The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1882-02-28 00:00:00

COUNTY COURT.

THEIZSDAY.

(B•fore Mr. Serjeant Tindal-Atkinses.)

li. Mort King, of Calehal. v. Asari•li Lgg fanner
of SLUftinulgal Marshal.--Claita Li, for 10 al.eged to
herd b_en austained inrougo lb. non-dedrery of cnir pigs,
bought by plaintiff from defendant on um ath J snowy
Init.—Mr. Dickinson appeared for the plaintiff and Mr.
Atkinson for the drfendmit.—Al ter hearing Lim endow:*
Lite judge gay. • vordint for the delandant.
Gush.. Hunt.—lii mid case Mr. Dkekitlaoll applied lot
a new trial, on the ground that judgment was obtained at
Lae Mot C.rurt an the defendant's anemia. the applies.
Li ai was grantod.
Junes Oran V. Suakin:l.—TM' was • claim of 30.. for
rent. —Mr. Aikineon appeared lee defendant for whom •
verdict was given.
Siaoens v. Henry Abbott.—Clalm for MI for Imo
sustained by sam of • dimmod Ing.—Nunt.ff Mimed that
on puma/mid three pigs of the delwadant on Use 29M
Ds:ember, and that on ute 3rd of January one of the pigs
dim! of &mane. Toe defendant warranted Me pigs sound at
In. time the deal was ma le.—A intorno au called, who
atated that on cutting toe pig open he found if lull of
water.—DMendant, on being nailed, dulled that he geve '
any warranty with the pig.—hi. Honour said it was
came of Gain against oath, and gave j4dgment toe defend. ,

-lobed King v. K Budden.—Plaintiff, • master brick.
layer, of CosMU, Wimborma, sued the defendant, •
tanner, of Gs*. Mullen, tor £1010... damages &duel ti
have been sustained by persica, injuries and to cstaisg,
sold to have bun caused by the reckless driving of the
defendant The cue waa heard before • jury.
—Mr. H. S. Dickinson •ppeared for the pinintiff. and
Hr. Breuer BM fur the del andant,
_The it.... of the claim
wee. :—Yor lose of OM ploymeni, .0112 165 ;lON of Mocking.
—trousprs. 161. ; hat Es III.; and IL 31. for • necktie--
41 flu ill.; making • total et £3 16.. 9.1. The um of
KS 113,. Ai. had been abandoned aa Part of lb. CI&LUt AO al
to bring the action within the ruse of the tiourt.—Mr.
Dickinson having bridle opened the use on bewail of oh
• celled the plaintiff, who said on the 10th Noma-
her, 1881. hs was going along the road from Winatourne to
Colishili at about mall.past.dve in the afternoon. Hs wee
walking quietly slang the road, at Umtatae of the unideat
he woe as close ea he could get to the abutment 'of the
railway bridge. He did not see the defendant'. trap near
the bridge The ddeadut was on the right hand aide
of the road, and he wee on the left wheel he was
knocked down. He did not us the defendant'. cart null
he wag knocked down. He bat been entleriog ever slue
the &oddest from the injuries he had received,
and WM suffering now. He silsintad twelve
',eke wages; he hid not claimed for ma winch as
he could have earnt it he had been to work.—
Mr. Dskiason said that at Present no claim had been
nude for medical attendance, because, sa matters now
stood, it era@ onoertien whether there would be any. The
tact waa that the plaintiff wad in a club, but if it turned
out by the remit of the acuoa brought that day that he
ought not to have been in receipt of club money, he would
have to pay the media.' Ms out of hie own pocket
Mr. G. Ff. lireAuct phyeiciso and surgeon, of Wimborne,
said that about half-past sic in the evening of to. jokk
November he went, by request, t 0.,. the plaietilf. That
was about an hour after toe accident had ocourrel. He
found plaintiff to be suffering from a very severe shock,
end from two or the.. cuts on the heed, end asverel
bruises but no bases were broken. He toned that
plaintiff had some difilzulty in answering him. Plaintif.
friends issued witar.. tut ho bad not been geruk.
There was at the time qqte suAteient injury to plaintiff'.
bead to acumen for hill not answering witness so
and Intelligibly as he might have done gaira
eras not, however, suffering from any amoneidon of
the brain. He considered at the time that plaintiff
would bare recovered from his injuries in about
• fortnight. H. believed plaintiff was else to work now.—
Frank hitlook. • inaltater's labourer, of Wimberne, mid
he was walking along the Leigh-road on the evening in
question. At the railway arch hew.. ahead of plaintiff,
and saw a flock of sheep coming. He saw the defendant's
trap drawn up by the side of the rood, as if going up to
the railway goofs station. Alter the sheep had pained
defendant etutel oq with hie trap, and witnese saw the
wheel strike tniscorner of the bridge and capsize. Witnas.
saw the trap going over, and it he had not jumped on one
side the trap woulii have fallen on bin.. Mr. Bolden was
thrown out The horse ran away directly the trap eras
upset, and M. Sudden went after It as soon., ho got up.
Ile did not see the Waintiff struck br the trap. On solos
• little wey back he saw the plaintiff lying down in the
road, hiring been knocked down hy the trap.—Witness
wag crom-ezunitsed, but did not c intrarlict his evidence
In chief.-3oha Foster, a b 4, in the employ of Mr. W.
limackton. said that on the evening in quelion he wee
driving • dock of sheep along the Isigh-road, and when
dose to the railway bridge rut the defendant whom be
asked to pall up Ms trap, minute to let the sheep go
by. Defendant pulled up. Vier the 'hasp had gone ty
he saw the defendant's teen draw out and snore on, but
it caught the tsars of the arch and wu turned over.
Mr. Sudden woe throws out, and the horse ran away. On
looking behind he saw plaintiff (who ho knew was walking
along the road after him), lying on the ground. There wet
no train passing over the railway bridge at the time—Mr.
Hill submitted for the defence, that the causing of the
trap wet entirely due to an unavoidable accident He
then called defendant who said that on the ev.ning in
question, as he was driving along the Leigh.roarl, he, at
this reqoest of some ono driving sheep. drew op bit trap by side of the arch clue to the wing or ,d,
He
drew up to within tour cy dye feet of the place where he
struck tits pier subeaquently. Altar he had been upset he went back and helped pick King up He found that
King had had too mach beer. He could not have helped
the accident.--aeorP Uhl,, who wee with the boy
postrr, driving sump at the nicht in (outdoes, cove
similar evidence to that given by Foater.—Mr. c 11,.
Paktum said that on the 23rd November be, at Mr.
Badden's request, went to see King. the 'Walesa He
saw plaintiff's wife, who said her liusbesd Wu out in the
garden. With,., heard a lot of haturnering going on, and
oft plaintiff going into the huge he told witnees he had
been " doing tip" the Pigsty. He considered that the
Plaintiff at the mobsti saw him had recovered from the
effects of the accident ho had met with. —The advocates
having addressed toe jury, and his Honour having
summed up the evidence, the jury retired for • short time
and on rat,,eajap Into court gave a verdict for defendant.'
concluded the bugloss@ of the court.

YBOYIL.
&Wenn Clueing or Aamomons.-41, meeting
of this ehmahm was held on Friday evening at the
Mermaid Hotel, Yeovil Maine Harbin presided, and
there was a large attendance. Captain D dingtoo, of
Horshigton proposed.' Tbat the compulsory adoption
of the Agricultural Holdings Am, 1875, awaaid tea
settlement of the question of the relations of landlord
and tenant " Mr. Norton seconded the resolution.
The discussion was token part nLy *event farmers,
and the practical uselessunes of the Agricultural
Holdings Act piloted out. Mr. Troytaltutlock, bow.
ever, said that RA • landlord he had contracted binneelj
out of the Act. He thought freedom of cootract
_lslOsson landlord and tenant should be maintained.
no moved as an amendment that no farther 'eiolation
ee
Mt the subject w needed. The amendment found no
seconder. Tbe reeAutlon, sightly amended, MIS
cia, led immizaamiy. The new education code WM
dimmed, and a resolation was adopted declaring that
the oust of education should be borne by the Kushequor,
and oonderehme the new Dods no likely to ad pro.
Judicially to voituttary ooltools.