The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1850-08-10
THE MEASURE OF DAMAGES.
Doe vs.. ROe-JMdge Swain on the Bench,

Doe VS.. Roe-Judge SUain on the Bench.
GEoRGIA-EMANUEL County.
This was ah action tor the recovery
Of damages, in cause which originated
in the following circumstances!
Roe, the defendant, was man far ad.
vahced in life; having been born him.
self; and afterwards reared up many
children, in Emanuel county, and still
having at the time this suit was pending
several small boys in his family. He
also had some go,d dogs about him, as
every farmer should have; two mischiev.
GUS goats, which he found it necessary
to keep chained together; and an old
gray mare, which was the only legacy,
in the shape Of property, he received
from his deceased father. This old
mare had been the only "miH-horse" " Of
the defendants lalhe9 during his life
time; and since she had descended TO the
son and heir Of her former owner, she
had been regularly employed, once a
week, to carry the grain to, and bring
the meal from the mill, without a rider
or guide. And it was her unvarying
custom, so soon as the bag Of grain was
placed upon her back, to set out for the
mill, where, when she arrived, and the
miller had taken the bag the two being
old acqua antances-she would browze
about until the meal was ready, and the
miller would call her up and replace
the bag, and of she would go towards
home! And in addition to these general
circumstances, the defendant, as it ap
peared by the testimony, had uniformly
through life taught his children the habit
and importance Of washing their feet
every night before going to bed-con
tending that it was both healthy and
cIeanly for boys who went barefoot in
3 summer And it was proved on the
trial OF the cause, that on the night "a
very dark one) Of the occurrence which
gave rise to this suit. while two of the
defendants boys were engaged in wash
ing their feet at the door of the dwell
ling, the dogs, the goats and the old gray
mare all quietly reposing in the yart
about the premises, there arsse dis
pute and at length scutfle bet|eet
= them; andBilL more Asisst Ihan in ear
= most, hissed the dogs at Ned; and th'
: dogs, imagining, it was thought, that i
j was an intimaton from their master II
. keep sharp look out for intruders OF
: his premises, leaped to their feet ant
set up tremendous barking, runninl
at tbs same time. by accident, in the dl
: roction Of the goats, which latter, in tn
Judgment oil the Court, supposiRg tha
! they were the object of the dogs pursuit
jumped to their feet, and, by chance,
was contendod by the defendants coun
sell, ran 10 the direction Of the old gfa
. mareI and, as admitted by all parties
, very mysteriously ranged themselves
= : one on each side Of her, while in a re
! cumbent position, the chain which boun
) them together passing up over her back
bone until it reached her withers, wher
It stopped; aud it was strongly argue
by counsel that this latter operatio
must have suddenly aroused the mar
from her quiet sIumbefs, and before sh
had time 10 recover her full senses sh
: rose to her feet, and finding somethn
like a bag OF grain across her back an
at her sides, she deliberately set out to
E the mill, as was her custom!
Arriving at the mill at late hour
r the night, the old mare contrived to max
8. noise enough about the door to awake
q the miller's wife; her husband beln
n absent, as she herself testified on tn
3. trial, she arose, aud with a lighted cal
g. die in her hand, approached and opene
n the outer door, Struck with amazemel
and fright at the first appearance OF II
old mare, with the two goats suspendt
: at her sides, she screamed, dropped II
candle, and ran into her own apartmen
y and in few minutes the mill was co
= sumed by FIRE. communicated by the ca
q die which had been dropped on the fio'
Is by the miller's wife.
y 1t was held tina, the owner OF the 0
r. mare was liable to the miller for dam
r. ges, and the only question in the ca
was-What should be the measure theT
Of? After tedious investigation Al
~ many learned arguments, his hon
Z Judge Swain was unable to decide, a.
~ ~ he afterwards carried it, mem con-, ?
" " Sc. to the Legislature, where it was Ia
i under the table!
Whatever may be the custom and laws o.