Wilmington daily commercial., 1874-12-09

NEW CASTLE, Dec ..
Court opened at the usual hour, Judges Woot-
ten d Houston on the bench. The examination
OF witnesses for the plaintiff in the case Of
James Brown, rs. Pusey d Rice, was continued
until u o'clock. Mr.. Nields, for the defence,
stated his case substantially as follows;
The defendants admit the contract made be-
tween them and Brown for the hire of the en-
gine during the winter season at prico OF S7j-
They were to use 1t ald return it IN ordinary
good condition, allowing all reasonable wear.
The defendants also claim that when it WAS
tried it was in very bad condition; that only 60
pounds of steam were used at any time, an
and that it was necessary for repairs to be done
to the engine before lhey could use it, aud that
they returned it in as good q condition as when
they took it into their possession save the nee
easary wear.
After calling several witnesses to sustain these
facts the defence rested their case
After brief review of the facts by M. Brad
ford for the plaintiff, Mr. Nields asked the Court
to charge the jury on the following points
| !. Any damage Detailing chatte while IN
the hands of bailee, without his misconduct,
and while the chattle was employed in the use
| for which it was bailed, must be sustained by
the baier that II the engine in question was
| hired by Pusey q Rice at Coatesyille, and in
prosecution OF that work without negligence or
careless treatment by them, became damaged,
| the defendants are not answerable for damages.
. When the loss or damage il shown, the
| proof of negligence or want OF due care, il
| thrown upon the bailer and the ballee s not
| bound to prove atfirmauvely that he used rea-
sonable care.
| 8. That it was the duty Of the plaintiff TO keep
| the engine in suitable order aud repair for the
purposes OF the bailment.
| Upon this last proposition the Court refused
to charge, holding that 1t fact for the jury.
After citing numerous authorities to sustain the
above points, Mr. Nields addressed the jury al
some length upon the testimony, contending that
that no negligence had been proven and that the
defendants in this suit could not Deshed liable.
| After Mr.. Nields concluded his argument Brad
ford replied, going over the evidence iu detail,
| arguing that gross negligence on the part OF the
| defendants had been proven, and that they were
| liable for any injury done the engine whilst in
| their possession. He cited authorities showing
the amount OF cash from the bailee for hire dut
the property bailed. MIR. Bradford concluded by
saying that he thought this an eminently proper
case TO receive a verdict for the plantin, aud
that he felt confident that the jury would render
| verdict for $500. tho amount of damages
claimed.
After brief charge by the Court the jur
retired TO their rooms.
The next case called was the remaining Grim
inal case of State rs. James Jackson and Edward
Bidlle indicted for the larceny OF 90 lbs o
Buckwheat hour from Israel L. HArman. rhey
We're found guilty aud sentenced each TO pa
$3.50 restitution money, costs Of prosecution
on Saturday next to receive ~ lashes, ~
months imprisonment aud to wear convict
jacket six months after their discharge iron
Jail.
The next case taken up was Benz Cook, u
| George Mackey. This was called merely to as
certain amount Of damages and the same jur
rendered Judgment for $50 the amour
claimed.
At o'clock the court commenced action upo
the application for liquor licenses, full repol
OF those granted aud refused will appear t.
morrow. A. II.