Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-04-25
RIGHTEOUS JUDGMENT.

A: the Circuit Court, and CourI OF Oyer
and Irrminrr held last week a, Catskil his
Honor Judge Duerp,esiding, thu case OF Daniel
Johnson, VS.. Francis Say ar. was mid Tor the re-
covery Of dam ges alleged 10 have been sustain
ed by the overluning OF hackney coach, be-
tween Ca,skill and Albany, in which the plain
Tiff. General Root, anG ,wo other persons, were
passengers, and by which accident the plaintiff
was seriously injured. Evidence was called on
he part of he prosecution, TO prove the con
tract with the defendant for his transportation
from Catskll % Albany: also the upset. and the
-. - ;,;u., Gus ,u;;uvu. The defence set
up waS-Ihat he accident could not have been
guarded against;--tha, every preC autlon was
AIKEN BY the defendant, and that the misfortune
wa to be solely attributed 10 IN vital" acci-
den e.; also that the defendant had sustained 'e'
rIous Jury in the damage done 10 his carriage.
I, appeared in evidence that the accident was
occasoneG by deep gully or rut made by the
running Of wafer in tie road; hat the day was
cold and windy, and the road much out It re
D ,ir, Gin trurL il was never it, that II was
but little ,ravell, d during the summer; hat the
river had Just closed as far down as Athens or
Catskill, aud that this was The first time lhot
passengers had been conveyed TO Albany by
land. The Gliver Of course could not BE- ex-
pectcd TO be Intimately acquainted with the
then sta ui The reads. The horses, CARR age
and harness were admitted to have been good,
s. the driver one who had been IN tie employ OF
the defendant for FIVE years, and during tha'
time had sustained The character OF sober,
careful and skiful man in his business; that he
was driving down a gentle declivity upon
quick rot; that from the peculiarly OF the
ground (uuless previously Acquainted with ill.,
the danger could not be per' ived until it was
eli her impossible or very III ult 10 avoid IT.
tina, there were number Of post coaches which
had passed the same road he Gay previous, re-
turn.d about the same time, also conveyed pas.
sengers 70 Albany, all nf which passed in sale
" But a witness also testified that he pass
The road ht SAM evening, otter the hack over
turued with q common lumber wagon WI bout
springs; lbai he kept his eye on the road With
ut percsiving any difficulty Or danger, and that
while either on walk or slow 'rr', the wheel
struct ihe gulley ,nG was Instantly overturned.
The c. arge of the Court TO the Jury was 10
this efirct:-Thar, although IL apP' AIRED mat
the carriage was an ezra, aud not OF tlt reSu-
lar line of Stages, the same degree OF care and
caution was required; tina, ii WAS The duty OF
the defendant 10 furnish good horses, Carriage
and harness, and also TO provide the best pos
S!Olt driver, ana aIltI having uoHe A'lSi wv " al
still accountable for any accident that might
happen, whrh human skill and human fore
sight, accompanied by an extraordinary de-
gree Of vigilance and care might have toreseen
and prevented; that i, was the duty OF the de-
frndani 10 furnish driver who was well &C
quAinted with the road; that, had the driver
known Of this rut or gully b fore he passed 1t,
with an extraordinary drgree OF care and eau
tion he might have escaped, or in some way h've
avoided the accident; tina, altho' a lumb"r Wa
gon had upset in the same pot the same even
ing, still the fact that il had been passed IN sale
,y, was sufficient proof that the driver did not
use extraordinary care and cau ion, and II the
jury were Of the same opinion, IT WAS their du-
ty to render verdict for the plaintiff Verdict
Tor he plaintiff one hundred and hIy dollars
damages, aud six cents COSTS
Erastus Root vs.. Francis Sayre.- This action
was precisely similar to the one preceding, ami
the jury rendered verdict If two huneTed dol
lars for the plaintiff.
The Catsk,ll Recorder says an appeal from
these decisions has been made TO higher
court.
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