That such being the condition of said wooden structure, used as aforesaid, said Elizabeth, on the said 14th day of October, 1853, being so employed as aforesaid, having occasion to do so, and being entirely ignorant of any danger, stepped into said privy, whereupon the whole structure immediately fell, precipitating said Elizabeth down upon the wheel of said mill, at the time in full motion, wounding and maiming her in the most horrid manner, insomuch that her life was and is greatly despaired of thereby. That, in consequence of said injuries, and to save the life of said Elizabeth, her right leg had to be and was amputated above the knee. That the left foot and toes of said Elizabeth were also wounded, crushed and greatly injured. That said Elizabeth, in consequence of said injuries, became sick, and so has ever since remained and continued, and has been obliged to, and has actually and necessarily paid large sums of money in and about the amputation of said leg, and in endeavoring to be healed and cured of said wound and injuries. That said Elizabeth, by means aforesaid, was and is permanently crippled and wholly disabled from attending to her accustomed business, or any business whatever, and was and is otherwise greatly injured and damnified. Wherefore said plaintiff claims judgment against said defendant for the sum of $6,000, with costs of this action. J. F. CRAWFORD, Plaintiff's Attorney. (No. 62.) Against a municipal corporation for damages occasioned by negligently constructing a drain and neglecting to keep it in order. SUPREME COURT-COUNTY OF ALBANY. Margaret Kirkpatrick agt. The Mayor, Aldermen and Commonalty of the city of Albany. Margaret Kirkpatrick, plaintiff, complains of the Mayor, Aldermen and Commonalty of the city of Albany, defenants: That the plaintiff was the owner and occupant of a building, situate upon South Pearl-street, known as number fifteen, on said street, in the city of Albany, wherein she carried on the business of a grocery and provision store; that there was crossing said street, under ground, from west to east and running under or near her said building, a culvert, drain or sewer, constructed by the defendants, and designed for conducting and carrying off the water running in the same, and also for carrying off the surface water, which flowed on said street and streets adjacent thereto, by means of side drains, with openings in said street running into and emptying in said culvert, drain or sewer; that there was situated at or near her said house, on Pearl-street, a side drain, emptying into said sewer, to carry off the surface water which flowed in and upon Pearl-street aforesaid, all of which culverts, sewers and drains the defendants were bound to keep in repair, and properly secured and freed from obstructions which would prevent the water from flowing freely into and through said drains, culverts and sewers, and they were bound to keep and maintain same in a proper condition and of sufficient capacity to carry off said water;1 and the plaintiff charges that the said side drains, culverts, sewer and main drain became filled up and obstructed, so that they would not carry off the water, yet the defendants refused and neglected to remove said obstructions,2 and keep said drains, sewer or culvert in proper condition and repair, by reason whereof the premises of the plaintiff were overflowed, and her building and fixtures, together with a large quantity of sugar, rice, flour, salt, and other articles of goods, wares and merchandise, groceries and provisions, then upon said premises, were damaged and destroyed, and the plaintiff was deprived of the use of her said building for a long space of time, and the same was damaged by means of the said water flowing into and upon the same. And the plaintiff further says, that the grade and level of the said street called South Pearl-street, aforesaid, and the side-walks thereof in front of her said building, had, previous to the committing of the injury hereinafter mentioned, been established for many years, and the side-walks paved and laid in front of said building, and the building itself constructed in accordance with said grade and level, and according to which the ground floor of her said building and store was above the level and grade of said 1 These allegations are legal conclusions, and are altogether unnecessary and superfluous. (See note, ante, p. 473.) 2 In an action against a city municipal corporation, to recover damages sustained in consequence of a grating over an area, and a side-walk being in a defective or unsafe condition, it is not enough, to entitle a plaintiff to recover, to prove that the covering was insecurely fastened at the time of the accident, and that by reason thereof, and without fault on his part, he was injured. Notice to the defendant of the neglect or negligence of duty in not ascertaining and remedying it must be shown. (McGinity v. Mayor of New-York, 5 Duer, 674.) street, and above the said side-walk, and then and there continually from thenceforth the said plaintiff had for herself, her servants, her customers, and for the proper, safe and profitable transaction of her business as a grocer, a way from said lot and building into, upon and along the said public street called Pearl-street, and so back again; yet the said defendants wrongfully and negligently filled up the said street and side-walk called Pearl-street, in front of and immediately adjoining the said premises of the said plaintiff, with large quantities of earth and stones, wood, gravel and other materials, and kept and continued the same for a long space of time, and did tear up, remove and destroy the pavement and side-walk of the said street called South Pearl-street, and did keep and continue the same so torn up, removed and destroyed for several months, and did destroy, alter, heighten and increase the grade and level of said South Pearl-street, in front of her said premises, and did raise and construct, and have continued until the present time, an embankment in front of her said premises, and raised the side-walks in front thereof, by means of which the ground floor of her said dwelling is sunk, and is much below the grade and level of said street, so fixed, established and being as aforesaid, so that the ground floor of her said store is much below said side-walk, by means whereof the surface water of the street has flowed in and upon her said premises, damaged and injured her said premises and her merchandise; and the value of her said premises and of her business as grocer, as aforesaid, has been greatly injured and reduced, and by means of which the said plaintiff has also been put to great expense in making repairs to her said building, and in repairing the damages and injury done thereto by defendants. And the plaintiff says, that by reason of the premises abovementioned, she has sustained damages to the amount of $1,500, for which amount she demands judgment against the defendants, besides costs of this suit. H. HARRIS, Plaintiff's Attorney. (No. 63.) For injury to the person of the plaintiff by the carelessness and negligence of the defendants. SUPERIOR COURT-CITY OF NEW-YORK. Nathan R. Lothrop agt. Anthony B. Allen and Richard L. Allen. The complaint of the abovenamed plaintiff respectfully shows: That before and at the time of the committing of the wrong and grievance hereinafter mentioned, and at the city of New-York, the said defendants were copartners in business, under the firm name of "A. B. Allen & Co.," and, as such copartners, occupied and enjoyed certain premises, situate in the upper part of a certain building in East Twenty-Fifth-street, in said city, known as the Empire Iron Works, for manufacturing and other purposes. That on or about the 28th day of July, in the year 1849, the said plaintiff, then, and for a long time previous thereto, being in the employ of Thomas J. Sloane & Co., who then occupied the lower part of said building, was lawfully engaged, together with others, by order and direction of said Sloane & Co., in pushing or rolling by hand through a doorway, into said building, a large iron |