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William B. Stokes, Plaintiff in Error, vs. Francis W. Saltonstall, Defendant in Error 181 (1839)

handle is hein.slavery/ussccases0087 and id is 1 raw text is: JANUARY TERM, 1839. WILLIAM B. STOKES, PLAINTIFF ,IN ERROR, VS. ORACIS W. SAL- TONSTALL, DEFSENDANT IN ERROR. In an action against the owner of a stage coach used for carrying passengers, for an injury sustained by one of the passengers by the upsetting of the coach, the owner is not liable, unless the injury of which the plaintiff complains was occasioned by the negligence or want of proper skill or care in the driver of the'carriage, in which he and his wife were passengers: and the facts that the carriage was upset, and the plaintiff's wife injured, are prima facie evidence that there was carelessness, or negligence, or want of skill on the part of the driver; and throws upon the defendant the burden of proving that the acci- dent was not occasioned by the driver's fault. It being admitted that the carriage was upset and the plaintiff's wife injured, it is incum- bent on the defendant to prove that the driver was a person of competent skill, of good habits, and in every respect qualified, and suitably prepared for the business in which he was engaged ; and that he acted on this occasion with reasonable-skill, and with the utmost prudence and caution : and if the disaster in question was cccasioned by the least negli- gence, or want of skill, or prudence 'on his, part, then the defendant is liable in the ac- tion. If there was no want of proper skill, or care, or caution on the part of the dnver of a stage coach, and the stage was upset by the act of the plaintiff or his wife, in rashly and impro- perly springing from it, then the defendant is not liabl6 to an action : but if the want 'of proper skl or care of the driver placed the passengeis in a state of peril, and they had at that time a reasopable ground for supposing that the stage would upset, or that the driver was incapable of managing his horses, the plaintiff is entitled to recover; although the jury may believe from the position in which the stage was placed by the negligence of the Afriver, the attempt of the plaintiff or his wife to escape may have increased the peril, or even caused the stage to upset; and although they may also find that the plaintiff and his wife would probably have. sustained little or no injury if they had remained in the stage. If the driver was st person of competent skill, and in every respect qualified and suitably prepared for the business ift which he was engaged, and the accident was occasioned by no fault or want of skill or .care on his part, or that of the defendant or his agents, but by physical disability s ising from extreme and unusual cold, which rendered him inca- pable for the time to do his duty; then the owner of the stage is not liable in -an action for damages, for an iajury sustained by a person who was a passenger. IN error to the Circuit Court of the United States for the district of Maryland. The defendant in error, Francis W. Saltonstall, in September, 1836, instituted an action for the recovery of damages against Richard C. Stockton and William B. Stokes, owners of a line of stages for car- rying passengors from Baltimore to Wheeling; Mr. Saltonstall and his wife hav'ing on the 6th day of December, 1836, been passengers in the stage, when, by the carelessness, unskilfulness, and de- fault of the driver, the stagewas upset; by reason of which Mrs. Saltonstall had her hip fractured, and several other bones of her body broken, and was otherwise greatly cut, bruised,'and iniured, so that her life was endangered. By an agreement between the counsel fbr the plaintiff and the de- fendant's no objection was to be tiken to the nonjoinder of other petsons as defendants, who were also owners or interested in the line of stages, when the injury complained of in the action occurred; and the plaintiff might recover in this - OtiQxt any danrages which VOL. XI.1-0

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