Circuit has recently passed upon la.ner P
rlior case which has interest to those VINO nave
friends who occasionally invite them TO 20 cut ur,n-
man living In Sioux City received NS'' n1 ,.,.
| ~. ,,ro ets.ers and invited them to drive VIVA
him They drove across the railroad track Ill 'ouN
! civ and tho wagon was struck 10y udih oh INC
Ipon Pacac Railroad. one OF the women WIS hiiieu,
Uer administrator began a suit against lAe fal'r u"
comnany for the loss OF the womans me- anu u,'
! onnnanv invoked the doctrine Of "impat-d heen-
cence7 asserting that if the driver were eae'eS' A
NEGLIGENCE must be imputed 10 those VINO "eic ~ W
conveyance with him. The court refused 10 ii, oo"'
/ mis- doctrine which has sometimes Oeen spphed IA
cos,s where parents have carclcss!y allowed 'neir
children TO 20 TO places where tley wee 4aoe 10 ie
| oo,o Injuries The Court OF Appeals decides tht t"o
deceased woman was guilty Of negligence ana mat
she had no control over her BROTHER VINO was uii
inc the team. Circuit Judge sanborn' VINO ueNei'U
the opinon says that If person VINO Fiue' "
nrvote carriage on the invitation of the owner anu
/ ariver OF the team cannot recover oil tluu per
con whose careless act Is tie proAlmate CAUSE Vi
/ 49, injury II must be because the negligence Vi
,ho driver Is under the law the negligence OF the
c,cstp and he says that the same reasoning wo h
MAKE 'ne % If tbe driver as well as free third
rnrson from any responsibility for injury nlI'I hd
he
T T,n "' himself Somewhat negligent. The wr9nsia
act Of the railroad company vas n the noM
co,ea Of inquiry. II pom WHAT pm,
I6no Sanhorn saws can II be justly SAID that tne
y5-irt must hear al this loss, Wheh she h'iuuct
it,, rnr vyas responsible for. nor could nave
''n,.,,',e, IT, because tins dd person assisted "
'.s, the injury the lroXimale cause OF "nCh VIE
~ ,rronrnl act Of the defendant company "a
H. ,Nisfs in the realms Of lurisprudenc" any soul't
~ tInn innocent and discharge or The guilty. may
W. I"sod w, have been unable 90 discover H. w
F,,sh ease was decided forty or hly years asU ~.
WIN the negligence OF the driver OF ah 1.u,"u v
w.as deemed sufficient 10 prevent pers"h iin5 W
tbe omnihus from recovering damages ior Wv III
~, act Of the driver OF another Nehltir' ON nc
i.o,rd ~ imnutod negligence. but the thiieu Sla''s
snr",ro Court has rrnudiatcd that pr1nclpio anu :.
80 yaors ago the Court OF Appeals IN fhsi"ttu
ttsn,s ovcrrulod that decision In some ~ - a
.','or inrtrnc of "imputed negligence Ias no
flacc and II IS matter Of congratua',oh u , ~,
Eri,ed states courts have not extended II III on's
case.
Tho rost intcr sting and important note OF the sew
,I articles which appear on various subjects IN te
,,ro,, number OF The American Law Register ana
, p,,ov,, Is ono on Gerry wandering" Only ths
i,,,,ls "H D. are signed Ia the note but II Is IN
,rat department Of law annexation In "IAe h''i'"
-, uhIch ex,yudge John +. DillOn, Of this city, Is III
, ,ro Tho auuotatOr takes bis principal case the
,, decision of the Court Of Appeals sustaining 'hs
,ortionment act I'm this State. and reviews the de-
,in IN the two Wlscon in and the North caro-
lin, and Michigan cases. He does not hesHa'e 70
In