New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-03


r. w. PECKHAM
not done or that the representatives OF the Aque-
duct engineer had not ordered the work performed
The representatives of the city had simply 10 rest
on the proposition that the Aqueduct Commissioners
had no right to bind the city to the payment for
any work other than that included in the con-
tracts The contractors might have known oy
reading the law that the power of the Commits
sioners was limited and they took the FISK OF
possible loss If they performed additional LABOR
outside of that called for by the CONTRACT, Inc ne
affirmance of Judge Ingraham's opinion given a.
the Trial Term is highly complimentary 70 b tn@s
many ingenious and eloquent counsel were citing
sonSns were eStremey large The opinion of
Judge Ingraham formed the basis Oh me me ar and
apparently at the Court Of Appeals His Lines OF
reasoning were closely followed ana ne as so ON
elusive by the appellate tribunals The General
Term was nanm S, in tba com4i Of ppeas
the decision was by the divided Court Inc coun
BEL sers on Of elmer the bar The result the de-
cisions will make contractors careful in the %
out ascertaning whether the city can be held liable
for payment
Many of the other decisions Of the Court Of APP
peas last week were of comparatively httie I'M
portance but two or three Of them were on ques-
tons Of some public interest The principal point
decided in the Larubia murder case was that
Juror was incompetent where he expressed strong
prejudice against any who carried firearms as
the defendant did and said that he did not know o
whether he would give the defendant fair triai,
but thought that he might be affected one way OF, or
another by prejudice. The success OF the sun by
actions by persons whose houses have been rem,
dered undesirable as dwellings by the noise ana
sGasus within ~ he 'n city ms In
considerable injury has resulted 70 wbbetber any
suit for damages could be successfully prosecuted
If he University
Law School is already busy occupied in differ
ent ways being practising lawyer, a lecturer ana
a legal author but not satisfied with the duties
he has heretofore had. he has begun new enter
prise by editing THE University Law Review
of which the first number has just appeared AS
explained in the opening editorial. the magazine Is
designed to aid in presenting the law as II Is 70
day with Comparatively little attention to the his,
tory OF the Law or 10 ancient legal doctrines. the
number OF current reported cases IS so large ana
the desire to obtain the latest decision on ANY Po h
most recent phases of the constantly, changing en
position OF the law in the courts VIII nave al I'LL
portant place among legal perlodlcdis.
A decision Of Judge Rumsey. in the Supreme
Court for the With District, granting new trial
in an accident case is based upon principle which
is apparently new in this State. 1t has been ire
ouently held by the courts in this state mat no
damages can be recovered from Negligent per
son or corporation for purely mental suffering
caused by the negligence. In some other States the
gush and mental suffering. caused by failure 10
deliver a telegram by some other careless act
but in this State there has been uiileree nule;
In the ca Sc in which Judge Rumsey gave decision
q woman was about to take street-car IN tocnes,
ter. and she was standing READY 10 saep ap %i
the platform another car going In the Opposite 81
rection approached. and the horses became lIienI
a 50 that they cbenSsd IS as before they touched
her The fright and excitement caused ine W H,a
to faint and the S SnHek ss ahoSsh the verdict
could be founded upon tne ihe',d h, srnI aii
ment the injured person might recover verdict nnen
against the corporation whose employees hau oee"
negligent In causing the INJURY
Judge BilIlc Of Philadelphia has discovered 'he
name of the disease from which many persons
who bring suits against railway companies suffer
In a case before him the plaintiff refused TO allow
her arm TO be examined by physician chosen by
the defendant to ascertain whether her Injuries
were as great as she alleged. In spite OF the oe
cision Of the United States supreme Court Ina
could not be made in the Federal courts, Judge
sds decided ,S that se %ss sS
proceedings in which the examination was per- tar
INJURIES 10 Which millions OF dollars have been re
covered and which. from It's great .iIav
spine Even with all the skill which IS applied to
an investigation OF alleged injury 10 tna., tne
yessaon refused defence to an be a bape
i Rssfy 10 TINS part u VIC '
legal journals In which lawyers in Chicago Buffalo
and Washington are displaying warmth unusual
excep, in the heat Of important trials. Inc con-
test began In an apparently innocent anu eve"
attractive pictorial sketch In 1.-The chicago Law Jou
nal" representing a handsome boy and girl, bear
ing underneath the title. "Our Grandchildren
and the names of the children. They were the
grandson and granddaughter Of Mrs. Myra Brad
well. the editor OF the paper whose huspano' sun
and daughter are all lawyers and who mas herseil
! completed law course. Irving Browne VINO con-
tributes to several law journals, wrote IN one OF
them: I've want II distinctly understood that IN
the character Of grandfather we take water from
nobody and challenge all corners at catch-weigh's'
bar nome not exceeding three years old ana three
months old respectively. The parties can be IN
terviewed at Buffalo" Grandfather Browne not
long afterward received letter from one OF the
Justices OF the United States Supreme Court, III
which the writer said; Il do not want 10 say any
thing In disbursement OF the condition of one
having only grandchildren. have myseii
been through that chrysas state OF existence;
q grandfather a man is entitled to consideration,
twice a grandfather 10 respect yet II Is only when
he Is three times , that he to
diiate on his own advantages In the possession OF
''the three finest babies born into this world
MT Browne continuing the report Of the case, .i I'm
sons the virtues Of his grandchiidren and reieI
ring TO the boast of the Justice OF the Supreme Court
OF the dignity OF his position OF tnIee-tmes graha,
we shall attain that triple dignity In much shorter
period than It requires to reach cause for argu-
Chicago Legal News returns to the attack by
saying that the only photograph which has been
thus far published is that Of Its grandchildren.
children Of either Mr. Browne or the Justice OF the
Supreme Court and 30 have the composition fairly