The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-10-28 00:00:00

COUNTY COURT.
Tliliesday; Befogs T. IL P. Wray. LK.. Judge.

Claim Adams,. Itor9h.—ella—kr. Weston appeared for
plaintiff. a hone dealer, of Fordington, who owned a pony
which he to exchange truth defendant for a donkey.
• pig, nod a pair of boats. The barter was made in
_Deeentber, but the pony bad Preyed enrintwatleelY use.
-- for the satinet wet often leid melds
. •

gam. -- isna. In ram-
manarby &I ondant, is was alownit to teen him alive.
—Defendant claimed as a setalf the valise of the pones
*ldle and asddle.to which be said he •114 entitled... Plai-
nt!. alleged on the other hand the dockff wee • =Parable.
werthiess anima The pony was valued at ellt and
&fondant liad since sold it bat es Ms explained. he never
remised the money—Z3lo.. The donkey was set down
at 1:7, the pip at [3los. the boots were valued at £l. sad
the bridle sad saddle at 1111s.—Jodirseat tor the
plaintiff icy til• full amount cialina4.—Defendant said he
wee already paylog l& monthly Into the Yeovil court.
The ma.,ho owed biro the CS 10& had mct with an
aceldset. a. tbat he di know when be should wet this
gamey. aranahter.)—The Jodie ordered monthly instal-
meats of 4.
panty LIM VISRING 1113/STL
Mr. John Thom.. Bale= Wdlier• CourchilL Claim
for jam damages ***act or &bias apparatus, and them
wee • counter claim ar ‘lO 15.. for lca oermicned by the
flooding of land.-11r. E. &mints for plamtitf. Kr. it. Woolf (b.rrissef), lustructel by Wawa. Andrews and
Pope , for defendant—Ur. Burnett mid Kt. Bishop. of
Wrackleford Houma held it under IL Dunnisg. ea a
lease renewable at the end of thisjseri aad had the riot. of fiphinst and 51X.111.04- Oa 'Janata. the gllsb
Align* he went to the hatiewaye &Ada& mid af %main
Churchill came sad asked what Add he had to pet hatches
I the river. He had
_pat two la the mule ***11133... &c.d." Nu bp elioeld 110/1111111M be did aot tan
thin oat, whoa ILL Bishop Wand, mad want la. Afton.

ward' defendant came whiteness bee. sad Wiwi teems*
the net, bike it off the poi*, and estmehed the polo
Churchill had previmuly waisted in catching eels.—
Crossegetniaed : Tulles were six bah:lite in toe main
diem, eat plaint I closed two, tour Worn uncloted, the
netibeiog in obe. The net was left all night. By the
Jodge : Hoi Nit linen thee, note for three years. Mr.
Burnett asid for *years, the right had be. exeroie,d.
Cross-ex whined : Defeedant twisted plaiattff to take
them up, sad plaiatiff replted be naht take op the Oct if
La could, hot tie utuld not, and he then proceeded to
smash it —The learned counsel our. that • gentleness'
must u.e hie tight so an not to Injure his neighbours'
land. Hs admitted hi• client removing the net, and if it
was tione with int.re violence Ih An necessary be must pay
something-- By the Julie: Plaintiff allowed de(, ~dent
to remove the net, but ohjscied to Me way In which it
idaut's &mewl did not keep up the
dispute alatut th 10•., and then was about to open the
blunter et. It Mr. Burnett objected that this claim for
LW ISt cool I not be taken a. • setmo. Eventually it
was t ,ken as • counter claim. —Mr. Wool I said defendant's
land c.,0 olt Cll.. to I, to .teaant. ant he hat lii, cows
Share six hatches are in the etreaht. and Mr. Bishop,
Nies the most improper time, the time of flood, closed
Ivo hatch., an pot • net in the other. N eight' were
an the hatch.., and the water came all over the meadow
and Into the dairy, and bringing down stuff, rendered the
niead until for the cows, which went off their milk, and
0 -nuthal het .€3 • cow, henu the deinage to the gram.—
Mr. Churchill, the defendant, saw six hatches In the
, stream sal two in the AM-how. In the morning the
I meadow was in its usuel condition, but in the at Nemo.
the water WWI Qv, the meadow. Bishop's boy waa there,
and cane.' not ' Pa, pa. ban. Churchill canning." Ttas
botch,. were dawn and the cows up to their bailie. is
water, and on his speaking ts Bishop about it he told
him to draw the hetches himself. One of the hatches is
the tl•lithouu, sr. also Owed, and the water wee coming
thr.righ as moth as the fish•tionee would carry. The oows
took cold,and went. off their Honour: 11) 001/4 go
dry irom heing wet I IA lauakiL—thioichill end yea, they
got awe lon tiler.. Hie mead was also damaxed eo that
• coui I ottli out 14 coos where he ought to have had OM
nnalihyl Hr. Burnett The meadows were noi
800 hit by the lower stream—Br the Judge: The cow*
would be worth Is,, a week and he lost the mph for gin
week*. Sin, cow, deco dry at this Iliac; but tit,. calve
late.—By Counsel: There is an ernhenkrnent between lb.
meadow and the lower et...tn.—Mr. Surnett said be could
prove that Mr. Biehop_never put in a hatch to the detiri-
Meet et de. adanr. Ti,. weather w. very wet, and be
urgial the mead,* was flooded hy the lower stream. By
putting in the botches, it would dame(' the land shove
the hatches, not that below • in fact, it would do Churchill
wool in a wet seasosh—Eittert Pearce, bailiff fee Mr.
Smith's executors saw three batches up in the riverside
no the dey in sumtloct, If the batches were le, his
meadows aloes would have heee flooded' but they bad
Dot heen.—Crowegunined: Had told Kr. Bishop "Dow%
out the hatches down, or you'll let it go Mloat.'—Witmesa
could not say it bang up to their necks is water would
maks the cows go off their milk.—By the Jades: 30 acres
of land were !boded, and the keep loeL—The ledge said
• man comt ...hi* right, as not to injure his neigh-
hour'. Lind and is an exespiloeally wet insace, the right
might not to have been exercised foe the purpose at
fishing, tilt wee liable to flood the tneadows.—Judgment
in this case for Mr. Churchill, the expenses of counsel sad
witnesses being allowed.
AGAINST • TROSTILL

LCTIOR.

Kr. W. 1,. Bre—aWal-d,Or Biaidloitt "n;a7ia an application
against Mr. Drifts', at Southampton. trustee for Pike's
estate.-14. Brensund maid be was Instructed by the
general body of creditors in this mss; His Honour, on •
former application, had ordered the trustee to be removed
unlade ho filed an account, Thai had been done, and it
was found that over /MO was received for the estate in
a although the present balance was only about
The trustee had canted out certain con-
tracts entered into by the debtor, and on the
completion the loge ensued. The contention was
that the t•ustee ought to have disclaimed the contracts
instead of carryins them on, and the application was that
the trustee. Mr. Driver, he surcharged a the amount of
/42115. 111.. and pay interest for keeping the money six
y ears. Sidney Woolf!, instructed by Megan. Andrews,
Pope, and Andrews, appearing for the trustee. urged the
latter bed a discretion. Hr. Brennand had bled •filievita,
to which Hr. Wolff obiected that they contained suck
charges and insinuations, and were pat forward so=
that they ought not to be adatitted.—llr.Brennend
for an adjournment.—His Honour suggested that the
learned gentlemen should endeavour to come to an arrange-
ments—Yr. S. Wo.Lff said the other side took • very buss
tile vie., they charged a breath of trusts—Al ter s bog
discussion, the gentlemen withdrew to attempt to coma to
a settlement, which was ultimately elected, the terms we
believe *echidna the manna of • dividend within • war.
tun bred time,

• Calf OF 111112•Xl,
Stephen Vine J. Adams was a claim by Mr
Vine, corn merchant. Dorchester and Longbredy, against
Mr. .1. Adam., a miller of Bridport, for the coil
of ten sacks of 'maim—Mr. Weston, for plaintiff, Mr.
Haute., for defendant. —The former said defeudant
purchased twenty sacks of beans, at ells. easel,. by eunpla,
and they were to he sent by railway truck to D 'echo fter.
They were delivered in June, but aid not correspond with
the sateple,and It was found defendant had got beans out
of the wrong truck. Plaintiff offered to take the beans
back, or do anything reatonable ; but the defendant did
not decide until August, when he decided to take ten
sick. at 20a, and return the othere to plaiatifTe house at
lednahredy. When sent beck alter sumo delay, they were
found DO! to be sacks at all, au.l tflainfitt refused to take
them. Had they contained each., he would have taken
them back. But an answer came bock that they were in the
gete no they were rent to him; thee Lad been lying at his
carthoose at plaintitre risk, and dden lent refueeil to do
anything Rieiiivel Vine, who gysista his father
In the corn Loathe.. at D.rehiseter, said in May hilt
0ffe...1 fietendant some beetle ray eatitole. His father bad
ply eh tied ibure true... 12 formy at., he b ar.l the beeps
were not ate to end towel Mr. Adams
had received beans of iqual value but of a diffcrout *art,
which had been taken from the wrong truck, and he ...lend
to make Is. • sack allowance, to let him keen as many,
and return as many ae he liked. Mr. Vine went
cm to prove the statement of his coun.vl, end said, had
lii. right quantity of bane been rant beck, be would
be glad to have taken them ; but they were Irons six to
eight quarts to the sack deflcient—Crows...xemined:
Informed defendant that the beats were at the nt4tlol2.
The total number of beans in the three trucks wee !Dent
him, end hi. man brought taro differeut samples. Sold to
Adame by the sample he bought by.—By the Judge: The
ordinary meaning of • sack is four bushels. The sacks in
the trucks were the right measure; tot be continued only
part ol the sack. were meafurrd -Vona which were
&livered at his store; the Actual cak. which A lami bed
were not measured; but came out of the throe truck.
Defendant ott.red to send the wrong beans hick next
Monday or Tore lay, but they were bot net fir two or
three weeks, and then were found short rumurufe, and he
refwed th.m. —Mr. Richard Vine said wren tin carter
brought hack the beans be found they were short, and
meathred two, one was more than half.s-peet abort and
the otlfgr ea/ considerably more. Consented to the beans
rem.initia at Mr. Adams' at Kr. Adams' risk, and not at
his (Mr. risk. Would not swear Mr. Adams had
not told lion the beans were lying at his risk, but would
not hove c. n.-fital to such • thing.-llr. Ad....., [UMW.
defend di., gaud Mr. Vine told hint the beaus would lvelgh
13 aeor..or more. The sample was unnaturally dry. Wi en
they arrived lau. n,it'r the beans would not !In they
stank. lie h c....ta weighed, and he found 7 or 8
averaged 11 fa...fre lii' others weighed 12 seers. He had
them put ia the cart-house and told Mr. 11 chard Vine
they were there, at his risk. Told Alin several WINO.
Sala, quenUy he agreed to take the pick out of 10 seeks,
sod t. deliver the remainder to Longbredy at hla con.
nubile He paid £lO according to tile agreement, and
henbot the others back to ',tumbrel?. They had been kept
In tOe cart-abed under weer, and neither he nor his man
had r•lupsred with theto.oeCroes-es•neined Had beard
of cart rs taking_their nathter's corn to feed their horses;
but nnt .4ten. Toe beam; were wrong every way; not
scoirding to simple; not in good condition, and wrong as
to meaffura—Verdict ford. fondant; the beans to be given
up, ou plaintiff fetching them.