The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1883-02-16
The County's Responsibility for Acct
dents on Public Roads
Lawder ys. The County Commissioner

Lawder VS.. The County Commissioners.
The case of Harry &. Lawder vs. The County
Commissioners of Hartford county, for damages
sustained by the plaintiff by being overturned
in his buggy, on Covers Hill, near llavre de
Grace, was begun in the Circuit Court on Wed.
nesday. The amount claimed is So, 600 Messrs.
Farnandis and Stump appeared for the plaintiff,
and Messrs Henry W. Archer and Henry w.
Archer, Dr., represented the county.
Mr.. Stump, for the plaintiff, made brief
statement of the facts in the case which would
be shown by the evidence. He said the County
Commissioners could levy as much as they saw
proper for repairing the roads. The taxes were
paid cheerfully and the Taxpayers had right
to expect that the roads shall be kept in
good condition.
Mr.. Archer, in addressing the jury, said that
Ne Ne 6i1fence would show that there was no negli
gence on the part of the County Commissioners
in regard to repairing this road that large sums
of money had been expended on it; that at the
point where the accident occurred there was q
feet of clear safe roadway, and 81 feet covered
by wagon tiacks-room enough for careful
driver to have passed the wagon, which was the
cause of the accident; that the accident did
not occur in the road, but outside fit; that
the spot is within the corporate limits of the
city of Havre de Grace, the authorities of which
| have ample powers to collect money by taxa
ton for the purpose of keeping their roads ant
streets in repair; that even If this were not the
fact, no damages could be claimed If 1t could be
shown that the plaintiff had not used due care
| in driving. Mr.. Archer said he might Oh
iect TO the title of the case, but would not There
was misnomerin the title. The case should
be entitled Mr.. Lawder vs. Hartford county as al
insurance company against accidents
MIR. l.awder testified that ON the III o
August, 1851, he was going from Hayre de Grace
| in his buggy with Judge Stump to the farm o
the latter, 10 buy his cattle. They overtool
wagon loaded with canned goods, on Gover,'
| Hill, and passed it safely. Shortly afterward:
saw two wagons, also loaded with cans, coming
down the hill. They attempted to pass TN
first, and had gotten FAR enough Tor tneir morse
head to be opposite the wagon They mgh
have passed safely, but the rafting of the can
frightened their horse, which backed and wheel
ing suddenly around precpitated the buggy
with himself and Judge Stump into deep gul
ley. lie was cut about the head and SUSTAINED
a severe nervous shock. There was not more thai
9 feet clear space between his buggy wheels ant
the gulley, and the wagon was as near the othe
side of the road as 1t could safely go.
Dr. }. II. Cochran testified to the extent o
Mr. Lawder's injuries, and the amount oil III
| bill for medical attendance. Upon cross exam
nation he said he had often travelled the road il
question and had never considered 1t dangerous
Judge Frederick Stump, OF Cecil county, MI
Lawder's companion In the accident, was IN
next witness. His testimony corroborated ina
of Mr.. I.awder He said that they might hay
passed safely if the horse had not become fright
ened that Mr.. Lawder cut the horse to max
! 1t 90 on. He thought the gulley was within
the line of the road. There are number of nal
row places and deep gullies in the road som
of the gulleys approaching close TO TN
often wondered why somebody had not broke
his neck on 1t.
On Thursday Wesley Williams, j. Fran
Jones and Irving Hopkins testified that with Mi
Lawder they measured the road at the spo
where the accident occurred, and found 1t TO b
IS feet from cedar Tree on one side to the gu
ley on the other.
DR.. W. w. Hopkins testified that he ha
travelled the road for ID or 20 years. 1t was nc
safe for travel before Mr.. Lawder's accident
The road was repaired three months afterward:
} A sufficient amount had not been appropriate
to mend it, The Commissioners spent thre
or four hundred dollars on the road, and di
not derive more than $50 benefit.
! Mr. George Harris, general road supervise
testified that he had mendcd the road in que
ton I'm 1880 he spent $50 on It, In 1881
spent $3.50 on it, before the accident occurred
He had rprapped several places along the gu
lev. Since the accident he had riprapped on
or more places. He did not consider it coul
ty road.
TJos. Bradfield and james Bradfeld, and Davi
and John James, colorcd, testified for the plail
tiff. Mr.. C. w. Proctor, Clerk Of the Count
Commissioners, and Col. j. T. Fricze, Mayor
Havre de Grace, were called for the defence
The case will be resumed Friday morning.