The daily gazette., 1874-12-09
SECOND EDITION
Court Proceedings.

CASE OF JAMES BROWN vs. PusRY RIcE-v
WHAT IT COSTS TO STEAL HUcKwREAr--
oTKHR BusrNKss.
Especially Reported for the Gasstte.)
NEW CASTLE: Dec. 9Th, 1874.
Court opened at the usual hour. judges
Wootten and Houston on the bench.
The examination OF witnesses for the
plaintiff In the case of James Brown vs.
Pusey & Rice continued until l2 O'Clock. |
Mr.. Nislds, for the defence, stated his case
substantially as follows: g. /
The defendants admit the contract made
between them and brown for the hire OF the
engine during the winter season at price
OF $75. They were to us0it and return 1t
in ordinary good condition, allowing oil
reasonable wear. The defendants also
claim that when 1t was tried it was in very
good condition. That only Go pounds Of
steam were used at any time md that 1t was
necessary for repairs to be done to the en-
gine before they could use it, and that they
returned It In as good a condition as when
they took 1t Into their possession save the
necessary wear. After calling several wit
nesses to sustain these facts, the defence
rested their case.
Alter brief review of the facts by Mr..
Bradford for the plaintiff. Mr.. Nields asked
the court to charge the jury on the follow
4 Ing points;
81 /. Any damage beialliug chattle while
/. In tho hands Of baiIee without his miscon-
\ duct, and while the chattle was employed
In the use for which it was bailed, must be
q bailed by the baiior. That II the engine in
question was hired by Pusey & Rice o,
Coateaville, and in prosecution OF that work
. without negligence or careless treatment By
them, became damaged, the defendants ar:
not answerable for damages.
- a L. A. m., ,ll lxxrs
h the proof OF negligence or want ef due carr
is thrown upon the bailor, and the bailor /
.e not bound TO prove affirmatlvely that b.
70 used reasonable care.
g. That 1t was the duty Cf the plaintiff
=" to keep the engine In suitable order and re
pair for the purposes OF ba,lment
al Upon the last proposition the court re
!. fused to charge, holding that 1t was fat
~ for the Jury. After citing numerous au
oe thorities to sustain the above points, NJ
e, Nields addressed the jury at some leng!
IN upon the testimony, contending that I
=" negligence had been proven and that II
defendants in this suit could not be he
back.
Alter Mr.. Neilds concluded his argume
Mr.. Bradford replied, going over the ev
dence in detail, arguing that gros4 neg
IN geuce on the part Of tue defendants hi
ns been proven, aud that they were liable
nr any injury done the engine whilst In the
nd possession. He cited authorities shown
the amount OF care from the bailee Tor hi
Ks, was due the property bsiled. Mr.. Bradfo
concluded by saying that he thought II
!. an eminently proper case to receive We
ths diet for the plaintiff and that he felt can
ee. dent that the jury would render verd
II. for $500, the amount Of damages claimed
lie. After brief charge by the court the ju
lie. retired to their ROOM.
Vic. The next case called was the remaini
lie. criminal case, State Us. James Jackson a
Edward Riddle, indicted for the larceny
,,;o. 50 paunds OF buckwheat -four from Isr
the E. Harman. They were found guilty a
ace. sentenced each to $3.50 restitution mon
,lic. cosis OF prosecution, on Saturday next to
'lic ceive 20 lashes, undergo six months imI
A.. sonment, aud to wear convicts jacket
ona months after their dicharge from the jail
The next case taken up was Benz. Cl
the Us. George Mackey.
ace. This was called merely to ascertain
blic. amount Of damages, and the same j.
rendered judgment Tor $50; the amo
blic. claimed.
the At 6 o'clock the court commenced uI
ace NE the applications for liquor licenses.
blic. TO THE EDITOR.
,u. Dear iStr-You will not be able
'''' get the liquor license list until
blic. Court has Endorsed them all ''appr
ed" or mot approved" when Il
tho will be handed to the Clerk, fr
esSs' .p,;s whom only can I get them. asl
7 ' thc the Court this morning, and tina
eaeo what they told me.
! Have you got in your report to-.
:, =, this ? State VS. James Jackson and
ii that ward Biddle-larceny of 30 pound
,tiees buckwheat from I. A. Harman. {
% by victed and sentenced each to be W
ys% yanI ped with 20 lashes on Saturday n
!. the pay costs and So so restitution me
and months in Jail. II. Q.
mass hass New Castle, De
this The Jury in the case of James Br
the .,o pnsa,, x Rice raturned last nirht
nun a verdict of $l01 .l8 for plaintiff.
There is good authority for
ate. statement that liquor licenses
c,st,c granted to all who received them
iii he year.