The Evening World

Justice Herman Joseph Tries a Case Out of Doors to Determine Point in Dispute in Damage Suit.

Civil Justice Herman Joseph held court to-day in the open air on the steps in front of the house at No. 308 East One Hundred and Twenty-fourth street to determine if the limb of a tree was low enough to carry away the top of a wagon.

Incidental to the opening of court Justice Joseph permitted the reporters to wear their hats and evicted a street sweeper for raising too much dust.

The published announcement that open-air court would be held to-day brought a crowd of many hundreds of persons to the scene, and the reserves from the East One Hundred and Twenty-sixth street station established a circular line about the steps, blocking the street and keeping the crowd at a respectful distance.

George A. Young, driver for the White Clover Dairy Company, was driving his wagon along One Hundred and Twenty-fourth street on Oct. 19 last, when the whole top was carried away by the limb of a tree at No. 308. The company sued the city for $155.50, the amount of the bill for repairs.

City Would Settle.

If Assistant Corporation Counsel Isaac Burden, Jr., said the city would settle in full if Young would drive his wagon again under the tree and show that the limb interfered with his progress. Justice Joseph then ordered that court should be held to-day under the tree.

Justice Joseph was accompanied to-day by his full staff, including Chief Clerk McDavitt, Court Officer Moran, Stenographer Lizell, and Clerk Norry.

Taking his place on the second step of the brown stairs Justice Joseph declared court open. A street sweeper in duck uniform came down the street making a furious dust with his broom.

"Evict that man from the court," demanded the Justice of Court Officer Moran. The white-wing was summarily chased a half block.

Then the court and its retinue posed for a number of photographs and after that delved into the intricacies of the case. Driver Young, in the repaired wagon, made a beautiful arc across the street and drove up under the tree.

The limb struck the top and was carrying it away, when Moran and a dozen other coppers grabbed the horse and threw it back on its haunches.

"Do you think the city wants to pay for another top?" demanded Moran.

But It Wasn't.

Mr. Burden contended that the new wagon was much higher than the old one, and that was the reason it struck the limb.

"Get a tape measure," said the Justice, "and we will find out."

No one had a tape measure and a policeman was despatched to an avenue store. Court took a recess in the interim and every one smoked. Every window up and down the street was filled with heads watching the unusual court proceedings.

Soon the cop came back with the tape measure and the wagon was sized up. It was only 7 feet 9 inches high, while the wagon which was damaged was 8 feet 4 inches.

Yet the lower wagon struck the limb.

"The city has lost its case," said the justice, "and as soon as I get down to my court-room I will order a verdict for the complainant. Court is now adjourned."

Every one went away and the counsel for the dairy bought cigars and other things for all in sight.

Immediately after he returned to court Judge Joseph decided the case in favor of the plaintiff and placed all the costs on the city.