1644 PLEADINGS, PRACTICE AND PROCESS AT LAW [ART. 75

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."

Hagan v. Hendry, 18 Md. 177. Snyder v. Fulton, 34 Md. 128. Negley v.
Farron, 60 Md. 158. Lewis v. Daily News, 81 Md. 466.

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 axis, but
the plaintiff did use due care.

Worthington's Case, 21 Md. 283. Wilkinson's Case, 30 Md. 232. Andrew's
Case, 39 Md. 329. Dietrick's Case, 58 Md. 347. Hauer's Case, 60 Md. 462.
Mangan's Case, 61 Md. 53. Mahone's Case, 63 Md. 144. Leapley's Case, 65
Md. 571. Kane's Case, 69 Md. 23. Coulbourn's Case, 69 Md. 368 Casou's
Case, 72 Md. 382. Anderson's Case, 72 Md. 526. Smith's Case, 74 Md. 212.
Harold's Case, 74 Md. 511. Hewes' Case, 76 Md. 159. State use of Dodson
v. Balto. & Lehigh R. R., 77 Md. 78. Ringgold's Case, 78 Md. 409. Swann's
Case, 81 Md. 409. Jeter v. Schwind Quarry Co., 97 Md. 700.

[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 traveling on said street
and using due care was hurt.

Baltimore v. Pennington, 15 Md. 12 Baltimore v. O'Donnell, 53 Md 110.
Sinclair v Baltimore, 59 Md. 592. Kennedy v. Cumberland, 65 Md. 514.

38. That the defendant hired from the plaintiff a horse to
ride from Frederick to Hagerstown, and thence back to Fred-
erick, in a proper manner; and the defendant rode said horse
so immoderately that he became lame and injured in value.

Commencements of fleas.

39. The defendant, by S. T., his attorney, or in person, says
(here state the substance of the plea.)

40. And for a second plea the defendant says (here state the
second plea).