New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-16
FROM BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COURTS.

Il
work County will occupy the attention of courts
and LAWYERS for the next few months Inc power
70 change the county lines In the manner IN WIZ"
I, WAS accomplished Is itself questioned thous"
the preyious extension of New-Nork County 10 III
cludc the towns which form the present Twenty
third and Twenty fourth wards vas not success
fully attacked The Constitution in which the SEN
ate districts are defined includes In the NNis' lis
trict "aH that part OF the County of New-forN ho'
herenbefore described" and those who oppose me
legality Of annexation believe that the words REFER
onlv 70 the county as IT existed when the Consu-
,.ior ,vas adonteI on the other hand the super
visors or Common Council must under TIE ro'S. s
tuition divide the counties INTO AssefnplS "s
must he those which exist when the appor i,
is made. and the VILLAGES OF East Ches'er ana york
county when the Aldermen voted uion the 49, 20,
onmen The courts wJnl n Wien would as
franchisc voters one cause Of rongratulatlon -
The clear mower possessed by the courts 10 review
,ho whole subject The Constitution provides that
"An apportionment by the Legislature. or other
Couri AZ the suit of any citizen. under such rea-
sonabie regulations as the Legislature may pro
vide" and the courts are order'' 10 give P''0
dence to all apportonment cases
The DELAY in securing jurios to try important
cases recently will have served good purpose Il
il leads TO wise reform Of the system Justice
Barrett has forcibly experienced the uconveneh'eS
and dangers OF the present system and he VIII be
able IN make the most valuable suggestions Tor the
reform The formation OF special list OF jurors
for the trial Of important cases would an'rd
satisfactory solution OF the difficulty II the S'''
ton OF the special Jurymcn were intrust"d 10 per
sons in whom the public had confidence. Even
the Grand Jury list has. however been attacK,u
within "A few years on the ground mat th' In.'''y
OF the Grand Juries was noi as hsh a. a. ma, o ~
similar bodies ten fifteen years ago. IN" -
EST care would bc necessary 10 secure importantly.
Another plan suggested is that tfial sonr' 81 a
supreme Court Justice sitting At ChamhcrS nr u"
lowed 10 appont "A special commissioner To select a
list Of impartial persons to be- suimi"nc i ,hcn
strike III the names OF the jurors 10 whom my
object. and trial jury be made UP '''"' '''''''
not stricken OH.
one Of the most complicated OF New-fork law
suits was that Of Oliphant against Burns. IN "n''h
the Court OF Appeals recently rendered Il ''''S'o"
Litigation over the Westchcster County property
tho ownership OF which Is At ISSUE. has lasted
nearly TWENTY-FIVE years. Whom the cas-" IN ITS
earlier form was before the Court OF Appeals IN
ISL II was decided by a bench 81 Judges. ~ whom
onlv one the present chief Justice. sim retains his
place in the court. MI the others. except Judge
Earl. have died All the original parties to the lit-
cation have died or have passed ont Of he case
The land OF which the ownership - IN iueHS,,'"m -
Part Of large plot iorm,fE os UanSv D. cnpp
Tnere were mortgages. partial releases ana va
r nenf i be,wrs Thomas a~lcy and his VIE
and Iiawl"y -. Clapp. ali 81 %hlch sem" GU o.
suit, In the later the purchase at tax sales
Of part OF the property adi.'l nov aus OF
perplcxity The action Il the over courts IN d'.-
regarding the purchases under tn tax sales Is
affirmed by the higher court. and the Oh mort
gage and the tripartiic agreement are H'" S'S
tanned as liens on the property
The opinion delivered fcv days ago by Judge
Hlschon IL the General Term % The Court ~
Common Pleas on the liability % district t"l"-
,-,h conr,ri.s for loss Is he car.lrssr'ss ~
messengers il ~ great Importance to IN" business
community Some technical errors prevented ~"
anirnancc - fhe verdict replercl against me us
tr,si TELEGRAPH Company but Judge iiscN'N WIN
his usual careflness and close research brings TOE
reihor 4 large number 90 decisions which may
AFFORD ground FOR defining precisely the duties AM
rcspoiSln,l, ~. ii-,r.l - h.. a common
80. T.. hiss.ss WIS affected with a public
,uf.r.s, and II WAS bound - .'rN" without H's-
n-,,l,o,iou ali alp.icnfts who were willing io pay
&C. r,bln ga rs.s ard submit 90 US reasonable
regulations The company "hS held - a i's''' ~"
caro- k. that ~ an insurer . ne sn'' delivery or
ID and 4, could be- ahsoly,l = ~ responsibility
only by some act of higher POKER or "i "a fnDli'
enemy Tho company sought to 'scaic hh.ilii.s
,rcatise the person who lnirustel me property To-
the messenger vas Only an employ" "t We n"'.N
,~as On his private business. am not on hat ~
Inc bank The Court did not consider ms aisn-
mcnt Important
The decision u the Circuit Court - Chicago
I'm The. proceeding begun IN ID" nam" ~ the STATE
against the Pullman Palac" car Company las
down principles Of importance IN defining ihc
movers Of corporations IN holding properly AMI
,ransacting business rot closely within me MAJ"
ohiec; 81 the corIoratOn's existence m" action
vas begun ia the nam" Of the STAT" hF ~" Al
,,-,.v General 10 test the rights OF the Pullman
conu,nv 10 buy land and erect cottages FOR %"
men employed in IL SHOPS and 70 provide public
buildings and furnish water. Hight. heat AMI drain
age for th.. inhabitants ~ thr toxin Tn decision
Is on IN. demurrer filed by ID" Attorney e" neral
10 the pleas entered by the company. ana doe" not
finally dispose 81 the whoc case. The Corrt hNlis
cnpi as 70 the charges ~ holding IN" capital - x
Of the Pullman Iron ana Steel COMPANY. = -Nh~il-
ihroc acres - vacant land The sale 81 intoN.ca'
ing liquors In he dinns-room cars "'s on" :" ~, n
company. but The Judge does no, consider this -
be IN violation 81 ~ 'ha,,r n,nu}nrpn ns and
use cars with all convenient app"nlaE's ana sup
MICS FOR ,,crsons travelling therein" JuGg" Bak'r
saws nat he has not been able TO find any an-
thoriiy 10 whether wines ana liquors are s'h.
yenisn, sIpen '9 9Iom ,he Of Easihamp
ton Long Island. In 1865. In which II was Rr,yinri
be sold By an authorized person % any one cltzrn
and a double portion might be sold t. ThF'ii'r
~ the IT s Appointed - ell thc sain' zoe
So Y, hts nelc doth call for II VI II may be Tor
his comfort"
The Supreme Court Of Onto recently decided tho
case Of "thc railway company against Salzman,
which has been three times tried. ana In whi'h
a verdict OF $500 In favor OF Mr.. Salzman mas
finally been affirmed Mr.. Saznan was passen-
a
passenger sitting in front of him was taken SICK.
4 doctor who was the train vas sent for ana
said that a place must be found where the sick
man could lie down AZ the train began TO move
moro slowly in approa ching "A station. the doctor
and some OF the passengers. among whom was Mr.
Salzman started To carry the sick man back into
n caboose which at the end OF the train. II
was in the night time. and there vas space be-
tween the platform OF the passenger car ana That
Of the cabOose. Mr.. SalZman fell between IN" iw,
platforms as he was CARRYING the man across ana
was Injured. The ohio Supreme Court afilrins that
IL is "A duty Of the railroad company to take rea-
entering It's cars. Such care must be- exercised a.
is fairly practicable with the facilities at hand
| vlfhnut unreasonable delay of The train or dis
comfort 10 the other passengers II was also held
that the passenger assisting In the car" Of the SICK
rrson was entitled least ordinary care on tho
part OF the company and It's agents for his pro-
/ lection from injury. 40 exactly similar was
referred 10 but the decisions cited seemed 10 sus
| tain the general principles on which the liability
IL, H. Mod.