Waterbury evening Democrat., 1893-01-31
ONE KIND OF TRIAL.


Lawyer Jasper Hamilton was hard at
work on bill of exceptions in case
which ne had determined to carry to a
higher court,
1t was the last day for filing the bill
in the court above, and he knew that
any interruption would make it impos-
sible for him to complete it and oblige
him to abide by the decision of the court
below, where he believed his client had
not received his rights A man entered
his office.
Are you Lawyer Hamilton?'
81 am"
MY name is Jones. I want to ask
you a question or two. You understand
the law and don't, and it'll only take
a minute, so l don't want you to charge
me anything.
Its this: Ben Slack is neighbor OF
mine. We're both farmers and we live
three miles from the railway depot.
Slack went to the depot for load OF
goods for our storekeeper, and as he
passed my house told him to fetch up
a barrel of dishes from the depot for
me.
well. he went down and loaded up
the goods, but there was so many of
them that he couldn't get my dishes on
the wagon, so he told Dave Brown, an
other neighbor of mine who happened
to be at the depot after load Of fertil-
izer-but the fertilizer didn't come-he
, told Brown to take the dishes along
and roll them off in my front yard.
"Brown loaded the barrel up and
started toward home; but he had mt got
more than half mile when Dan Lar
kins overlook him and told him that his
fertilizer had just arrived on a freight.
Brown stopped and wanted to turn
back to get the fertilizer, but he didn't
know what to do with the dishes
"Just then Bill Haskins, who is Pete
Starks hired man, came along in a wag-
on and Brown asked him if he would
take the dishes as far as my place.
Haskins said he would. and they rolled
the barrel into his wagon.
"Now, before go any farther. there's
another railroad track that crosses the
road about mile from my place, and
the company doesn't keep Waterman
A good many accidents have happened
there, too.
Now, to go back again: Haskins is
blind of one eye and the other one ISM
| of much Of account-sore most all the
| time-and so he isn't much better thar
totally blind man. He started toward
my place, and just as he got on the rail
road track an engine that was going
| down to Nashville struck his Wagon
and smashed my dishes into smither
| Gems
Nov, I want to know who I am K
sue Somebody's got to pay for thos'
4, dishes, and want you to tell me who
it is Have l got to sue Slack or Brown
| or Haskins or his boss, Pete Stark, O.
the railroad company? l think Pet
| Stark ought to pay me for the dishes
| because he has no business to hire
man that can't see to drive his team.
But say, if Stark hired Bill Haskins
knowing him to be partly blind, and
| asked Ben Slack to fetch up my dishe
and he turned them over to Brown ant
Brown gave them to Haskins-Slacl
and Brown and myself all knowing
Haskins to be partly blind would tina
knowledge be contributory negligence
on my part and defeat my action if
should sue the railroad company?
''If not, whose negligence would
be2 Was Slack my agent2 If he wa
could he authorize Brown to act in hi
place and Brown become my agent, an
could Brown authorize Hasl<ins to &C
for him and Haskins become my agent
and if Hasbins was negligent would hi
negligence be my negligence?
"Wouldn't Haskins' negligence, if b
was negligent, be his employers negl
gence, and Stark be liable? Coul
Hasl1ins be the agent of both mysel
and Stark? If he was would that pre-
vent me from suing Stark? If l su
Stark and recover, and Stark turn
arounds and sues his agent Hasllin:
could Haslzins set up that he was IN
agent and sue me as principal?
Can an agent appoint sub-agcn
without the consent of the principal
If he can, and the sub-agcnt transcen
the authority of the agent, will his aC
bind the principal? Suppose l su
lIaskins and recover, could Haskins, &
the agent of Stark, sue Stark for il
. dcmnity?
IF | didn't know that IIaSllinS wa
partly blind, and if didn't give Brow
authority as my agent, if he was III
agent, to ask lIaskins to haul III
! dishes, couldn't I sue Brown and +,
cover because he exceeded his authority
'Thesc things are all perfectly clea
to You, being lawyer, but I don
know head from tail about them Nov
what am l to do?"
Gentle reader, l know what yo
think, or at least l think l do. 70
think that Lawyer Hamilton was grea
ly annoyed by Mr.. Jones, that he Ii
tened to Jones' tale of woe and h
question or two, but not without
great deal of aheming and coughin
and frequently taking up his pen an
! politely abiding to his lack of tim
and pressing work, and that by reaso
of Jones untimcly interruption, he wa
unable to finish the bill of exception
and his client suffered.
: But you are wrong. Lawyer Hami
ton worked and listened simultaneous
, ly, and by the time Jones had finishC
his story the lawyer had completed h
. bill of exceptions
Then he turned from his desk, al
S swercd every question asked by Jone
and received an earnest thank yor
from that gentleman.-Kate Field
| WASHINGTON.