ADDISON WARE
Another Ware in court! Yes, All the way to Massachusetts Supreme Court!
A 1849 case involving Addison Ware vs. Timothy Gay, etal, and a stage coach accident. The declaration is not clear, whether Mr. Gay is the owner of the stage line, or merely the driver at the time of the incident. In any case, the etal’s cover everyone connected to the defendant’s side of the case.
To get an idea of travel in the 1840s, let’s assume Mr. Ware was traveling from Wareham, MA to Ware, MA. Today’s distance, abt 110-115. miles, via interstate. A nice, easy, two hour drive.
1849, by coach, 8 to 10 miles on a good day. An hour stop every couple of hours to change horses, and we are looking at a trip close to eighteen hours. And most likely a very around and about route of the times, meaning way more than 110 miles. Quite an undertaking in 1894.
Now, back to court!
Avoiding all the “if so’s and factors”, the suit centers around the fact that a wheel nut fell off a wheel, causing the stage coach to “break down”, turn over, crushing Mr. Ware beneath the wreckage, causing a “broken left leg, bruised and wounded his knee, dislocated his shoulder, and otherwise greatly hurt” Mr. Ware. I love the “otherwise greatly hurt,” part.
Early “pain and suffering” type claim, do you suppose? Attorneys for Mr. Ware claimed, that upon examination of the nut in question, it was found to be not the proper size, but put in service anyway, and without a retaining washer, and thus became the cause of his injuries.
The defense claimed that was not the case, and that there was variance between allegations and proof. They further claimed that Mr. Ware himself, loosened and removed the wheel nut. A claim clearly rejected by the jury.
After much legalese between attorneys, the jury found in Ware’s favor, and awarded him 1500, 1849 US dollars!
Case closed!
But wait! The defense moved for a new trial, claiming new evidence!
The new trial granted, and held, by the Supreme Court of Massachusetts.
The new evidence was in the form of witnesses.
Turns out their testimony was “in variance” with testimony given in the pervious trial. After much maneuvering, hours of precedent citing, by the defense attorneys, the Massachusetts Supreme Court ruled that judgment MUST be made in favor of the plaintiff!
Now, case closed!
On the subject of wheel lug nuts-
Many a NASCAR race has been lost due to failure of a wheel, or lug nut.
Imagine coming to the stripe, millions of dollars at stake, a nut comes loose, a huge crash occurs, lots of cars messed up, damage untold, all because of a faulty, or misapplied, wheel nut!
If you watch any races, you’ll notice those guys in white official uniforms,
watching each pit stop very carefully. Part of their job is to see that all five lug nuts are properly installed on each wheel, and the car is ready to run. Official lug nut checkers!
So, whenever you start on a trip, be sure to double check your wheels lug nuts for safety. Be your own nut checker before you leave.
One last thing about nuts, just remember, the only REAL nuts, are those that text while driving! Don’t be a REAL nut!
RW
Another Ware in court! Yes, All the way to Massachusetts Supreme Court!
A 1849 case involving Addison Ware vs. Timothy Gay, etal, and a stage coach accident. The declaration is not clear, whether Mr. Gay is the owner of the stage line, or merely the driver at the time of the incident. In any case, the etal’s cover everyone connected to the defendant’s side of the case.
To get an idea of travel in the 1840s, let’s assume Mr. Ware was traveling from Wareham, MA to Ware, MA. Today’s distance, abt 110-115. miles, via interstate. A nice, easy, two hour drive.
1849, by coach, 8 to 10 miles on a good day. An hour stop every couple of hours to change horses, and we are looking at a trip close to eighteen hours. And most likely a very around and about route of the times, meaning way more than 110 miles. Quite an undertaking in 1894.
Now, back to court!
Avoiding all the “if so’s and factors”, the suit centers around the fact that a wheel nut fell off a wheel, causing the stage coach to “break down”, turn over, crushing Mr. Ware beneath the wreckage, causing a “broken left leg, bruised and wounded his knee, dislocated his shoulder, and otherwise greatly hurt” Mr. Ware. I love the “otherwise greatly hurt,” part.
Early “pain and suffering” type claim, do you suppose? Attorneys for Mr. Ware claimed, that upon examination of the nut in question, it was found to be not the proper size, but put in service anyway, and without a retaining washer, and thus became the cause of his injuries.
The defense claimed that was not the case, and that there was variance between allegations and proof. They further claimed that Mr. Ware himself, loosened and removed the wheel nut. A claim clearly rejected by the jury.
After much legalese between attorneys, the jury found in Ware’s favor, and awarded him 1500, 1849 US dollars!
Case closed!
But wait! The defense moved for a new trial, claiming new evidence!
The new trial granted, and held, by the Supreme Court of Massachusetts.
The new evidence was in the form of witnesses.
Turns out their testimony was “in variance” with testimony given in the pervious trial. After much maneuvering, hours of precedent citing, by the defense attorneys, the Massachusetts Supreme Court ruled that judgment MUST be made in favor of the plaintiff!
Now, case closed!
On the subject of wheel lug nuts-
Many a NASCAR race has been lost due to failure of a wheel, or lug nut.
Imagine coming to the stripe, millions of dollars at stake, a nut comes loose, a huge crash occurs, lots of cars messed up, damage untold, all because of a faulty, or misapplied, wheel nut!
If you watch any races, you’ll notice those guys in white official uniforms,
watching each pit stop very carefully. Part of their job is to see that all five lug nuts are properly installed on each wheel, and the car is ready to run. Official lug nut checkers!
So, whenever you start on a trip, be sure to double check your wheels lug nuts for safety. Be your own nut checker before you leave.
One last thing about nuts, just remember, the only REAL nuts, are those that text while driving! Don’t be a REAL nut!
RW
This is so funny, I nearly fell off my chair laughing 🙂 Then I realized nothing in the court rooms have changed after watching the Casey Anthony trial on TV and hearing the verdict. But never worry, Mr Addison Ware probably wrote a book about his experiences and became a millionaire by the standards of that time. Thanks Ray, I enjoyed reading this post.
Wayne