The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-08-16 00:00:00

DORCHESTER COUNTY COURT.
TUnDAY.

(Baled e Mr. Serjeant nodal-Atkin/ion, Judge).
CLAIM FOR RIOT.
Oratory p Zdkint —This was • claim for £2O, half-yeor's
rent on a house in Soutiretreet. Dorchester.—Mr. T.
Coombasolieltarnppeared for the plaintiff.—A letter from
the defendant was put In, in which be said there was a
counter claim for Aztares.—Mr. Coombe said he wag will-
ing to allow £5 for fixtures.—A verdict •SS4 given for 1.20
subject to the defendant accepting the £.5 for the fixtures.
If he refused,the verdict would still stand. and the defend-
ant would be at liberty to bring his action.
JURY Curt
Nott v. Sansways.—Mr. Brennand for the plaintiff, and
Mr. Howard for the defendant.
This was a claim brought by • hay dealer, living at
Sturminstea against the defendant. • farmer, living at
Paddletrenthide. The claim. as stated by Mr. Brennan&
was for £lO-42 of which was the value of the hay which
be contended the farmer had converted to his own use
the other Al which he claimed was for damages on
amount of his having to send for the hay, at when the
persons were mint they found that it had been taken and
converted to the defendant's use, thereby entailing a
fruitless loaner/
111 r. Howard celled Mr. Stibey to speak to the value of
the bay. Be said he was • valuer, residing at Alton
Paneme. He bad seen some hay in a carthouee in the
alltofMr. Samways. There was about& ton of the
beril, wee not trussed. It was of the most inferior
quality—ea inferior as he could well imagine. It Wowed
to be sernod shear clover, and it was very fanny and dosty.
To anyone on the spot he should value it at 15e, but it
was sot worth OttMlal sway
His Honour : Theu it would require a hone or donkey
of rood digestion to manage it. (Laughter.)
gr. Nosh the plaintiff, said he lived et Sturminster
Nowise, and had carried on the business of hay dealer for
22 or 20 years. In 18/9 be bought mom. hay on the Plush
estate, and bed every year More. The hay was bought by
auction of Mr. &monde. The bay in question was made
the same year as he bought it. Ile bought it for new hay.
There were about seven tons in the rick, and he gave £l7
for it. Be bad sold from the rick about • ton to Mr.
Pope, for which be charged £4. He sold some more, ant
on the 611 i April of this year he saw the remainder of the
hay. It was then the end of the rich' he should say there I
were three tons of it, and he sold it as such. He sent
was weapons. two men, and • lad for it. The hay wee
not eery -iiret-ciass, but he thought £3 • ton was • fair
thine.
In reply to Mr. Howard, witness denied the hay was
fusty r. Pope, who bought the first lot, had been to
loth at the hay, but be had told him it would not snit
him become the quality was not good enough.
By his licetoer If he had sold the hay he should have
charged a • ton for it.
Kr. Howard pet in a letter which Mr. &mews had
written to the pthintiff, in which he said that the hay bad
been standing on the far at Plush for some time, and be
t it Woo m
ded to the place. The stock had eaten all
=hit It wee not worth carrving away, but be could
have it If he would send for it and pay the cost of labour.
Mr. Howard : Did you ever apply for the hay, or ask
Kr. Itheawaye to let it remain thee /
Plaintiff : No ; I did aot know Kr Saloways had taken
the plain.
His Honour : Has Mr. Samways used the hay I
Mr. Howard: Mots bit of it, your Hcnour. It is not
worth moving.
Kis Honour:_ This a cam that ought to have been
emmied out of Court.
Kr. Brennand said he should have been glad to have
mese to some arrangement.
Mr. Howard: There is no arrangement to come to,
that he should come and take away the hay.
Het Honour said the whole case rested on the question
whether Mr. &mowers had used any of the hay Of not.
Both solicitors endeavoured to come to some arrange-
meat between the parties, but failed, and the case wee
continued.
Aor,b„., Fudge, in the employ of the plaintiff,
aid in April. BSI. he went to Plush Farm for the hay.
sad there saw the defendant's man, who ra'd his master
bad gime Min orders to take the hay into the house, and
be wead take the consequences of it. He would not ad-
vise him to C• 0101,8 It. 1 here were two others with him
(w,twoo.). and they had three weiptons. lie did not see
the bay, but was told it was in Use house.
In erows-exansination be said be did not go to the (arm-
holes. and did not know if any ns was living there. He
saw the hay was None. He had never been there before.
MD met the defendant's man, who said he could not ad-
elm him to take it away, begs. his muter was using
eithe of it for the horses.
Charles Hideout, who was with the last witness at the
time rove corroborative evidence.
K. Howard, for the defence, called Mr. gte aways, who
said be entered on the farm at Plush at Christmas. It
wag over 200 a=ve. When he tarok ion he found in
the corner of one of the meads a tier soliellsay. He did not
'thew whose it was. It was undermined three or four
feet all round, and he was olviged to have it fenced
round to keep it from falling down. In March and awn,
during the rough winds, the rick fell down. He left it
there • week or ten due, when he had mcation te clean
em the mead for mowieg. Ile told his man to take It to
bbi cart-house, with instructions to give it up if applied
the. It was worthlwa and he would not bays his stock
tooth it. Other farmers' stock bad SCOOBB t the field.
•-e not an atom of the bay had been touched
The hay was still In the same Mare.
ea that which Mr. Stibey had seen. He
half-a-crown for It. It would have killed

oc

1141/1e

laboorsr, In the employ of Mr. Finny&lll.
Thnatmsa, when his mester took the fans,
if hay in the mead. The hay was not fit
ben it fell down It was carried into the
for all he knew that which WU serried
KAM was there still. When 111 r Nott's
me it, they said th.• should not touch it,
been resteimd. Witmer further stated
it hay had beim seed.
a carter in Mr. libsoway's employ:wild he
Saga part of • rick is • mead on the farm
The hay was mouldy, sad Da fit for stock
: Tbsa ta• bona would tont up task

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