Edwardsville Spectator

LAW INTELLIGENCE.

W. Plumer vs. Abner Darling.

This was a special action on the case. The plaintiff declared for a malicious and vexatious hindrance on the public highway, to his damage of fifty dollars. Plea, the general issue. The cause came on to be tried before Daniel Hebberd, Esq. one of the justices of the peace in and for the county of Dutchess, on the 18th day of December, 1819.

The plaintiff proved that he, in company with three others, was returning from serving on the court martial of the 20th brigade—that they overtook the defendant and his father, in a two-horse wagon going very slowly—that as it was towards evening, and they had about 14 miles to ride, they requested the defendant to drive faster, or permit them to pass—that the defendant would do neither—that frequently, when asked permission, he would tell them, or wave his hand for them to pass, that when they came up with him, and in the act of passing, he would rein his horses in before them, and again let his horses walk or go in a slow trot—this was often repeated, and the plaintiff was thus hindered in the most malicious and vexatious manner, for rising three miles.

The defendant endeavoured to palliate, by attempting to show the viciousness of his horses. The jury retired, and in a short time returned a verdict for the plaintiff, of 30 dollars and cost of suit.

Poughkeepsie Observer.