The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1816-12-04
otal

NEUTRALITY-SUSPICIOUS. COURT.
Laso Cas- itcher ps ShQU.
This was an action In the case broue h,
by The plaintiff, Ia recover OF the de-
PENDANT, who is livery stable keep
ED damages for rrgHg entity and ua
akfkfuiiy harnessing . horse 10 one
horse wagon, furnished 10 the plain
TIFF by the defendant.
The cause camc on to trial before his
honor Richard Riier, recorder, at The
present November terra of this
court.
Geo. w. Niven, and } of couust for the
William N: Price. s plaintiff.
George Griffin, of counsel FOX deren
dant.
The character of the horse was adj
miled to be gentle and kind in harness.
twas IN evidence, that the horse
was harnessed to the Wagon by the
servants of the defendant, III the alb
SERGE OF the defendant.
II was also in evidence, that the
plaintiff and MS servants were in the
wagon AMI whiie descending hill
about four miles from the CITY the
horse took fright in consequence oil
the wagons touching his heels and
IN passing down the hill, upset
the ystti 81 ca used the mi cry
the piaiDliF and servants complained
OF. Il was also in evidence, that tie
wagon was considerably injured, which
was the defendants loss
The plaintiffs counsel rested their
cause upon the evidence cffered-,hst
the servants Of the defendant on har-
Messing the horse to the wagon. ncr-
tecfed to make the traces Of sufficien.
length tc.ciear the wagon Of the horse
Which point was contested by the
Defendants counsel,
The recorder, in his charge to the
Jury, stated the law To be "That in all
cases where damage accrues to ar
other, by the negligence, ignorance or
misbehaUiour of person in the duty
of his trade or calling, an action on the
case will lie to redress such injury
And it is no excuse for a defendant
that the act was inUoianfary on his part.
for every NJ an IN his trade OF calling is
presumed TO have sufficient skill in
such, his trade or calling, and is bound
to exercise due care and for his acts OF
folly or want of due care ADD caotionrh he
shall, in this action respond TO the party
injured in damages. And that the O.
mission or negligence Of the servant, in
this respect, is, in point Of law, the o
mission or negligence OF The master.
The Jury after retiring few min
utes returned into court with yerdic!
for the plaintiff
The court and jury deserve grea
! credit for their attention and patieDc'
through tho progress Of cause
which, from its importance to the safe
| ty OF the citizens, who are Becessarh,
obliged TO hire carriages, and from il
novelty in our courts, absorbed the da
in long examination of Evidence an
principle.
The following letter, adddessed to
gentleman in Savannah, by another j
England, throws considerable light o
the gallant General Nina, and com
pletely exculpates him from the charg
Of imL osture, which short time sine
appeared in The Paris papers;
8dU. Ref
London, SEPT. 25. 1916.
From my knowledge Of person
and circumstances here, I am awai
that you have had 10 the United STATE
, General MfNA; who IL is believe
here, will be pa'ronized By our Cover
ment, or by citizens, ia the noble Ell
erprise of g.yiog freedom to SON
part of the Spanish American pre-
vinces. A very curious letter date
Paris, Sept -, appeared in the &
zetIes few days ago, signed Espoz
8 ! Nina, which declares Xavier Mir
now in America, an impostor rot {