Kip v. Babcock

The award of a new trial in the preceding cause necessarily controls this case, for if the plaintiff be not liable for the escape, the defendants are not liable even to him upon their bond of indemnity. There was no more evidence, except the verdict itself, to establish the escape in this cause, than there was in the other, The verdict must, therefore, be set aside, •snd a new trial awarded, with costs to abide the event.

New trial granted.