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1104 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.
the land of the defendant, to a public highway, for himself and.
his servants, with horses and wagons, to go and return at all times,
at his and their free will, for the more convenient occupation of
the said land of the plaintiff: and that the defendant deprived!
him of the use of said way.
34. That the defendant falsely and maliciously spoke and pub-
lished of the plaintiff the words following, that is to say; "he is a
thief;" (if there be any special damage, here state it with such
reasonable particularity as to give notice to the defendant of the
particular injury complained of, for instance,) whereby the plain-
tiff lost his situation of book-keeper in the bank of Washington..
35. That defendant falsely and maliciously printed and pub-
lished of the plaintiff in a newspaper called " The Examiner,"
the words following, that is to say: " he forswore himself."
36. That the defendant is a corporation, owning a railroad
between B. and C.; that the plaintiff was a passenger on said
railroad, and by reason of the insufficiency of an axle of the car
in which he was riding the plaintiff was hurt; and the defendant
did not use due care in reference to said axle, but the plaintiff did
use due care.
[This form may be varied so as to adapt it to many cases, by
merely changing the allegation as to the cause of the accident.]
37. That the defendant is an incorporated city, and is bound,
to keep its streets in repair; that one of its streets, called ————
street, was negligently suffered by the defendant to be out of
repair, whereby the plaintiff in travelling on said street and using
due care was hurt.
38. That the defendant hired from the plaintiff a horse to
ride from Frederick to Hagerstown, and thence back to Frederick,
in a proper manner; and the defendant rode said horse so immod-
erately that he became lame and injured in value.
Commencements of Pleas.
39. The defendant, by S. T., his attorney, or in person, says.
(here state the substance of the plea.)
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