
    MIDDLESEX COUNTY,
    JULY TERM, A. D. 1791.
    Hon. Eliphalet Dyer, Esq., Chief Judge.
    
    
      Judges.
    
    Hon. ANDREW Adams, Esq., Hon. Charles GkauNOY, Esq.,
    Hon. Jesse Eoot, Esq., Hon. Erastus "Wolcott, Esq.
    Dennie v. County of Middlesex.
    Special damages only given for the escape of a prisoner through the insufficiency of the gaol.
    This application was made to tibe County Court agreeable to tbe statute, and by appeal comes into tkis court; representing, tkat on tke 23d of April, A. D. 1789, Dennie recovered judgment before tke City Court against Isaac Atkins, for tke sum of £25 18s. lawful money damages, and £1 5s. 6d. like money cost; for wkick sums execution was levied on Atkins’s body, and ke committed to gaol in said Middlesex county; and tkat ke made kis escape tkrougk tke insufficiency of said gaol; and demanding kis said debt of said county.
    Plea in bar — Tkat tke plaintiff kas a mortgage of said debtor’s land in value to -tke amount of said debt; and tkat said Atkins escaped by tke negligence of tke skeriff, and not tkrougk tke insufficiency of tke gaol.
    Tke plaintiff replied — Tkat said escape was tkrougk tke insufficiency of said gaol, witkout tkat tkat it was by tke negligence of tke skeriff. Issue to tke court.
    Judgment — Tkat tke escape was tkrougk tke insufficiency of tke gaol; and tkat tke plaintiff recover £5 lawful money damages, and kis cost.
   Tke rule for giving special damages and not tke debt, for wkick tke person is imprisoned, was settled in tke case of Staphorse v. County of New Haven, August Term, A. D. 1789.  