The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-06-13
SUPREME COURT CASES
Decisions Given in Trenton
Yesterday Hudson
County Causes.
Especial to "The Jersey city News. z

TRENTON, June 10, 1S99.-The Supreme
Court yesterday announced its findings
in q majority of the cases argued before
it at the February term. The expected
decision in the disbarment case against
former Assemblyman Frank McDermit,
of Newark, failed to materialize, but 1T
will probably be given before the end
of the present month.
The Court set aside the tax levied un-
| der tne miscellaneous corporation act, py
the State Board of Assessors against the
New Jersey Zinc Company. The assess
ment is set aside on the ground that
the company has fifty per cent OF ITS
eanital stock invested in mining in the
state, and that therefore it Is exempted
from a State franchise tax.
The demurrers are overruled with costs
in the case of Hagan against the Jersey
city, Hoboken and Rutherford Eiec'rpc
Railway Company. The opinion IS ny
Justice Collins.
The rule to show cause is mace apso-
lute in the case of Hanson VS.. North
Jersey Street Railway Company, Inc
Court holding that the verdict was so
clearly against the weight of the evidence
as to warrant its being vacated
In the case of Reynolds and others
against the Town of West Hoboken, the
writ of certiorari is dismissed, the court
holding that the proper remedy is IN the
Court of Chancery.
The rule is made absolute in the case
of Schnaell and others against uie
North Hudson Railway Company. A
verdict for $40, 600 for the husband and
s.. 900 damages for the wife IS set asloe'
the Court holding that these awaruS
were clearly excessive and against the
weight of the evidence.
In the case of Anderson against the
Jersey City Electric Light Company the
demurrer is overruled. Justice Garrison
in announcing the decision said:-"one
who lses. controls and manages an elec-
tric current of high destructive power III
a Mace where it is reasonably probable
that others must enter to work, owes 10
each person who SO enters a duty to use
reasonable care to maintain a proper ~
s~ulation of such current
The rule to show cause is made absolute
in the case of Charles Forham against the
Consolidated Traction Company. Form
mar recovered $1,000 damages Tor haVnls
been forcibly evicted from a car OF the
trolley ompan and the Court holos tnat
the company cannot be charged WIN
primitive damages for the wanton con.
duct of a servant unless the prlnclpal
participated in the wrongful act. ana the
verdict is therefore set aside
The conviction of Thomas Raney In the
Hudson Quarter Sessions is affirmed. An
effort was made to have the Judgment re-
versed on the ground that Raney suffered
manifest wrong by not having counsel al
the trial. The Chief Justice, in deciding
the case. said: 1.-The right of an accused
in a. criminal prosecution to have the as
sistance of counsel in his defense. guaran-
teed by the last clause of So OF Article l
of the constitution, MAJ be waived. When
the record and bill of exceptions do NOT
show any request for the assignment OF
counsel made or refused, but My snow
that no counsel appeared for accused, no
error is disclosed, for it will be pre-
slrmed that the accused did not desire the
assistance of counsel. Failure to apply
for the assignment of counsel indicates a.
waiver of the right to have the assistance
of counsel.
The Hudson Circuit is advised to dis
charge the rule in the case of Brundg Al
showskI VS.. Thomas Hill. The case was
before the court, asking advice respecting
a rule to show cause why a new trial
should not be granted. The court holds
that the case is insufficient to warrant
the verdict.
A new trial Is denied in the case Of
Thomas ellis against the Consolidated
Traction Co. ellis recovered a verdict Of
$125 against h company.
The judgment of the Hudson Circuit
Court in the case of Thomas Gallagher
VS.. Horace Mcbride is reversed on the
ground that Judge Nevius refused TO
charge the jury that the plaintiff must
establish the written contract