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1 Mayor, Aldermen and Commonalty of the City of New York, Ad'sm. James Bailey, Senior, John Bailey and Abraham Bailey 1843

handle is hein.trials/myraldcm0001 and id is 1 raw text is: 







SUPREME COUI RI


The M1lvoi, ALDERI.MEN and ( 'ux-
MONALTY Of tie City of New York,
              Ad'sm.
JAMES BAILEY, Senior, JOHNB.ILEY
       and ABRAHAM BAILEY.

  This was an action on the case for damages, for negligence
in the construction of the Croton Darn in the County of
W estchester, as averred by the plaintiffs in their (declaration.
The defendants pleaded the general issae. Either party has
leave to refer to the pleadings on the argument.
  The cause came on to be tried at Bedford, in the County
of Westchester, on the twelfth day of June, 1S13, in the
Term of May, one thousand eight hundred and forty-three,
befiore the Hon. Charles H. Rugles, Circuit Judge. At
which day and place, came as well the said James Bai- I
ley, senior, John Bailey and Abraharn Bailey, plaintiffs,
as the said the Mayor, Aldermen and Comiumamialty of the
City of New York, defendants, by their respective attorneys
aforesaid, and the Jurors of the jury of the said Coutity of
Westchester, empannelled to try the said issue, being called,
also came, and were then ard there in dLe manner el Ch, en,
tried and sworn to try the said issue. And upon the trial of
the said issue, the consel learned in the law, for the said
plaintiffs, gave in evidence to the Jury the following
Acts of the Legislature, viz:                        2
  An Act entitled, An Act for the appointment of Coia-
missioners in relation to supplying the City of New York
with pure and wholesome water, passed February 26, 1S33.
And also an Act entitled  An Act to provide for supplying
the City of New York with pure and wholesome water,';
passed May 2d, 1834.

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