Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1849-02-01
0lj-Thc long agony is over.

OE-Thc long agony Is over.
The case of Latham Hull, OF North Ston.
ington, against the town of Richmond which
Court for this District, for the last three years,
was finally concluded on Saturday last, by
clear verdict in favor of the town, after a trial
of eleven days.
The novelty Of the suit, the first of the kind
ever tried in this State under cur statute Of
1914, which gives a remedy to an individual
against a town, who, in his person or prop
erty sastalns an injury, in consequence Of the
towns highway not being in good repair or
safe and convenient, the fact iha, there had
been four previous attempts 10 obtain ver-
dict, which were unsuccessful, the jury no,
being able to agree upon one, created much
interest and excited cons siderable share Of
feeling, in regard to this case.
Nj IT was travelling with his wife in
Buggy wagon, in October lStj, the Shamrock
high way in the town o. Richmond, and me,
therein, an OK team, loade with wood, where
it was extrcm. ly difficult for them TO pass, If
they could pass at all; instead of backing his
Wagon as it was contendcd could easily have
been done, ~ or three rods, to a safe and
proper turnout place, he Turned his horse and
Wagon from the travelled path of the high
way, into tie shrubs and bushes ady dining the
same his hSrsc became ungovernable and
Mr.. II. was with gre force thrown upon the
groun /, and his leg badly broken, either by
the hoof of t 'lc horse, or by the fall he sus-
tanned severe injury, was confined 10 his
house nearly six months, and made cripple
for life: lie laid his damages at six thousand
dollars.
1t was contendcd ty the town that the high
way was in as good repair as II had ever been
that hut a month before the acc!den', more
than the usual sum of money for lis repairs,
had been laid out upon il that there had new
er been any complaint made against 1t that
there were the like narrow places, in the tray
eled paths, in all, or most Of the highways,
in country towns that but for want oi oFdi-
nary care and common prudence on the part
of Mr.. Hull, the accident would not have hap
pened that he was negligent in not seeing
the team before he came IN contact with 1t and
turning his carriage out at the proper turnout
place that he was imprndent and showed a
want of Judgment, in adopting the course he
did. to extrlcate himself from tho difficulty he
got into that lud. and safe course could
have been by him taken that whether the
highway was in good repair or not, whether
il was safe and convenient, or otherwise, II
there was want of ordinary care, skill, pru-
dence, or Judgment on the part OF MIR. HUI,
and the accident was the consequence, he could
not recover in his action against the town.
Mr.. Hull coniended that his Wagon could
not be well or easily backed ; that his turning
his horse and Wagon out oithe travelled path,
situated at the time as he was, was neither
imprudent or inJudicious that others acting
upon the spur Oft the occasion, and the impul-
ses ofthc moment, as he did, would have done
the same that the narrow state OF the road
was. of It's sc { sufficient to show that II was
not safe ana convenient tndt IL eouiu Ha''
been. as il ought, to have been, wldened at
,riaing expense, four or five dollars only that
the bushes and limbs Of the trees which. hung
over the travelled path, SO obs,rucled his view,
that he could not see the OK team before he
Cound himself in collision with it. Many au-
,hori,ies were cited by the counsel for the town.
The counsel for Mr.. Hull contentcdthemselvcs
with references to the statutes of this State.
A, this last trial, at the request OF the jury,
the par, of the highway where the accident
happened, was by them viewed 1t Is conJec-
,ured. that this turned the scales, as IT has
been SAID that the hi i:h-way where the accident
happened, was not found, upon Inspection
% have pcen in 50 bad a state. or so dangerous
as many of the Plfl's witnesses seem to have
represented it to have been.
The court was holden by Judge Ptman,
who charged the jury with grca, ahlI'y' ana
,ook An impartial view ef the whole case
After the trial was over, one Of the Jurymcn
was heard to say that the Judge was to impair
rial. they could not tell which side he was on
and that after they retired to their room, they
l,I To- 90 over the whole ground themselves.
They were out upon the case bre hours, be-
fire agreeing upon verdict. The expencss
Of this sction have been srei, to both parties