The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1886-12-09
contributions and render your verd:es

contributions and render your verd:es
accordingly.
| You will determine from all this evt->-
\ Gepce how much less valuable the
lands OF the plaintiff is now than il
would be but for .he acts of the defend
| ant COIN planned OF in the petition and
! the consequences thereof, and that diff
| ference is the amount the plaintiff would
| be entitled 20 recover, if YOU ind him
entitled 20 any verdict At your hands. By
/ the evidence you have heard and the
| law given you in charge rs applicable
| thereto.
! Remembering where the burden OF
prcof rests upon the several questions,
you will weigh this evidence snd deter
! mine what the truth is.
! 1t is for you to weigh the evidence. to
] place your own value upon the testiDo
| ny of each OF the witnesses that hay 9
! testified before you.
| You have seen the witnesses upon the
stand, heard them testify, observed their
manner while under eXamipation.
! They have been subjected 10 eross-ex-
animation in your presence. All the
means afforded by the law for the sitting
evidence and the ascertainment Of the
truth.
! AlfGuestions of fact in this case are for
yuu to determine. With them the couS:.
| h Is nothing 10 do. -
| Questions of Law, rules Of evidence to
| re applied, the competency of evidence
! to be submitted. ATE questions tor tho
/ court Ii is your duty to receive from
and apply the same as given by the
court when you come TO investigate this
ease.
ought TO say to you, perhaps, that
the greater weight OF the evidence Is not
determined alone By the number OF wit
esses. The Intelligence OF the witnesses,
their means of Information touching the
matters OF which they are enlufred.
their honesty, interest in the result OF
the trial, reasonable ness of their tssti-
moY.y, its probability rs corresponding
wits the jary's knowledge OF men and
thing. how far corroborated By ctler
testimony in the ease.or facts Known; all
these things are taken into eonsfcer7. L
ton 10 determining the proper weight
to he given to testimony
You are expected to bring to this IN
yest!gstion YOUR own aoVeicge. exps-
ricuce and intelligence, as you would in
the investigation of any other question:
CT fact
Should you find Tor the plaintln, the
form Of your verdict Will be, '.W g, the
Jury. do find for the pIaintia and assess
tbe amount o: his recovery at
II yoa shall find for the defendant No.
form will be, I'VE the Jury do find 70. :
the defendant"
The pIeadings, ali psats and maps sub
mitted in evidence will be sent in to
ycu. You will now retire TO your room
in charge of the Sheriff. Consider Of
this case fully, and return sreh veroice
as will satisfy each of your eonsclences
1.-THE plaintiff requested the cunrt to
make several specific charges, which
request was denied by the court The
defendant requested . number OF spoci-
Sc charges. the following additional
charges were given ::
ADDITION Al CHARGES
Ii was the duty OF the plaintiff 10 use
all reason able means 30 prevent the IN
Jury here complained Of, If it Wa, DoSS-
ible. and il it was Eo5 possible 10 have
wholly prevented it, then he must have
prevented rs much of it as he could. for
the law imposes upon him the active
duty OF making the damage as light as
possible.
The defendant asks the court to saw to
the Jury, that If they believe from the
evidence that on Marsh 1st, 1888, (the
date OF defendants organization), J, all
the means necessary to cause the DAM
agc to plaintiffs premises eXi. ted, that
the streams were so filed up with coal
slack and the amount of slack at andt
near the mines and near SAID streams
was 30 great and in such position that
owing 10 the condition of the slack and
Cf the streams the damages to plai atif,S
premises would necessarily have result
ed troa the then existing conditions
without Defendants aid, then plaintiff
cauno: recover any amount whatever.
That II the jury believe that owing to
the amount OF old slack and the condi-
tion of the streams on Marca 1st, 1888,
the damages to plaintiff would have ne
cesssriiy occurred by the washing down
of the old slack which had then accumu-
lated without defendant having worked
its mines since said date, that then
plaintiff can recover nothing.
And that to the eXteat shat the jury
find the above facts to exist the plain
till cannot recover.