New-York tribune., 1894-04-29

JUDGE WILLIAM K. TOWNSEND.
One case in which great interests were involves
was that Of George Westinghouse. jr, and tho
Westinghouse Afr-Brake Company against the New
York Air-Brake Company. Millions OF doiiars were
at stake in the controversy Judge We viewed
the history Of inventions relating 70 arorane5S,
ginning with hT he pasS' Is fSr an arbrake which
proved too SOW for ordinary use ana was udn-
GSrc IN aS the eosion Mr. Westinghouse kept
AZ work on the invention, and patented an automatc
erake IN SI sIrbraSe G which was covered by the
patcn in dispute Judge Townsend after dsd earelu,
ysw OF Of fnf the Company several
of No claims In the suit & OF blscK wasnalls Judge
Tognsend decided some important points ,Gtion Vt
right law In one branch 81 I'm tne enn is connected
ltilge Townsend gave decision refusing 70 ra
M Glenn from the some branches OF the
Glenn litigation have been more thah one Tn Te,U
me United states Sa SaRrfi tarcbie writer He is one Of
,Sn most approachable of men, and his easy man man
ners AID e. corda Hsysn Hsys he probably famiary
known 10 A larger number OF the resi1enls ian an
any lawyer. and perhaps tnan any o'"e' e'''~eA
Of the place
Ex-Judge Nelson ]. Waterbury, whose iuherai
took place last week. maintained his activity up
, ,he time Of his death, hut his career as an
vorkars had passed out OF the memory OF an eA-
can, rho elder generation OF lawyers. In his later
wears Mr. Waterbury was known as a o'''e' or.
relentless antagonist in several hugauo"s' 'v"s
~ them extending over many years ne 'ooN -
personal interest in his cases ana lousr sssneeisiy
Earnestly His sharp peculiar to.e' 1rs rr,
when he was reading one OF the ain1ssr s nness of
by himself and in eyhsSsted WniSs d' was raspng and
,,rovoca tive OF anger among the oppVsttns ~ had
Iie pS reaardless of the feelings of his opp4hens
ar any question of his own populdr'(y, (y,,d exnress
sisaif in terse and vigorous English he w. W
especially at home in cases reqursS sS,eoment;y sue.
As counsel in election cases ne was asty Inn
cessfuI His physical powers had Oeen s'e"''' '
paired In recent years
mt ..oo,,,r ~ one litigant by his opponent IN
-, ..osa,ca Of Judge Bischoff on Tuesday IN
courtroom OF the Court of Common fleaS' ~suee ~
the need OF now precautions Il Sou -, -
o,bods are 10 be introduced into New-fork law
,,,s The use of the knife or revolver as inetua ~
= - ,,,,, from, an unfavorable decision mas he'e'
han ronular here but II 1t Is to take the p'"so
~ annellate courts II will be necessary =" -
provision for the judges ana Tor l''ioSe" -,
,,,ors 4 turreted tower OF bule'-p'ooi -
-. ,ola ,h, pace of the canopied oench oi 'iie
must '"N -. of mail must be provided for the
',a,,,, ,avvers So long the ntlSarts iio"e
snfrcr the matter is not so important 10 'ieio..S
| NJ the Bar who accustomed 10 wa" IL
| eouauimity the sunerings OF them t,, snms minor
they pile up rrdencr pr,n The safety OF the law
vvers themselves must, however pe nroviie a
| :ost even il IL becomes necessary ~ ,r, P, ONE
uinc room as an attachment TO eacn cog.. S
Of the lawyers had narrow ,Sst The counsel are
iu anv wav responsible. or are TO sulc ,Sa;r y want
age for injury done TO- their he law will become
Oven more hazardous than at present tbr e
nay nave az matters into which they should nos re pe
drawn further than their -, mnrulv lay-
oire and il is to be hoped that when 1fuS h ,se 81
men desire TO settle their quarres pX Gsance t from
weapons they will retire 10 o S'n interest in legal
| cnntroyersies carried on in SO unseeh'iS " i''
Amone the Court Of Appeals decisions last w WEN
| o ,nI,, a few involving important legal ques,iohs'
| y, ,ba case Of Snow against Pulitzer the )uos'
| mont of the General Term was ahrmeu "o''',,
| that profits which the tenant OF puilans WI
, nrohahlv have received may be cohsiueleu u" 80
,ratnc the damages to be recovered t-e ioL evt his
iiin him TO remove from the building oeioae r,si
lease has expired IN tne Ia T"S oveens counties Il
Us held that a suit might be proseSu.,su " o,,ar
pei the Supervisors t 20 mal',1 Treek the boundar,
hs,ween two counties. The decision that tne New @
York and NewHaven RaiIroaa ~ steam to hea
rs cars sustains the Judgment OF the o"e Isss q
fonnd M in fina decision that Phnas LoSnsp'ors
formerly treasurer Of the nebhInC for the pay
ment OF the balance OF printing gS,ori, p SichIe
action OF Cornelius n Bliss against snern IT,, S,cS,e s
and others the judgment OF the General Term wa
affirmed.
| rha discussion at the recent dinner OF the alumni
| -, tho University Law School Indicated stron
| continent among the lawyers in favor or re'aihih
ho longestablished superior city courts OF ths CITY
chief Justice Joseph +. DAILY, OF the Court or Som
mon Pleas made an earnest and effective arguHe'
In favor OF the ancient and honored tribunal owe
, | ,,hich no presides. Dean Austin Aooott, OF N N
I,w school spoke in similar strain anu sc v
prova with which the speeches were hs const
fhc feeling of the lawyers present. me oViStS oSus
,innal Convention will have no easy work III ueeusn
g., tho host thod OF relieving tne ceurts III
~ oressure of cases ready for trial. Dut III the uis
sojution OF the superior city courts Is ueclvsu,
viii be accomplished In the race Oh h usoij iocaj ~
noston from many or the fneHpe! . VI s a.r,s IN IN
yhn recall the honorable history OF the COURTS III S'
past.
..rbe University Law Review, which Is unoer III
o,,,orial supervision OF Dean Abbott, has anon
H. arclas In the April number several OF specai use
,,,,oss discussion OF the loss OF pronts as an e''
, ., damages is valuable in bringing togetne
the recent decisions OF the courts as 70 ~ ha rr,ye
nich tho loss OF profits may or may not pe Piose
, M"ion "in,tnrs FOR damages. The most recent cas-
nuoted that OF Snow against Puitzer III Cnsr. s,e
preme Court has just been aftrnied az tns Soaa n,
hnneels Another valuable article Is entiIied Upn sIa
e trps Weighed. Rather than Counted me iiu. n.
will case and others are referred 70 III the cas-
era era sevpra others including only bare majorit
I ~ the Judges OF the highest cour, were VI III ,,s,
oninon The decision OF the highest cour9 nns h 20
l., | otti, heen generally approved by lawyers. Inc a.
any t ~ ths article argues that 1t is not the numos
- - tho Judges who have from first 10 laSt ptSs, :,
vnon the facts which should be CONSIDERED, ou. :,
l. number of those who nave mrclrea % ~ the Iawye
= sa hasn repeated and the opinions OF the JudH
!. Of the lower have been consiaeren tna co,,
cusssd maSry iSor thinks IN sns not only decide
. ssnsuy' but should usually obtain among Mwxe