The Republican journal., 1872-10-31

estaDllsneu III one OF these modes, did it occur
upon and in passing upon way which the
town had repaired and was liable to keen in re-
PAIR IN consequence of having thus repaired il?
NOW, as 10 the way, determine in your minds
whether it happened upon way established
ny prescription, or upon way that the town
mad been In the habit Of repairing within six
years next preceding the time of the happening
OF The accident. Where did the accident happan
upon the face of the earth? If you establish
mat TACT in your mind, or if it is established nv
the testimony In the case, then you will pro-
coed farther and ascertain whether that wnv
was defective. Call to your mind the testi-
monY now, upon that point. What are the
allegations in the writ, and what is theIproof in
regard to the condition of the road when the ac-
cldent actually took place? The charge in the
writ is that it was filled with stones and that it
was very Sdeling, both that part of it leading
from Stockton village to Bangor and that part of
IL leading from Stockton village to Searsport,
particularly about the corner What is the tes.
tlmony with regard to the allegation that the
| ROAD was sideling? How sideling is it: What
Is the extent of the decliyity, if any? You have
heaid Inc testimony coming from Mr.. Wingate,
| as ilatter OF judgement on his part upon this
| Polnt anu you have heard the testimony of
Mr. Hartman who made an actual survey,
| upon the same point. Is there any question
| that the road was sdeIing? judge We. from the
testimony; and if so how sideling was it: Was
| IL so sldellng as to render the road unsafe and
announcement Tor travellers, considering the pace
where 1t was and the extent of the use of IT,
anu the demands OF the public for the use of III
lneh, with regard to the rocks. Call your
naua intr III upon that branch OF the
| Ua,.rima, Ny ~ tne Pts, coming from Capt.
oouthworth and some other witnesses; and |
uhuei st'nu thal IL Is not denied by the detS.
| WIZ, may. 49,, 49, ipohs OF STONES there. but
| thn,, IL H. I'LL chalac'eI? now large were
they! How high were they; and were they
| such As to render that way unsafe and incon.
venient, or were they not: The burden of
th ~ t t',7 pi>' W estap'sh lhe lact mat
,,ar ~ Nt'uscs theSG ~ III the "rll, was
t , anu iiicoh' eiilehl. me hel9ht OF the
- f ooon gwen ny sone OF the Wit
rf" '"t tne pms Is Il mater OF Judgment
Nou w" , 10 ioul in@Ie' ha tneir form gwen
thnt oa ~. 70. non ,nlS tIluenS whether
At tbc fine of A.; n;amt ~ " ~ "astlers
der the rircnmStan"os ~ t a - w. nol' uI,-
then tbe daf a , ", rr ~ nav n'ie'l'
not narasSariIv liaiJ y. ., pit
tohIishe1 .nrt liz, ,th ~ piiH' ia't o.
7 win n.ll vnnr atto,I; f''po''''oho ~ winch
A. a nrinc AID W i,',, 49,. ...
asnrv riot th t tii - "'n .'oe' II ~ htc
iste,.a Of fly III, nav iiot,ee vi 'ne eA
n"ir II , Wy 't,seu eiect, 50 tht II might re-
I'd nt +it notI u'i''e fl'.iu ~ ~ pc a,'iiiil-
~ siIling M to Az no.,Ie VA. 'ne io'u was
were 80 r i l|;,,, no 'i!'e 'i,o sto!ies
tL, o i,'S anu projected so lar ABOVE the
1e - mas ptG'i ciailiied' pt!l that IL
t thS ~ ~ vas aii 'nal tlieIe were sueil
tho otI M a. WY aotu'Y upon lhe lare OF
Of tbn ir ul'.cI s.,.'iu 70 nt tse extent
aI 20 th o t.'e par vi the ueits III re-
S -" ~ t'io 'lues,loii vi hotce' Ana inns adj
th LA. euiii'cnl " opYiate the necessity OF
uf ~. i i't.i"',uollS any evidence thtt me
,1 nv ,ictt'al Hotee oi tie coh,ili,oh OF the
iii ~ '''' punt 'i'''S DC ieS''ueu lis estao-
M e., ~
ne. l,lIiier IL Is necessary iof the pIils TO
.ii' t.i'S ,'e''eiit occurred Sofety IN con
sequenGe vi lne ue'ectS, without any other
th a.'ill the 4electS cohtfh"hg to produce
NV, NV '''.i ' IL you liiu there Were detects
49,; uo!' 'o Mouiu ienI'ei 'iie way unsafe ana
''ao' No',,ehi' "u any oiner cause contribute 10
l.ouu'e tre acc'uenl! for IL Is monument up
oii 'iie pms. 10 SATISFY YOU ny balance OF tes-
t,'hohY tila the detects or DISTRACTIONS then to
'iie puptic travel We're the sole cause of the ac-
cluent iold any other cause contribute2
me plilS. are further bonnd to satisfy you
lhat me person in charge of the coach was in
the exercise of ordinary care. And what are
we to understand by ordinary care? There is
no mystery about it, gentlemen. 1t is simply
such care as Il person Of common understanding
ana prudence would exercise under like cir |
cumstahces. rust such care rs Il man of com |
mon prudence and Intelligence would exercise |
under those circumstances, the pltS. are bound |
10 SATISFY you, was exercised on that occasion |
by the person IN charge of the coach.
Ana It is further necessary that it should APP |
pear alnfmatlVeiy That 1t was suitable coach, |
ttitt the horses were suitable and the harnesses
was suitable, and that everything connected
WIN tue stage ana the management OF 1t. both |
IN 'he manner OF gong down the hill, and their
turning the corner,Was done with ordinary care. |
NOW. the PTS. nave introduced testimony
upon thls branch OF the case upon which they |
confidently rely 10 SHOW that such care was eX |
erciscds ANA TO whom would you he likely to
appeal ior correct information upon that sub
Jeetf 10 Whom nave the pills. appealed: 10
tile ufFef, IN lhe hrSt instance lie has related
10 you the circumstances that took place ar- |
coru'iiS !" hiS view ON tflat occasion, how he
came down that MIL long NIL, the degree of
speed according to ms judgement that the car |
rage was travelling near the top of the hill the
Sia"kehnS OF me speed as II appro tched the |
Uoih'r' th' put'ilS ana Keeping ms fnol upon |
we plaht' tne perfect coh'rol Whlch ne htd on |
ms nofseS, , Tue. manner IN winch he turned the
~ i',.,s .t Tue toach weeiS upon
t.io iG'o "eie iio!h tiie tothet WHeh ne passed
~ 'iia . NV AZ, .i tile horses liu passed from
NV ~ IN ~ mn tlle lel 10 Walk ''t the
NV, WI, .io o., N.Y. W. Ut u''pPeneu. |
.lat Taly ' n oilitl persons VINO We're III the
nI NJ pro n.oN ~ OK iai,' ~ stewart
NV ~: DIV, ~ al tApGI1thced urNeI upon
el. ". vi tlio ooaIli' "a' say tneF IN re-
iM 49, ~ tho iila',"e, III Whcn the staSe was |
'mem' sIe spte'' III coming "owh inc hl'i IN
appt va. ~ . l' ool ncl nnu III tuihihS me
t, "lnei ~ tney to'I opolate lhe "dlEef OF &c
illey iol: Di' T. tlley Know anu were they IKE
n w @ W IL t'le!e was any tuliig unusual!
umey a'lS nlolifG' ether vi an VI mem TO
i cohn'Ioi .h..i oppoi tunities lot
Fat.oh, titir interest," II any they nave, IN
p ,'t ielapits VI w1lt vi reliapillsy, ana
it; ilie '.oia ,ieni "Heiher the pms: nave
tnis III ahoh VI tiie case' 10 VII, thit
III "hsal was uoiie on M MAJ occasion, ordinary
I Man tAsiu.seu; iiien thelt was lhe man
iMolllply slaiiiiiis Gown IN the village witness
NJ ,"I iooi vi 'ie cartl'Se' YOU VIII con
,'o" ~; ussdiont a.so' Hnu see whether ihe
petH'h ~ ciiaISe vi .le coach at thaI ilhe was
III ~ ,iit eA -I; VI orohary care:
.' = c,alllleu On the par OF the pins. mat
W =, ',,iei es anu l.at Is tile manner
~ t.ie et'Se Mas ul,set tllat IL WAS uSe''
~, Eiotem.E, nol WIN Sret iofce: not with SO
s ioI,G 20 ~ pleseht ihe urNeF hhSeH
.,o,n a''SniS upon hs .tei' ana the other gen
.ieiiiali, MI. broWh. ana IL Is argued ahd
eilhtu Oh the part o! the pms thal IL the car
iiaSc h'u oeen lraEelS AT mat point with the
.at .nat = tlal'lie'l on the part OF the deits,
, ,lna. Tue injury 70 ne coach must nave been
yer, very severe ana Gefla'niy 10 more thah one OF
ne passengers mat Is the argument. The
aells. come IN anu say that there was not the
exercise on thitt occasion OF such care as the
Ia" requires not only that there was want of
ORDINARY care put mat there was absolutely
reckless driving, bolh IN coming down the hill
ana IN turning The corner; that the accident
was not occasioned by the decIvlty Of the way
OF by Ifla stones tnat projected Ii Iu pro-