Year: 1866

doe. not appear that the now complained OF was dscov
cred by the late Corporation Counsel who does not appear 20
correctness Of adopted and 10 which yielded the
trial doubt believing be correct rule The present
mass OF unfinished litigation Whci with his other dues
stany sccumulang rendered possible at TO inves
gate ell the cases IN his Office Yet this motion made
in little two months from his assumption Of Office.
The Counsel the Corporation independent depart
itants OF the oouA lie has charge Of and responsible for
the conduct Of al suits and proceedings against the city To
aud il is his duty independently Of any other department
defend the city and the taxable inhabitants thereof against all
ao bis duty whenever IN bis Judgment the interests OF the
city and its taxable Inhabitants require IT, TO institute lawful


be gtv none ,he less imperative whether the burden has
imposed through mistakes Of himself or OF his predeces
government The measure OF neglect which is applied 10
against individuals for their own acts or neglect for
Piled 10 public flncionaes representing parties who are
madO liable for acts or omissions OF which they are goran
modified FORM sappcabe such namely that the com
muny its representatives cannot owsys be supposed to Dc
NewYork has entire control their Counsel he being
elective officer to direct change bn and unless
the courts afford them protection relief when brought
to their notice serious losses might fall upon the City Treasury
by the neglect delinquency OF an irresponsible Official Inc
several adudicaons IN this which II so strongly
urged should DO regarded concluding the applicants upon
this motion do not afford It to me, sufficient reason
for Withholding the they seek TO obtain believe
oonmitd tho trial Of the action which should
not 80 uncoected he Court have power to correct It, And





his Judgment he has recovered more than the law
awards him. therefore, OF opinion that so much OF the
motion necessary 70 give the defendants tie relief they
seek should be granted terms Tho neglect TO eppy at
earlier day as to my mind sufficiently excused and
the defendants should not be urousy peudced by the de-
lay OF public Journal especially the plaintiff cannot
be injured except BY short proongaon OF bis action DO
not inend and shall be 80 understood that this de-
con sha be regarded precedent or as aording any en-
couragement relaxing proper attention to the defense oil
suits against the Corpoaiion In conducting the large law
deyoyng upon tho Counsel TO the Corporation mis-
takes and errors inevitable aud more less delay
cannot probably be ayoded but only IN clear casos OF
ousabe and papabe will the courts feel in
cned relieve the Corporation from the consequences OF
mistakes of the city officials have come 70 the ooncu'
sion with much hestAon. however that the order de-
nying the motion for new trial and the order Affirming
the should be set aside the resettod and re
argument ordered In other way, without the con-
the plaintiff the complained OF be corrected


order may be entered that unless the plaintiff within tyen
" days the entering and service Of the order upon this
decision stipuates in writing to deduct from his Judgment
the sum Of S5 with interest from Sept % 1853 then that
upon payment BY the defendants to the plaintiff OF all the costs


tho action trial. including tho costs Of tho appeal
10 the Court of Appeal be taxed and OF ton dollars costs
Of opposing this motion defendants have leave 10 resee
and reargue their motion for new trial at the Special
Term; and that the order denying the motion for new tra
Of the Justice and OF the Judgment a1irng
such and set asde the said appeal TO the
Appeals be dismissed and that until the decision OF
such motion oil proceedings the Judgment DO stopped