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them for the purpose of making repairs, or otherwise, and said defendants had knowledge thereof, and that said cars were so constructed, and that it was unsafe to go between them.

And plaintiff further alleges, that while he was so employed between said cars, as aforesaid, at the time aforesaid, the said defendants, by their agents and servants, wrongfully, negligently and at an improper and unusual time, caused a locomotive or engine, propelled by steam, to be driven upon said track, and propelled with great force and speed upon and against one of said cars between which plaintiff was standing as aforesaid, or upon and against a car, standing upon said track, forming a connection with those between which plaintiff was at work, and thereby wrongfully and negligently caused said cars between which plaintiff was standing to be brought violently into collision, and by and in consequence of the carelessness and negligence of the defendants in causing and allowing said repairs to be made in the unsafe and improper place aforesaid, and by and in consequence of the aforesaid improper construction of said car, and by the negligence, carelessness and improper conduct of the defendants, their agents and servants, in allowing said cars to be brought into collision as aforesaid, the plaintiff was caught and crushed between said cars, and his hips, abdomen and back were greatly bruised and fractured, his hand lacerated and rendered nearly useless, and he was otherwise greatly hurt, bruised and injured, and remained for a long time sick, suffering great pain, and has continued and is lame and disabled, and believes he will always so continue and remain; and during all the time aforesaid he has been thereby prevented from performing his ordinary business, and has been obliged to, and has paid and incurred much expense in endeavoring to be healed of the injuries and sickness aforesaid, and was otherwise greatly injured and damaged.

Wherefore the plaintiff demands judgment against the defendants, for the injuries and damages aforesaid, to the amount of $10,000, besides the costs of this action.

MILLARD & KING,

Plaintiff's Attorneys.

(No. 81.)

Against a railroad company, for damages caused by running

ferry boat, in their employ, into a canal boat, through the negligence of defendants' agents.

SUPREME COURT-COUNTY OF HERKIMER.

John W. Bridenbecker and Wm. Campbell

agt. The Hudson River Railroad Company.

The complaint of the abovenamed plaintiffs respectfully shows to this court:

That the abovenamed defendant, by its agents or servants, on or about the 20th day of August, 1854, on the river commonly called the Hudson or North river, and adjacent to the city and county of Albany, so carelessly, negligently and improperly run, drove, propelled and managed, or caused to be run, driven, propelled and managed, a certain boat, commonly called a ferry boat, then

" It will be observed that the complaint does not contain the usual allegation that the defendant is a corporation, &c. As to the necessity of such an allegation, see note, ante, p. 507.

and there in the employ and business of the defendant, and which the said agents or servants were then and there running, driving, propelling and managing, or causing to be run, driven, propelled or managed, in the employment and business of the defendant, in, along and across said river, that by and through the carelessness, negligence and improper conduct of the said agents or servants of the said defendant, the said boat then and there run and struck, with great force and violence, upon and against a certain boat of the said plaintiffs, commonly called a canal or bull-head boat, of great value, to wit, of the value of $3,000, which was then and there being propelled and navigated on and along said river, and thereby then and there greatly stove, broke to pieces, strained, damaged and spoiled the said boat of the plaintiffs, by means whereof the plaintiffs were delayed and hindered in the use and employment of their said boat, and in the employment of their captain and hands engaged to navigate their said boat, and were forced and obliged to and did necessarily pay, lay out and expend a large sum of money, to wit, the sum of $600, in and about the repairing their said boat so damaged as aforesaid.

Wherefore the plaintiffs demand judgment against the defendants for the sum of $1,000, besides costs.

GEO. B. JUDD,

Plaintiffs' Attorney.

The complaint contained another statement, slightly varied, of the same cause of action, which is omitted as an improper repetition.

65

( No. 82.)

Against a railroad company, for injuries occasioned by

carelessly running into an omnibus on a public street.

SUPERIOR COURT-CITY OF NEW-YORK.

Daniel Owen and Jeremiah G. Lugar

agt. The Hudson River Railroad Company.

The abovenamed plaintiffs complain of the abovenamed defendants, and say:

That previously to and at the time of the occurrences hereinafter set forth, the plaintiffs were copartners in the business of carrying passengers, by means of divers public omnibus coaches, in and through certain of the streets of the city of New-York, and the defendants, a company duly incorporated by the laws of the State of New York, also doing business therein.

And for a first cause of action the plaintiffs complain, that on or about the 23d day of February, A. D. 1853, at the city of New York, the defendants, through their agents or servants, or persons under their direction or control, or in their employ, in the ordinary course of and while prosecuting the defendants' business, carelessly, negligently and without any reasonable or just cause or necessity therefor, and without any fault or blame whatever on the part of the plaintiffs or their agents or servants, with a certain car or cars, to the defendants belonging, and then in motion through one of the streets in the said city, viz., the Tenth-avenue, near Twenty-Fourth-street, ran or drove against, or otherwise came into collision with, a certain omnibus stage, of and belonging to the plaintiffs, then being driven by one of the plaintiffs' agents or servants, in the pursuit of the plaintiffs' business, through the said street or avenue, by means whereof the said stage was greatly damaged and injured, and the plaintiffs were put to great trouble and expense in repairing the same, and suffered great loss and inconvenience in their business, by being deprived of the use thereof for the period of eight weeks or thereabouts, and otherwise sustained and were subjected to great expense and loss by reason of the premises, to wit, to the amount of $750, as the plaintiffs charge and believe. 1 Wherefore the plaintiffs demand judgment for, &c. VAN DER HEYDEN & VAN DOREN,

Plaintiffs' Attorneys.

| The complaint set forth, in a similar way, another cause of action for a different injury, sustained at another time, and, in addition to the ordinary damages, alleged, by way of special damages, that one of the passengers in the omnibus, who had been injured by the collision, had recovered judgment against the omnibus proprietors for $4,087.50, which had been compromised for $2,000. The plaintiffs, however, did not recover upon this part of their claim.

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