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1 Henrietta Coburn against Samuel Ward, Eber D. Ward, and Stephen Clement: Case 1850

handle is hein.trials/abms0001 and id is 1 raw text is: IN SUPREME COURT, HE,,NRIETrA Cou1,, SMLinistratrix, 1c., against SAMUEL WARD , EBrrr B. WARn, and STEPHEN CLEMENT. JIppeal from Judgment, entered at ifh IC Ircuit of the General Term, on Bill of Excertions. THE CASE. The action was commenced by servicn of summons and com- plaint, November 12, 1849, and was an action brought under the act of December 13, 1847, entitled .n act requiring conmpensa- tion for causing death by wrongful act, neglect or default. The Complaint alledged the tall of Paul Coburn into the hole of defendants' Steamboat, the Atlantic, by which he received inju- ries occasioning his decease, and that the same was by the careless- ness and negligence of defendents' agents in leaing open and un- guarded the hole. The Answer, by'J. 0. Putnam, Attorney of the defendants was served 30th Nov., 1849, denying the carelessness, &c., of defend- ants' agents, and avering that Coburn fell by his own carelessness and default. By way of new matter, it alledged that Coburn fell while en- gaged as the servant of the defendants in the business of his em- ployment as a solicitor of passengers: The Reply was served, denying tho matter, set up in defence. It came on to be tried at the Erie Circuit, July 6, 1850, when the plaintiff obtained a verdict for $2,500.

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