DECIDED IN THE COURT OF APPEALS OF THE STATE OF NEW YORK, FROM AND INCLUDING A PORTION OF THE DECISIONS HANDED DOWN No. 144 NASSAU STREET. ALBANY: 475 BROADWAY. 1874. Ex'ered according to act of Congress, in the year one thousand eight hundred and seventy-four, Br G. HILTON SCRIBNER, Secretary of State of the State of New York, in trust for the benefit of the People of the Baid State, in the offic of the Librarian of Congress, at Washington; ALSO,-Entered according to act of Congress, in the year one thousand eight hundred and Seventy-four, DY BANKS & BROTHERS, in the office of the Librarian of Congress, at Washington. PREFACE. On the morning of the 22d of November, 875 the steamer Ville Du Havre came in collision with the ship Loche Earne, and sank in mid-ocean. Hon. RUFUS W. PECKHAM, one of the judges of the Court of Appeals, worn out by the arduous and unremit ting labors of his office, and hoping to find in change of scene and climate, and in a short respite from his duties, recuperated energies and renewed vigor, had taken passage in that unfortunate steamer; standing upon its deck, encouraging the affrighted ones around him. ca:mly and bravely he met his fate, and sank into an ocean grave. Thus the first vacancy in the new Court of Appeals has been created, and it is deemed appropriate to make this, the first volume published after that sad calamity, in a measure, a memorial volun:e. ALBANY, March 10th, 1874. II. E. SICKELS, State Reporter. 288234 |