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care of the said last-mentioned goods and merchandizes, and in and about the carriage and conveyance of the same, and the delivery thereof as aforesaid, yet the said defendant not regarding his duty in that behalf, but contriving and intending to injure the said plaintiff, afterwards, to wit, on the day and year last aforesaid, at [&c., venue,] aforesaid, took so little, and such bad and improper care of the said last-mentioned goods and merchandizes, and in and about the carriage and conveyance of the same, and delivery thereof as aforesaid, that the same then and there, by reason of the bad and improper care of the said defendant in that behalf, and not by reason of any dangers of the seas, or the enemies of the State, or the act of God, became and were wholly lost to the said plaintiff.-[Add a general count for negligence, as ante, Form 4; and a count in trover if any ground for supposing defendant has been guilty of a conversion.]

6. Against a Stage Proprietor, for negligently Driving the Coach, whereby Plaintiff, a Passenger, was Injured.

*

For that, whereas, before and at the time of the committing of the grievances hereinafter mentioned, the defendant was the proprietor of a certain common stage-coach, used by him in carrying passengers from Columbus to Cleveland, for hire and reward to the defendant, to wit, at [&c.], and the defendant being such proprietor, heretofore, to wit, on [&c.] at [&c.], received the plaintiff upon his said coach as a passenger, to be carried and conveyed as such from Columbus aforesaid to Cleveland aforesaid, for reward to the defendant in that behalf, and by reason thereof it became and was the defendant's duty to use due care in causing the plaintiff to be conveyed from Columbus aforesaid to Cleveland aforesaid, as such passenger by the said coach; yet the defendant, not regarding his duty in that behalf, did not nor would use due care in causing the plaintiff to be conveyed from Columbus aforesaid to Cleveland aforesaid, as such passenger by the said coach, and then and there, at said county, conducted himself so carelessly and improperly in that behalf, that by reason of the carelessness and default and improper conduct of the defendant by his servant, in the conveyance of the plaintiff as such passenger by the said coach from Columbus aforesaid to Cleveland aforesaid, he the plaintiff was then and at said county thrown off the said coach and cast upon the ground, and greatly bruised, lacerated, hurt and wounded, and became and was sick, sore, lame and disordered, and so remained from thence hitherto, to wit, at said county, during all which time the plaintiff suffered great pain and anguish, and thereby the plaintiff, during all that time, was then prevented from carrying on and transacting his lawful and necessary affairs and business, and in consequence thereof lost and was deprived of divers gains and profits which otherwise might and would have accrued to him, and thereby, also, the plaintiff was necessarily subjected to and incurred divers expenses, to wit, to the amount of dollars, in endeavoring to be cured of the said wounds, injuries, sickness, soreness, lameness

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and disorder, incidental thereto, and to great and extraordinary expenses in providing himself with board and lodging and other necessaries, and in traveling and otherwise, and was and is otherwise damnified, to wit, at [&c.]; to the plaintiff's damage of dollars, and therefore he brings his suit, &c.

7. The like, whereby the Coach was Overturned, and the Plaintiff's Wife was Killed.

As in the preceding form, to the asterisk:]-received into his said coach one E. F., the wife of the said plaintiff, as a passenger therein, to be carried and conveyed thereby on a journey, to wit, from [&c.] aforesaid, to [&c.] aforesaid, for certain fare and reward to the said defendant in that behalf, and by reason thereof it was the duty of the said defendant carefully to have conveyed, or caused to be conveyed, the said E. F. by the said coach, on the said journey from [&c.] aforesaid to [&c.] aforesaid. Yet the said defendant, not regarding his duty in this behalf, conducted himself so carelessly, negligently, and unskilfully, in this behalf, that by and through the carelessness, negligence, unskilfulness, and default of himself and his servants, and for want of due care and attention to his duty in that behalf, the said coach afterwards, and whilst the same was carrying and conveying the said E. F. on the said journey as aforesaid, and before the arrival thereof at [&c.] aforesaid, to wit, on the day and year aforesaid, at [&c., venue,] aforesaid, was overset and thrown down, by means whereof the said E. F. then being therein, was greatly cut, bruised, and wounded, and divers bones of the body of the said E. F. were then and there broken, insomuch that the said E. F. thereby then and there became and was very sick, weak, and distempered, and remained and continued so weak and distempered, for a long space of time, to wit, from thence until the

day of, in the

year aforesaid, to wit, at [&c., venue,] during all which time the said plaintiff lost and was deprived of the comfort and society of his said wife, and also her aid and assistance in the management of his domestic affairs, which he otherwise would have had and enjoyed, and was forced and obliged to lay out and expend, and did actually lay out and expend, divers sums of money, in the whole amounting to a large sum of money, to wit, the sum of dollars, in and about the attempting the cure of his said wife, and the procuring necessary assistance and attendance for her during her said sickness, weakness, and distemper, which ensued in consequence of her being so overturned and wounded as aforesaid, and which continued until the said day of, in the year aforesaid, on which said last mentioned day the said E. F. of her said wounds died, to wit, at [&c., venue,] aforesaid. [Another count may be added, stuting the grievances with less particularity.]

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8. Against the same, for the Loss of the Plaintiff's Luggage. For that, whereas, the defendants before and at the time of committing the grievances hereinafter mentioned, were owners and proprietors of a certain common stage-coach for the carriage and conveyance of passengers and their luggage from S. to Y., for hire and reward to them, the defendants, in that behalf, to wit, at [&c.]. And the defendants, being such owners and proprietors, thereupon heretofore, to wit, on [&c.] at [&c.], the plaintiff, at the request of the defendants, became and was a passenger in the same coach, to be safely and securely carried and conveyed thereby, together with his luggage, from S. to Y., for reward to the defendants in that behalf, and the defendants then and there received the plaintiff as such passenger with his luggage, to wit, a certain bag containing divers goods and chattels of the plaintiff, to wit, ten coats, [&c., describe them as in trover,] of great value, to wit, of the value of dollars, and thereupon it then and there became and was the duty of the defendants to use due and proper care that the plaintiff and his luggage should be safely and securely carried and conveyed by and upon the said coach from S. aforesaid to Y. aforesaid; yet the defendants, not regarding their duty in that behalf, did not use due and proper care in and about the carriage and conveyance of the plaintiff's said luggage by and upon the said coach from S. aforesaid to Y. aforesaid, but wholly neglected so to do; and then, to wit, [&c.] and there so carelessly and negligently conducted themselves with respect to the said luggage of the plaintiff upon the said occasion, that the same by and through the carelessness and negligence and default of the defendants in that behalf then became and was, and is totally lost to the plaintiff, to wit, at [&c.]; to the plaintiff's damage of dollars; and therefore he brings his suit, &c. [Add count as in preceding Form No. 4.]

9. Against same, for Overloading and Improperly Driving Stage Coach, whereby the Coach was Overturned, and the Plaintiff's Leg Broken.

For that, whereas, the said defendants, before and at the time of committing the grievances hereinafter mentioned, were owners and proprietors of a certain stage-coach, for the carriage and conveyance of passengers from [&c.] to [&c.], (n) for hire and reward to the said defendants in that behalf, to wit, at [&c., venue,] and the said defendants, being such owners and proprietors of the said coach as aforesaid, thereupon heretofore, to wit, on [&c.], to wit, at [&c., venue,] the said plaintiff, at the special instance and request of the said. defendants, became and was a passenger in the said coach, to be safely and securely carried and conveyed thereby on a certain journey, to wit, from [&c.] aforesaid, to [&c.] aforesaid, for a certain fare and reward to the said defendants

(n) The places from which plaintiff went and was to go. If any doubt exist, it would be better to omit the termini altogether.

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in that behalf, and the said defendants then and there received the said plaintiff as such passenger as aforesaid, and thereupon it then and there became and was the duty of the said defendants to use due and proper care that the said plaintiff should be safely and securely carried and conveyed by and upon the said stagecoach on the said journey from [&c.] aforesaid to [&c.] aforesaid; yet the said defendants, not regarding their duty in that behalf, did not use due and proper care that the said plaintiff should be safely and securely carried and conveyed by and upon the said stage-coach on the said journey from [&c.] aforesaid, to [&c.] aforesaid, but wholly neglected so to do, and suffered and permitted one of the wheels of the said coach to be so insufficiently secured, that the same then and there came off, and also suffered and permitted the said coach to be then and there so greatly overloaded, that by reason thereof, afterwards, and whilst the said coach was proceeding with the said plaintiff thereon, in and along the public highway, on the said journey from [&c.] aforesaid, and before the arrival thereof at [&c.] aforesaid, to wit, on the day and year aforesaid, at [&c., venue,] aforesaid, the said coach then and there became and was overturned, and by means whereof one of the legs of the said plaintiff became and was fractured and broken, and the said plaintiff was otherwise greatly bruised, wounded, and injured; and also, by means of the premises the said plaintiff became and was sick, sore, lame, and disordered, and so remained and continued for a long space of time, to wit, hitherto, during all which said time the said plaintiff suffered and underwent great pain, and was hindered and prevented from transacting and attending to his necessary and lawful affairs by him during all that time to be performed and transacted, and lost and was deprived of divers great gains, profits, and advantages, which he might and otherwise would have derived and acquired, and thereby also the said plaintiff was forced and obliged to and did then and there pay, lay out, and expend divers large sums of money, amounting in the whole to the sum of ——— dollars, in and about the endeavoring to be cured of the said fractures, bruises, and injuries, so received as aforesaid; and also, thereby the said plaintiff was hindered and prevented from continuing his said journey, and was kept and detained at a certain inn, to wit, at, in the county of - -, a long time, to wit, for the space of weeks, and during that time there incurred great expenses, in

the whole amonnting to a large sum of money, to wit, the sum of dollars, in and about his necessary support and maintenance, to wit, at [&c., venue,] aforesaid.

Second Count.

And whereas, also, heretofore, to wit, on the day and year aforesaid, to wit, at [&c., venue,] aforesaid, the said plaintiff, at the special instance and request of the said defendants became and was a passenger by a certain other coach, to be safely and securely carried and conveyed thereby on a certain journey, to wit, from [&c.] aforesaid, to [&c.] aforesaid, for certain reward to the said defendants in that behalf, and thereupon, it then and there became and was the

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duty of the said defendants, to use due and proper care that the said plaintiff should be safely and securely carried and conveyed by the said last mentioned coach on the said journey from [&c.] aforesaid, to [&c.] aforesaid; yet the said defendants, not regarding their duty in this behalf, did not use due and proper care that the said plaintiff should be safely and securely carried and conveyed by the said last mentioned coach on the said journey from [&c.] aforesaid, to [&c.] aforesaid, but wholly neglected so to do; and by reason thereof, afterwards, and whilst the said last mentioned coach was proceeding with the said plaintiff as a passenger thereby, in and along the public highway, on the said journey from [&c.] aforesaid, and before the arrival thereof, at [&c.] aforesaid, to wit, on the day and year aforesaid, at [&c., venue,] aforesaid, the said last mentioned coach was overturned, and by means whereof, one of the legs of the said plaintiff then and there became and was fractured and broken, and the said plaintiff was then and there otherwise greatly bruised, wounded and injured, and also, by means of the premises, the said plaintiff became and was sick, sore, lame and disordered, and so remained and continued for a long space of time, to wit, hitherto, during all which time the said plaintiff suffered and underwent great pain, and was hindered and prevented from transacting and attending to his necessary and lawful affairs and business by him, during all that time, to be performed and transacted, and lost and was deprived of divers great gains, profits and advantages, which he might and otherwise would have derived and acquired from the same, and thereby also the said plaintiff was forced and obliged to, and did then and there pay, lay out and expend, divers other large sums of money, amounting in the whole to the sum of dollars, in and about the endeavoring to be cured of the said last mentioned bruises, fractures and injuries, so received as last aforesaid; and also thereby the said plaintiff was hindered and prevented from continuing the said journey, and was kept and detained [at a certain inn,] to wit, at in the county of

a long time, to wit, for the space of

weeks, and during that time there incurred great expense, in the whole amounting to a large sum of money, to wit, the sum of dollars, in and about his necessary support and maintainance, to wit, at [&c., venue,] aforesaid.

Third Count.

And whereas, also, the said defendants, before the committing of the grievances hereinafter next mentioned, were the owners and proprietors of a certain other stage-coach by them the said defendants used and employed for the carriage and conveyance of passengers, at and for certain hire and reward to them in that behalf, to wit, at [&c., venue,] and the said defendants being such owners and proprietors of the said last mentioned coach as aforesaid, the said plaintiff heretofore, to wit, on the day and year aforesaid, to wit, at [&c., venue,] aforesaid, at the special instance and request of the said defendants, became and was a passenger by the said last mentioned coach, to be safely and securely