The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1882-03-14 00:00:00

A TRUJIPEBY LAWSUIT.

A Court was held at the Shirehall on Friday lest, before
Kr. Johns, the under Sheriff, for the purpose of assessing
damages in the case John Topp v. (levee Knott. which
bad been sent down from the High Court of Justice,
Queen's Bench Division. The cam came before that
Court some time ego when the defendant did not afrPear.
and judgment went by default. The action was brought
for damages in wronefutly entering the plaintiff's land,
crossing hal Saida, pulling down his fences, and breaking
his locks. Several qthstione were involved in the case
which was rather a complicated affair. Mr. John Tope
farms some land at Hinton St. Mary, near Sturroinater
Newton, se does Mr. Knott, at diendford. On the
plaintif 5 term are two delde named Croat and Little
Welly A former lessee of one of these Melds. a Mr.
Fish, It appeared, had left • hayrick therein, properly
fence I in, and owing to some disagreement between him
and Mr. Tom, as to c 'nein damage alleged to have been
committed, the latter determined to take poweseion of
the rick. In the meantime the said Mr. Fish
had sold the rick t, Kr. Knott, the defendant
In the present action, who in order to take it away
had to travel across the plaintiff's field and teeth
dawn the fence with which it was surrounded. While so
doing, the defen that's son and men were repeatedly
warned that they ears committing • wrongful act, but
they persisted in taking the hay away, not•ittutandlng.
Mr. 'rope then put locks on the gate leading into the
field, and after several times requesting them to leave, he
locked them In. The rain coming on at the Urns the
defendant's son and the labourer., in order to get out of
the field, were compelled to break the locks. In travelling
over the plaintiff's land the waggons of the defendant had
made deep cuts in the soil, and wbi h Was one of the
grounds of the damage, but • great point in the defen-
dant's favour, as c moulded by his advocate, wee that the
feed of the Mild had been let to • Mr. S Lyainar, on whom
the loos, if any, would, of course, fel_ The question of
the tisprick did not enter into the case at Mt, the jury
haring to limit their attention, as directed or tee Under-
Sheriff. entirely to the damage. It appeared to be • most
trumpery came, but one which has already mused con•
aiderable expanse to both parties, and Mr. Johns very
properly remarked it was one which should never have
been brought into court.
Kr. Deb wool, of Sturminster, appeared for the plain-
tiff, and Mr. Bronnand, of Illandford. for the defendant.
Kr. Cooke (Weymouth) was foreman of the jury.
The plaintiff was bat swore, and stated he was • fanner
at Sturminster Newton. Re took poassestoo of the farm,
Dalton's Farm, in Merck, • former lessee of which had been
Kr. Flab. When he took on the farm there was a rick
standing in one of the fields, and he took possession of the
rick as his own property. He afterwards found Kr.
Knott had bought the hay. When he (plaintiff) took
passe•sion of tee hay he gave directions to his man,
John Fox. t hoc ,it in, whici li, did. Soon after-
eerie he went to the field and fould Sidney Knott and
two men in the defendant's employ, namtd Gam and Henry
hoc, carting away the hay. He went to Mr. Dashwood,
who drew out • notice ordering them to leave, • copy of
which he served on young Knott. Oa the following day
he took locks to the field and locked the Iwo, an U in •
policeman's presence the locks were broken off. They
were ordered off several timer, and another noum was
served. They refused to quit the field. Plaintiff had bees
asked t 3 sett's the matter. He had offered to take £45
se damages. lie did not think Ltill would cover everything
I —rick and all.
Mr. Bre:mend : The rick has nothing whatever to do
with th,a ram.
In further examination plaintiff said in June he let the
feed of the fields to Mr. Seymour. Sidney Knott had never
offered to pay the damages caused in gone/across the field.
What he claimed for with the net.
. . . .

.ifiae—rl.l;rlsbiThe—stt7uld till tee jury that the
rick had ontbleg whatever t do with tbe questio3 of
damages. Tbey mot dismiss the hiy entirely from the
(portion.
Breonsad ; Heir many fields did he trespass on 1—
Oa. floe way lOcki did they break I—Throw. Did they
all belong to you I—Yea Ilas Mr. K Kitt ever offered
to refer It to any decent man to settle the case lutween
you I—l swum t going to WC, it with anybody.
(l.iughter.) I offered to take £35, and then there would
on.. !lee. au of 111.. . . . . .

By Ile. Dethwood •. Ths waggons of th I defendant cut
right through the turf; them was • ailed mark there
now. All the circtuustennes being considered, and the
rick having been taken forcibly away, he believed to
be fair sad rsesonable dams's'.
John Fox, labourer, in the employ of the plaintiff, raid
in March but he war reqaestod by his unitise to put •
fence round the rick. He famed it with ash pile • and
poith He believed the rick belonged t Mr. Joito Tops.
The rick wee not Users now, neither WM the fence. lie
was in the Ileld yesterday, and there were still mute of
the waggon wheels. He and another Ono wore bat a thy
in putt ins up the fence.
Harry Fox said in Au rout last be was a lahnurer in the
employ of Kr. Gorge Knott, but now works'! fm
Tope. le that minto hi was directed to gi ti Hinton.
to the ffeld Little Wells. to WIG away the hay. While
there with hi. master'. eon, and another mien named Gig.,
Kr. Topp WOO &IA said they were doing wrong in taking
away the hey. Wither sow him serve a coke no
Sidney Knott. The next day Kr. Tipp put • tick On the
gate; but (Ws broke it of. On the following der •ir Aloe.
man wag there, and in hie prosaism a lock was 'Token off.
Mr. Dashwool afterwards cm. up with • notice. They
were requested to leave the field, but reused. It took
them three days to truss the hay. They were obliged to
break down the fence to get at the hay.
John Simpsin, pslicacinstable stationed at Sturosio•
ator Newton, sei4 be woe lIIVIOItad by Supeaotoi trot
Grant to go to Hiatus fit. Ham as he aPPrehen tel a
breech of th poser. He went to the tell where were
young Knott nut two men. In his presence they broke •
lock of the gate.
In reply ti Kr. Brennani, epitome mid before the lock
was 'woken of, Sydney Knott asked to be allowed to go
through the gate without any bother.
This closed the ewe foe the Plaintiff. fffr• Bfennand
did not think it neesseney to call say WiILOOSKS.
Addressing the Jury. Kr.Dashwaod said, whetter rightly
or not, the rick was claimed by his client, audit was only
an aggravation of the case for Kt. Knott to take it a .Ay
by teem. He did not ask foe exorbitant duisage• He
asked them to take the whole matter into their coneidera•
tioe, and give a reasonable amount of denthges—sufficient
to Prevent SOY $1'00711400 by other personu who bosomed
they had a right to trespass sham and do just as they

.16: &ennead addressed thelury at considerable length.
They were bound to give some damages, berotto• judgment
had been given against hio client. but he w oubi ask to, m
to consider bow far his client had done wrong in going
upon this loud. The question sal—how much damage
had bean oust tined, wad he called their attention ti the
endorsenunt on the writ—wrongfully entering on plain.
tiff's land. crooning his fields, pulling down his fume.,
and breaking his locks. Now, that was what he should
call " piling up the agony." and be would ask them what
romans unwonted to after all? Not • particle of evidence
had been given aa to the amount of damage dose. He
Might as aimtli akroenglit isovw to hove poi Into