That by reason of the premises, the said Helen contracted a violent fever, produced by the said exposure, from which she has suffered in body and mind from that time to and until the commencement of this action, and has been very much weakened and enfeebled thereby.

That by reason of the wrongful misconduct of the said defendants, and their agents and servants acting under their authority and direction in the premises, as aforesaid, the said Helen hath sustained great and permanent injury in her health.

These plaintiffs further say, that they are informed and believe that the agents and servants having charge of the conveyance of these plaintiffs, acted under instructions received from said defendants, requiring them to detain the passengers, among whom these plaintiffs were, for upwards of a day on said railroad, whereas they could and should have conveyed the said passengers on the same in three or four hours at the farthest.

Wherefore these plaintiffs demand judgment against the said defendants for the damages sustained by reason of the injuries to the said plaintiff, Helen, to the amount of $25,000, besides costs.

WILLARD & ANDERSON,
Plaintiffs' Attorneys.

(No. 65.)

Against a physician for negligence and want of skill.

SUPREME COURT-GREENE COUNTY.

William Alger
agt.

William Telfair.

The plaintiff complains of the defendant:

That on or about the month of January, 1858, at Durham, Greene county, the said plaintiff met with an accident whereby his left arm was broken, and he thereupon employed the said defendant, for certain reasonable reward to be paid therefor to him, as a physician and surgeon, to set the said arm and dress the same for the said plaintiff.

That the said defendant was then practicing as a physician and surgeon at Cairo, Greene county, and the said defendant undertook to set and dress the said arm for the said plaintiff, and pretended that he had set the said arm.

The plaintiff avers that the defendant did not set and dress the said arm with reasonable care, skill and attention, as was his duty, but, on the contrary, so carelessly, unskillfully, negligently and improperly conducted and behaved himself, in and about the setting and taking care of said arm, that, by and through the carelessness, negligence, want of skill and improper conduct of the said defendant, the said plaintiff has been put to great pain and expense, his recovery to health and strength greatly retarded, his arm made, and still continues, and will, as the plaintiff believes, continue weak, crippled and crooked, and the plaintiff deprived of the use of his said arm, as he would have had if the same had been set and taken care of by the said defendant with proper and reasonable care and skill.

Wherefore the plaintiff demands judgment against the defendant for damages to the amount of $2,000, and costs. L. TREMAIN,

Plaintiff's Attorney.

(No. 66.)

Trespass to the person: Assault and battery.

Title of the Cause.

The plaintiff complains of the defendant, and alleges the following facts constituting his cause of action:

That on or about the 4th day of January, 1858, at the city of Troy, the abovenamed defendant assaulted said plaintiff, and beat him and struck him several violent blows on various parts of his body, and also threw the said plaintiff upon the ground and kicked him, by means whereof the plaintiff was hurt, and became and was sick and lame, and so continued to be for the space of four weeks then next following, during all which time the plaintiff suffered great pain and was prevented from transacting his ordinary business, and also thereby the plaintiff was forced to, and necessarily did, pay out large sums of money in endeavoring to be cured of the wounds and sickness aforesaid, occasioned as aforesaid.

Wherefore the plaintiff demands judgment, &c.

(No. 67.)

Trespass to the person: False imprisonment.

Title of the Cause.

The plaintiff complains of the defendant, and alleges the following facts constituting his cause of action.

That on or about the 6th day of February, 1858, the abovenamed defendant, at the city of Troy, assaulted the plaintiff, and with force compelled him to go from the dwelling-house of said plaintiff, in said city, into the public street, and thence to the police court in said city, and then and there imprisoned said plaintiff, and kept and detained him a prisoner, without any reasonable or probable cause or lawful authority, for the space of four hours, contrary to the law of this state and against the will of said plaintiff, by means of which the said plaintiff was greatly injured in his credit and circumstances, and was prevented from transacting his ordinary business, and otherwise injured, and has sustained damage to the amount of $300. Wherefore the plaintiff demands judgment, &c.

The abovenamed plaintiff, Glen Van Rensselaer, complains of the abovenamed defendants, the Hudson River Railroad Company:

That heretofore, viz., on the 1st day of October, 1850, and on divers other days and times between that day and the day of the commencement of this action, at the town of Greenbush, in the county of Rensselaer, the said defendants, without leave and wrongfully entered into and upon the farm and premises of which the plaintiff then was and ever since has been and now is the owner,1 and of which, before said trespasses by said defendants, this plaintiff was possessed, situated in the town of Greenbush and county of Rensselaer aforesaid, and bounded as follows, to wit: [insert description], and then and there broke up the ground on a part or strip of said farm, about six rods wide and about one hundred and seventy-five rods in length, northerly and southerly, through the centre or about the centre of said farm, and graded the said strip or part of said farm for the railroad of said defendants, and thereby rendered the same entirely unfit and

1 These allegations are sufficient in an action for trespass to real estate. It is not necessary to allege that the injury was committed "with force and arms," or was "against the peace of the people," &c., as in the old forms. (See Pleadings, 289, 290.)