The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-07-26 00:00:00

COUNTY COURT.

. There were vary few for hearing g at the monthly
Sitting on Monday ; a man must be very hard-up logo
courting.' this weather. Has Honour—Mr. Serjeaut
Tindal Atkinson—had recognised the absurdity of
appeanng in a head-dress of judicial horse hair, when
just outside the glass was showing 140 odd, and he
accordingly eat without his wig, throwing off his wise
saws and haulm:ha with a cool 'serenity that was quite
refreshing. The only CAM, that at all occupied the
judge's attention for any length of time, and that he
speedily cut short was that of
Hopewell v. Taylor.—The plaintiff is the proprietor
of George Hopewell and Co. s iron works, Topsham,
near Exeter, and the defendant is a founder of Poole.
Thu Omuta!, who was represented by Mr. Trevanion,
sought to recover of the defendant, for whom Mr.
Travers appeared, damages for an alleged infringement
of • patent which he had taken out fur lire bars for
steam boilers and other furnaces. The advantages
claimed for these bars are that they are particularly
adapted for the burning of 16111611 coal, and being made
of wrought iron and reversible, can be used both sides,
thus being as good as two sets of ordinary bars.—Mr.
'Travers, for the defendant, said their contention was
that the bars they made were not at all of the nature of
the plaintiirs.—His Honour said in that case they ought
to have given him notice, so that he might have had the
assistance of some practical 111/U as assessor. This was
just one of the eases where the legislature contemplated.
the judges should have skilled advice. He had exureieed
that power in two cases since he had been on that
circuit—the one the running down of a yacht, and the
other with reference to the professional treatment of a
broken log—and in each with considerable advantage.
Before the County Courts' Act was passed lie could not
have tried such • case at all, now that such duty
devolved upon a judge they ought to assist him in every
way they could. Was there any objection to adjourning
the case for the assistance of an assessor /—Mr.
Trevanion thought the case was so simple that it would
not occupy inure than a few minutes. -His Honour said
it was an invaluable advantage to have the assistance of
a trained mind. Very often what appeared so very
plain to the learned advocates was not quite 6U clear
when it came to be gone into.—Mr. Trevanion produced
one of the plaintiff's bars, and also one of the defendant's,
and said his argument was that they were just alike.—
His Honour having looked at them, said they certainly
did appear uncommonly alike. It appeared to him as
Butler had written :

"Ah met What perils do environ
The man that meddles with cold iron."

Mr. Travers said they would protest that they had not
in any way infringed the plaintiff's patent inasmuch as
their bars were introduced before it was taken out.—
Mr. Trevanion said he should show it was nothing but
a colourable evasion, and when he proved that the
defendant had replaced some of their bars with his own
he thought that would show an infringement.—His
Honour said it appeared to him that this was prechedy
one of those cases contemplated by the Legislature when
they passed the Act, an act which proved one of the
most powerful adjuncts for the administration of justice
in the inferior court&—Mr. Trevanion remarked he was
quite willing to have it adjourned for the assistance of
an assessor, but there was this difficulty that his client
lived at Exeter.—His Honour: Well, it's a very pleasant
time of the year for travelling, and it's better he should
come from Exeter than injustice should be done. —Mr.
Trevanion said his client was a rich man, and the
defendant was nut, and he did not wish to shipwreck
hint. 110 had therefore offered to accept an apology and
a promise from him that he would not make any more.
his Honour thought it would be as well if they could
cmuo to some arrangenient.—As however the defendant
refused the terms offered, tho Cabe was adjourned until
the September court.