The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-02-26 00:00:00

JUDOMILTI COSS&

John I-Cirri...l v. Thorn. 3; irthover. —This was an
&lion, no I mum fr .m toe Dec-tuber Coin—Mr. Ilmanead
defend• and a el I,r kid nay of the C 'art, al his
bueine. had been •ery ha i, aid loet hie km.. ei,r,
roc 11.1 y—drowned In • bro •k lie had three chiliirm.
rhora wale 1.. judgment. a Ain't him in the Poole
C iunty C rui t —HI. 11012.41/ : Why loge not defendant
take udean'age of the nee 8 enkraptiey At, which
• nabs* 4 working man, wh iyo., 4.50. t.. 1 arrange his
afl.in.. By ',water. of 2.. toe en ',Jiro. are called t weiher
before the Crart, and he ha, not 1,.. guilty of lawn.
peruke.", r fraud the C nut can oink, an order for pcyment
of 3. in the Are that one credit d diii not get the whole
501. and an 'titer n. thing —After heering the meani of
drieni.nt„ bit llonoar adJouroe.l lb. care ti give other
creditors is 'tic* ii writing I. eons.' at Melt Viol C rat
for roauction of malaria. made there; and made an
order for phyment of the 10r nw des, or order for 30
dare
. _ .

Coate V. Frederick Vo4er.-01Mot for rdot of
cottage —Ord,r made for fr. per tootth ; order for cm.
ru.t•al if 041 Paid.
-

Some v. WLLiii ilall.—Dolendent appiared and
pleaded or work ail 40 excise fr annipayomni. —Order
made for 3s. per month, or COGlMitaent.
UM, •• Rory nomer.—Claion Si. Order mad, for
per mouth, to e 'flamenco in SC 'risk or committal for too
days Co delimit.
SAM. v. Charles 0 indry.—Allouraed. as defendant
had paid la into
Silos v. Chaim 1141.—Ti. was alwo adjourned, as
defenlant had likewise paid 2.. into 0 nut.
John Hormel. v. John Polo y LIT., for rent of
• bowie. which dlleculant had °coupled for eleven month..
A licorice(' from bit Court for the ettendence of defend-
ant.—Ddendent now appor4, sad pleaded ths cottoote
was uninhabitable ; by rimi ifl o' 1. bed oin !Won the
rein entered, an.l be woo ill for six mooch., end had had
no work to do shoe Cortexes& —Oa this consaderation
the Jailse &cline" ineking an order till defendant waa
enabled to work.

James Fudge V. lihn Husiingra.-01.10 124. Id. for
groceries supplial.—Th caw wai adjourned from lad
Court to enable lb.. ft ogi.itrm to look toroush ih• books
of plaintlf —Toia hid hien dome. and ti• alas .rat con•
shirred the amount claimed waa due.
IMPORI AN I' HORSE CASE.

Joseph Pude Fox Oundry. of Bellied Cour, v. The
Midlead sod L indon and SaidtirWestern Railway
Company.—Plalntll claims .C. 30 for damages to • mare,
bra Prolertr, en, rooted to defendanta to be carded from
Blandford to Dorctuet ir on the fith Decomber. during
which Pawner the mire siesta nod each injuries through
the nefillgenee of deleadante as to render it seceretri for
hrr to to kllod fat ir the airiest of the train at Daechdter.
—Mr. F. W. (iondry, for pleintil, and IN R. Kinglake,
barrister-at-law, iastrocted by Mr. Birchen. defended.—
Thejurr emPenelled were Mood. J. Warshaw) W.
H. fitthints, T. J. Knob, W. It Dugdale. ..a H.
Symonda —Preload to tla jurymen's names being called.
Mr. Kinglake ordootod to • jury on the ground that notice
if sash hid not been given, but the objetiao was with-
draw, on the I I judge's soggeetion. and the case
pro troled.—Tee main facts of the cowl were briefly
noticed by pliont.tra elicitor, who statist his client sent
• valuable mare to the Hon. W. H. B. Portman, at
Bryanston, for inspection and trial, with • view to
par:haus After aNw days' trial, Mr. Portman decided
not to purchase, and returned it ti D archoster by rail on
the 6th December. On the Judie it became seriously
injured, and shortly at'., Its arrivol to, mare had ti be
shot. The heulxiall was brok in Is two elm., and he
contended this being Weak and drilcieot sawed all the
mischief. The mare ear worth Ala but, wj the law
would n .t allow of a higher clam, this, had sued for the
£5O. H. carrel it was null oi ol the pof of the
railway comp.,, inn it providing • fit article tir securing
the animal in truirt, and held if thee moony undertook
to convey horse by rail they were prima /Yak as
such animals ought not to be c oudyed at all if not
conveyed In safety. U. then called Ore lollowlegrvnlenc
Josiah 13ro•n • groom. in the employ of lion W. 11. B.
Portman. IL P., die "of he wart il•groom at Brywastoo.
he dellivered a Oro ea tuts • to to* p,rtont at the railway
lO•tirso, and IN., it box I. It was put into a horre•h x
thi Clnsp ny'• aaaaa pt. It ma,., old hnronsboos not of
slate. I sat Is "It oas not aet lox to put a valuable
6.-Nres In." Tee partition. of th box were very tow, about
Silt. Toe ra•lway servant. said the hid some new ones
coming out soon. The mire was than quite sound ; she
walked It, very quiet y.—Creerexuained : The horse was
sent back because Mr Portman di I not liked. The horse
was toast in ths stables; she was nadir my cart I ride
her bunting; very temp ra•• In the 11 Id. It was n
nervous when being put into the box. Ti,. box Wee
were very low; it ought to be 15 handa high—Sit. II
druid be surpri leal to hoor the partition in this box was
411. 10 n. or 5.1. high. It was the only horse put the
b6x. It was in Vie midiN s'all. It was not tlost at all
till he called the porter.' a•tent•on lilt, •ho the tel it
to his satiate low Ho ha 1 not lode told the hared had
only travailed one, before by roll. ['be hid he shoolit
have rent it. Ha did not bear the horse threw a doe
cooling from Sri !port to I) imbue, —Richard Hayward,
groom to Mr. Joeivh Oundry. depood he to* the roars
In quertion trona Tag Hyde, 111414, 13' idport, to Doreh• star,
where he delivered it to Hr. Portmin's gram at the
Kings' Artna Hotel, in arc ordeue with orders rec.ired.
On the lith Decemher he was ordered to Dorallest Jr to
reseed the mu* from the railway to ride her own.,
n the train come In. and the porters opened the box.
ihe mare wagon her bate, and was WI In a Nth of sweat.
She was free from the heed stall; It was broken. She
tat some oats abort her. The mare was got out on the
platfr rsits hut she could not rise. I rent for • veter;urr,
la Dorchester (llr. Veaiey), and aft ',overdo Colegr dda- d
to Ti,. Hyde for Instructions, and Kr. Banutor, the
vrterioary from Bridled. ett :ode& when they shot her.
—Lleoesrexam'ned : Th mare woe bred by Mr. Giundrr •
It we. intended for • hunter. I shoold term her a high:
bred more, not • thooughtired. I opened the lit'.
shuttrr on the journey sometimes : she was rutted s time., and pawed the fl nor. lite did not In., a shoe • it
was dined into the or roar of the frog. When ehe ct
out she was not trerntAing ; she woo • bit sweaty. Sine
pre.. 1 she May hay, bern shaking ; ehe was a Isis
nervous. I have not said. " T iey ought to have sent
footsie:ly with the mar., no she was restleu coming op."
I did not say to Henry Smith, the booking clerk at D irr
cheater, " Serve them right ; to sand the horse like thia,
knowing it to be realer." Wh3ll the box we* opened the
bore was on ite back, with its neer fore leg over the oerti-
tion. The other legs were doubled up undar the partition.
There were several please on the hood an I eye& copied,
witness should think, when the animal was down. There
was another horse rune by the same train. It was taken
Omit alright The horse had it, I ois bandaged ; one of
these only was off. A hone me (crape them off. Idi
not pay to cos of the p ours, "If anybody bad been with
it. they could have taken it oat tail first station they got
to." I did not say t Sultb, "Serve them reit,' Th•
mare wee rising fire years old.—Albert El saint B mister,
veterinary soden, practieing at Sri -port. devoid going
to Dorchester 00th, 6th December, where he Nand the
mare lying on Kona straw on too p'at'orin. She showed
symptoms of suffering very great pals. I .satnin ii her.
and camel, the ennologion that her back wso bulk. o. t
tested it by t nachlas her hiod quart •ri, whl* I found
psralyNd. I wont fir Mr. Visor, of Dock-stir, and he
came to the 11•0114 conclusion, an I we orderad it to be
destroyed, which was done I went and exaoaiais4 the
hoof-stall, and found it broken la two places, and the
material very defective. Sons of the stiller were doted ;
it was broken clue to the ire.,, and had apparently Wen
touch worn. I °cashier it gilt@ soil for the purple*
used. The mu* WWI worth doable wast woe sued for.—
Croia-rx ,mined: Horses are not tied up close to the rings
as • role ; a lit de play sometimer. A horse getting loose
in the box oroaid naturally fly to turn, and than meet
with an aooident. The jollied of • carriage would cones a
&WIN to swerve from one ehts ti the Wait, and leak

j strain might break • defective better. He noticed • mark
' or bruise at the back of this head. . watt, when the
halter coma ; but he did not think it wee doers by the
halter. The horse, most likely, dill tf • iejory when down
plunging lobo .t the box. If. thought it would be b+ tier to
bores nneone with a horse that Ind not travelled a all
bank-, if Both bore* wen roans ; but he hod
himself sent horses from Sass a to Doriet without
any potion with them, although never on roll
Lag. f.oremek to Waifs. Whipper and C,
soldiery, of South Malay-Arne, L radon, went to
Waterloo Salton and examined the o,l'l sr .11 now pro-
duced. He consid rd the leather ;wished, too light, eud
in every .ay detwotive. The seeing woo bettor than the
leather. Tone was not aub hors enough in the at r
profaned Cu stand tt.• cram of the bored-Croke
examined : The halted. c.• Lot mini lent tr. h dd a quiet
boss in the box„-ror thi defence. Mr. Collate said
the real question was teat la lao, ammonia. art not
Imble for widowrn hones. II they loos. lor esora rntsee,
railway immovable ware not +neuron a such bones. Ile
eed term, of the aantreet noweien lb. •ontienr and
amegnor. Where c anon hare 1, a trry any thing perish-
abie th.y are not responsible, nor for any cattle corned by
the kicking; plummy,
.or unrollness of it, except by
lailigen sr of mennoDY • miMinte Head the can of
Kend•U v. L.S.W Be Co.' In 7 Exchequer, page V. Law
S aporta, M Vic., in which Baron Bremwell held the h rose
wee respotielble or its own injorles, and this ens was
fiss nothing onnirred to the train t tame suet'
in▪
juries. Ho Mao quoted the ems of B ower v. the Or at
Wsetetnltailway,twol•eisag came in the railwey jurted+o-
lion. In this one Hr. Mingitske urged the hno on wood
toe acciden., not the halter. If a horse has no one to
epee& to it and being alone in the box, she naturally g+ t
fright...n.4, with the result at stated by piaintits cesn
Then the plelnkff's egebt -the 404 groom-actually
instructed the company. allegro to tie the burs' in the
box.-E minion Weeks, a porter is the empl ry of she
Great Western tilway, at Do chaster, 4-pond he
remembered • horse belonging to Hr. Uttedry arriving
at I) rotont or on the 11 Danaher. TIM *dams Hor•
ward wet in the box with the 0 ors,. When the born wee
Icing taken out it eat lii • sweaty state, •n+l tranhong
with tear, -Orort-otenoin.d : He could not ny whether
she had any cl,thing on. li• could not my if eln wee
chipped or not. -Aboth am Hamblin, for won ports,
at the illandtorl reilway at Won, deposed to hely
boxing he horse on the Sth Dm:mbar to go
to Dorchester, with the antresno. of Broom, the
et ,4 groom. The horde woo Prat! quiet- they
pot the horse in the middle-441. I tied tin animal up
lithe usual way. Tam Brown spoke about one rope not
being tired, and he tied 11. Toe mare was tied no in Ins
°raillery say, with just suffteimt wreath of rope to mote
her heal. H ehoord t auk +hi pantie is were Co. 6,a to
4t. 10on. high ;h, did sot know ex actly. A' ter to. horn
was boxel, and bast before 11 was at oohed to 1.. trot,
the horse began to ..tope atol pow with it( (ore-isnt. they
looked in before the ban start el• end the mare I sok• d
all light. Rae et.ruil hy to. 10 10 teen tr Bleudand.
It coo not stoma to nal venni:de horn. by t osuonivis..-
Orose-exemined: He did not kaow uotob about the value
hone.. Pinny of horses went by train wit, theme
nten. It 1••• nenesee ter a bores to strapi.-Wi•iisaa
Goner, guard of the trials on the day in ou.l oe
saw the horn-box attached et Sandford st,t on; it woo
don* quietly. He only west titter as Wientrorne w+lds the
borse.-Crese-examined : It ant at hie duty to loot at
horns in boxes; there wera examinant at different pl.on;
onset Wimborne.-Johu Hunblin,Jrierr of the 10 10 credo
• from Blandford, depond to taking the bore' box to Wisp.
borne, when. it ins deposited on the down.llee, and
d.t ached from hie engine en nun to Dordhester.--Crose-
, exemined : They were *even iiiinotes behml tome 4
Biendford; • sot tounnel thing, U. did not try to Make
up thie limn-Jahn X ITS, the ex miner al Witub allll,
wars called, but did not awes: to 0. natne.-Tootnee
Hoare, • shunt r or horn-driver in employ oi L uodon ant
Scooth-Weeters Rulcoy, d mos of t o teeth( off toe her,..'
box from Bea Hord on the 6th December. end put it on
to ton Dorcheetor train, which left Witntoorne at 11 o'clock.
1 Mare was au 'Min< On the lute at Womb on,. W,ll am
-
Balt, guard, in the ',cordon and m+h- Wetter. Railway
Conponee service, remembered toe two horrobox,e tint
day or Dorcustor-one !rum Bleed( ord, one from Salt'
bury. There was no rough jilting on the way.-C.oes-
examined He dul trot hear son thing unumal into. 1. +x
tint day ; air did he look Lathe box donne the journey
from Wimborne to Dorcheeter.-Alont Bright, driver on
South-Western Roden, in einp.oy of rail coy 18 year,.
Left Wimborn• lass ; no violeoos or Jolting on the !QM
to his keowledge.-11eary Jame. liitelfh, booking-Jerk at
the Domineer station or the South-Western Railway.
said on too 6.0 Don Inspector Barbie toll him some
about • hone. Ile went to the unloadint dick, and
saw • horse in toe box out de side It we in • heavy
sweat. Another horn Coals by solos trato all debt. Mr
Ottuary's groom 6414 "It sneers them right; they ought
to have sent mine one with it, knowing it t he • rowans
creature " Ile looked at ihe box ; the port lion wee from
4ft. iSin. to 41t. litn. high. if,. did not a otic. any 03•111 IA
the box.- Croar-at On:hod: There w,ro neer& porn...
about at toe time *hen the horse wee bong takeu toot
Ho beard II syword LW' the remarks he had etetet If-
q,.ok a no:, alit When Ito dove Lis . v.lstic be•ore the
genitival an fron I, .n 00 0. otate I this. The paristou woe
about 4t 6 a largo. Ile hat not meamral it, but could
c srry it on hi. eye -Inspector &AA •n, at South-Western
8.1 way Station, at 13,,cheet:r, doposs he opeurd the
box contented Mr. (Sundry'. bore,; it was on It. .ids, and
he h.d to remove • partition tog+ t the h me. Hi had
never... a horn down like it lo for e. Ta to were b. nine
on the top of the head, just behind where the steep of the
halt, r mine, showing there lapin iiaVe boon • ilt24/410
before the Wolter broke. The groom •••:d " fat ler •n o one
with the horse I" I answered "No. Then the Oboes said
" There ought Is hen ben 11,00.1 000 th•11."-
CrOIIO,X mins I: The horn hod got clothing on: but no
hood.-In (alumina op the a..., Mr. Eon eke der. It on
the am lent vote in the evidence, solonit•ing in Lord
Br =well's wo &that tleklaintifFeimprobebillty t • Ibsen
p_oved an impoe4lnltty by the defence. -For toe plantar.
Hr. (Sundry &Attendee' the heed-gear wee not •orit able f or
the por1001e• used, and quoting the forth., j idgment of
Bar •n Br•mwell. who held negligenoe, arintid lIIVS •
verdict ttr• who- teiy -It's H moue, in ...miming up Ho.
Cy., to tk jury, •te•rred the goner,' priociplee of low
err, that Carrier. sere b iand ti exerclui care stool
diligence in courerane of any article ant usted to ttioir
ch.r.n. This ease differed in fete from with-,r cue q total
by the camel engaged. Tots animal wee entro4tol to
the raderay o soup au! at Blaudford tor co neyauce to
Dorchester, and nothing had been shoo 'a to prove there
wadi any undue j olting, or an accident on the rood. The
c onoany'e sorraoti sent It On Witt the 'oat •r at ached
+n the usual way. N. thhog further Is seen of the animal
till it is f u..d at D aCheetar With Ile spine bolt on II
this horse. threuglo taboret:A vice of its owe, caused t i.
isjorin ouint.aosd. t mis the railway company in free of
b nook Oa the other baud, if the halter (are way by
to moo ot 11. being worn Oar, then the case •••011105 •
da•-••• aspect, sof the question ax ass-if thr halt •s• bad
not given out wool the actitient bare happened ; or if
the tielter had been strong enough to have burns the
strain, then would the ostoinzal bare been etrangled os
rostreined from falling at 411 From the evidence of the
o•omp•ny's servants the partitions appear to be of the
noel heLtht. Without giving an oa nion oo t owe. he
woad leave the bleu* in the hands of the jury for them
to decide, if they were satiefle 1 the maimed
win not vicious and to did not conduce to
its own injuries, sr did the corn onny use reasonable
one tutioaa for it. lAN -pr.. 0. to /be jory
ratiring for deliberation, Mr. Eiriglake &nod the judge
I, submit different question., fur the jory to anew...-
This met with the approve' of the judge and pobantire
solicitors, and his Honour submitted the two
following queetiona to jury to consider Wes
the kJ sty cauetd by the moralism. or .odd +a
outburst of temper or vim in the mare r Wto the
halter sueldently strong confer onjto.ry oiroooLdo.,c..,
to prevent an sod boutr-Toe retired for a few
min .t 'a, and, on their r.t•ire, gone • nessauve reply to
both q entionk and • verd.et was. utered for the plaintiff
forth, full amouut claimed.-Tote Court tote at about
3 30.