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BUSSY v. DONALDSON

4 U.S. 206 (____)

4 Dall. 206

Bussy versus Donaldson.

Supreme Court of United States.

Attorney(s) appearing for the Case

After argument by W. Tilghman, M. Levy, and Rawle, for the plaintiff, and by Ingersoli, E. Tilghman, and Lewis, for the defendant, the Judges delivered their opinions to the jury, in substance, as follows:

SHIPPEN, Chief Justice.

The first object, that naturally presents itself, is to ascertain, whether the injury complained of, was the consequence of gross negligence, or of mere accident? This falls, exclusively, within the province of the jury: but, if they shall think, that the injury was the consequence of gross negligence, then the plaintiff is entitled to recover damages; unless some rule of law interposes to prevent it, under the peculiar circumstances of the...

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