The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-03-24 00:00:00

WEYMOUTH COUNTY COURT.

Saturday : Before Mr. T. E P. Lefroy, Judge.
Dennis v. Age —Claim for tree's.' uti • piece of land, and
doan,ving • garden—Mr. Blume for plaintiff—The land is
part of the slopes on the railway.
Mr. Bolt said the land was his, and rented by him of the
Great Western Railway Company. He was sworn and said
all the land is mine from the gate to Portland, from one end
of the railway to the other. I rent It through Mr. Onuitham,
their nriant. I produce • list of the tenants, and the
servants of the company are my witneeses,
Mr. Hamm asked for all the vritneesas to leave the court, to
which the Judge acceded.
Mr. Bolt continued 1 paid the rent on March 15th last, and
produce the receipt• The land In question is included in what
1 rent.
Crow-examined : I took it the early part of last year of Mr.
Grantham, permanent inspector of the Great Western Railway
Company. The agreement was that I should have all the lend
from the gate to Portland.
Mr. Howard, Mr. Boles attorney, here appeared, and said
he thought the case was en clew that they would have settled
it without him, and that Mr. Bolt would ounduct the case
sufficiently well.
Mr. Bolt continued that he gave £lO a year for all the slopes
with the exception of those pieces whom wane were on that
list (produced) His tenancy was to commence on January
Ist, he understood. This land was not let for any time; they
had a perfect right to turn him out whenever they liked. Mr.
Grantham would have been here to-day ; but he was called
elsewhere on special business.
Mr. Hanne said his contention was that Mr. Dennis was the
tenant of the land, and had had no notice to quit. The rent
had been paid In advance.
The Judge thought nothing could be done without Mt
Grantham. . _ .

—.Cii:alter Squibb, foreman of platelayers on the Portland
railway, had been ln that employ 6 year'. Had heard Mr.
Bolt speak of this lend; but Mr. Dennis was not present, nor
had he heard of any conversation with Mr. Grantham. Mr.
Bolt took the land off the Great Western Company. Witness
let the land to Mr. Dennis, end onkel him Uhe would give £6
for the hay on the slope.
Ike Jwige said they could do nothing without Mr. Oranthani,
and he advised the legal gentlemen to write to Mr. Ontuthass,
and decide the case by what he said.
Adjourned till next court
Ann Trrrnes v. Jane Greenhant, for £4 Is. fold.
Defendant bad let out pleasure boats. She mid the money
we. owed in her husband's time, and he died 5 years and 7
months ago. He made no will at all, because the boats were in
debt. He left just enough to bury him, and she had been
obliged to mli the boats, as the was lu debt She had pakl Ail,
which au incurred during the time he laid 11, and now she had
Bye children to keep. She had only made £24 of the boats.
Plaintiff mid that defendant had £100; but defendant replied
that was only what was offered her for the business, before
other Wale came against her.
Plaintiff mid she was also • widow with a family, and was
pressed for debt.
Delevelant said she sold the boats for £24, and applied the
money to keep herself and her children.
. .

The.rJudge Mud the money was first applicable to payment of
the husland's debts. She ha.] not paid to the fullest extent of
the value of her hmtand's debts.

Defendant said the bushman, bills were about 120, and she
did not .11 the bumbue. but carried it uu till she could out do
so
oThnY ll:Lficteri.said the had no right to apply her husband's
ruoi:lbeerttyst::ero 1-p3ainent of her expenses, however necessary until
Defendant had received iaruh relief, In the bat four winters,
and had had to go out to days' works. hhe trusted for bread
till she sold the busts, and than she paid her bread bill; butshe
received it rather earlier than she expected. Then she psld
about 453, and her children were bare-footed, and she spent
the rest for herself and her family's noods.
Ordered to pay is. a month.
Read v. If' J. Ilinds.—Mr. Anton defended.

Mr. John Head claimed £2 I. for ren.it in—i-d-rate. Defendant
he mid had signed an agreement to pay it, on being allowed to
leave the house, WI (bout giving. quarter'. notice.
.. .

Yr. Arden naid defendant was quite grilling to pay up to the
time he had the bowie ; but plaintiff sent for the key, and re-let
the bowie so that he wasited to be !rid double rent.

_
said the agreement au to pay haU • quarter and
the rate. The agreement was ill poeuselon 01 tlefentLant's
mother.

Mr. Anlen said the rent was taken monthly, and he propuoed
the reccipU
Plaintiff said he took the house In the midille of November,
and he wait charged for half • quarter from the first of
November, according to an agreement, On condition that
defendant gave up the key, instead of giving a quarter's nut's..
...lisputu are. on the question whether the agreement
ro4tr:w.iludge a stamp.
found that the agreement did not require • stamp
ultimo the value was 0.

---belen-d•id-s•fd-h;ga--;oi up the house on 14th November. and
considered that SI soon ai 110 kr•VC up the key he Wih• treed from
the agreement.
Plaintiff said defendant took • publiebouse without giving
notice, mod agreed to lay half a quarter so that he might not
have to give • quarter s notioe.
The Judge said the agreement did not state that the pity-
meat was to be in lieu of notice.

Mr Arden said defendant Waal willing to pay up to the time
he gave up the key —on Nov. 14.
The rent was 4.36 a year, and Mr. Read said the agreement
was that defendant pay the rate.
Judgment for plaintiff, for three weeks rent, no rate. To be
paid by two instalments.

COAROR YOR WAY LRAM AND DARAOR TO LAND.

Thomas Masters v. Charles Young. Plaintiff was a fanner
of Minimum- d, defendant a builder of Puddletown. This was a
special Jury case.
Mr. B)nsonds for the plaintiff, Mr. Howard for defendant.
The Jury warn: Mr. E ttttt Mr. A Ropers, Mr. W. Miller,
Mr. Jos hiorisrltn, Mr. C. F Allen.
. . .

Mr Symonds said the claim we. for £lO, compensation for
damages by dedendant by carting materials from • plan: called
Itingstenel to • house being built in 1870, for Sir W. Marriott
The materials were landed on plaintiffs farm, awl carted across
plaintiff's fields, crossing some gram fields. For the convenient
removal of these articlea it became necessary to enlarge •
passage filled by a stile, formerly used for foot passengers.
Istfendant asked fur leave to enlarge the passage, to which
plaintiff consented, on a„,cement that compensation should be
made, and the stile and bars replaced. But they had not been
replaced, and instead of the old stiles and tars, there was agate
remaining, made of different materials. no two pieces alike It
was not alwayis convenient to have • gate even in the best con-
dition : but this gate was such that he (Yr. Symonds) altogether
failed to describe M. The puns scrum the pasture field
between the months of August and November did considerable
damage, and defendant did not deny his liability, the only
question being as to what was a proper amount. He thought
the amount claimed, illft was too much, and he would come
over and settle it. But afterward' he repudiated the respon-
sibility altogether.
Plaintiff. 'Thomas Masten: I reside at South down, Owet,
moigne, and occupy South Down farm, abutting on the sea at
Ringleted, near • house occupied by Bea. Sir W. Marriot has
lately built • house on a farm adjoining. Mr. Young was
builder. In Augusta man named Bushrod was superintendent
nf the works. Imw Hushrod in August; became to my house,
and said his muter asked Win to tome and Milian permission
to land some timber on my ground at Rineatud, and cart It to
the new buildings. His master would beideased to pay for any
damage, ad for the accommodation, anything that was fair. 1
was going from home and appointed a meeting on the nest
morning, or the morning after. I saw Bushrod at the door, and
two Cr three were present, my shepherd, my daughter and
others. We aftenvuda toot Bushrod at the spot at !Unpaged,
near the landing place • my son was with me, and Bushrod
pointed out what was minted. I went up from the sea where
we could ass: all the course from the siti •ipt
.2.11
to point to my bars,
441 chain., all over my gnus land. 1 its being done,
and about the tan, I mid I didn't th they would be able to
go through with the waggon. lie said they would take down
lan of the bank, enlarge the gap, and afterwards put it back
as it was before. The ban were removed, the bank cut away
on the north side, for It could not be cut on the • outh aide; It
was too close to the cliff. The bars have never been restored.
The porta were taken away as well as the bars. There was no
way there before, exempt fur foot passengers The land is not
level, and in two places where waster ran they put in • sort of
culvert, and ;melted away • tvortion of the earth to 'meal it
smoother, as there were ridges in the field Nothing has been
restored to the condition It was in before; the cwlverte are now
on the ground, • little stone le put in on one side, and • little
one on the top, and it stops the water, and sends it on the
adjoining side. 1 have men Mr. Young at my house once,
stile the removal was going oil I understood that Mr Young I
wished to land wale stone tiling, when I went down and mopped
the work till • further arrangement was made. Mr. Young
their mine to nay house, and aided what I would chance for
allowing him 1., land some stone tiling for the roof. Up in that
exported plaGa It is very necessary to have heavy tiles, lest they
should be blown away. I found it would be sonic time in
action, and I said I thought he ought to pay me the rent of the
ground, it was 06 acres, and he ought to Pat' Inc a:tn• lie .Lld
It was • little too much ; but lie would see Sir William Marriott,
and get him to allow • portion of the motley. I did not know
but it was 'tuba, and Mem to take away the remaining
portion of the timber, and some sand, Iran the am beach,
used for building.
Mr. Symiande Khope it sail out used for ;damming, for sir
Wan. Marriou:s bake.
Mr. Young : only for the irall; it was battened.
Plaintiff euntintitel : Some time alter defendant came to see
what damage au item, he del not know what he ought G. pap
hion.ll hut Irawont.] tahoe MOW ovlo, nd ahyt he said
it was worth, lie model list. Ile first mid he would come nest
week ; then Mat he can going to London, and mutt t 0.,,.
neat weele. But he had not brought hia friend, nor came hi,.,.
aelf. The Arid I. cut hi mine Planta I do s.oulder 410
reasonable oompensation. 'rho priporty belongs to • family
o to
scressumuldv..
ii.moll::illinl4ll:idai,:ilue:n".:itiiiutu:h'sthiresig"W.dototh'e4atisslnthibe:r:druianYndoThutnifin.
from Weymouth is about seven In• eight miles by rued.
rross-examinal : My farm is about 300 acne.
Mr. Howard : What is the rent t
Mr. Sysnunds : You need not answer.
Mr Howard ; How did you get at £2O for the rest of the
field? _ . _

Mall I'
Mr. Howard It would be dear alt.. an aays.
Plaintiff : I vvmider the land coign me user £1 an acre. It
oasts no over £1 without ruts and tate* There is furze upsn
the gad, It is pswiure, there are no teals them. The field
eownw down to the shore, and the lower part Is furze and
tin.rus, the only part that will grow- anything is where they
went; k worth gee an acre. I would give more than It..
an acre for the whole of tile Relit I have been there 24 years.
We sometimes take furze from there In a wyegun, but not
down to the shorn; I have allowed other people down there,
but not with waggons: I have let people go there with atria
for pebbles I don't believe there were any wheel-tracks there.
1 dld not chance anything then. The stile consisted of two
poste and bars ; it had been standing perhaps two or three
years. It ass a known footpath to Lulworth, but not. halter-
path. When the stile was removed, I did not arrange that Mr.
Young should put a gate. I left it to Mr. Jorty to say what
wag fair. The crossing went on from August up to November.
I consider the sco,rninodation waa worth /.5, and the damage
£5. I consider It was worth quite that. My horses went
down twice for timber, and three times for sand. In January,
OTII, I sent in a lilt for about £9 for hay and hauling ; I had
not thvn sent In any bill for acconiumbition, as I didn't know
what they were going to do ahout the stone. I told Mr. Young
I thought 'twas worth £l, and afterwards the materials were
brought from somewhere else. We brought some sand SLIM
kb October.

being put in, plaintiff 111i,1 the leat item WM on
October 2nd. lieser heard anything about Lima's boat, nor
asked aa a favour for the . ffid.por, 03, ta, taw,
opot, and abookl Uze .

; The Judge: According to the*, he, a farmer, was asking fur
work for his horses at • busy time of the 'war.
Plaintiff cOntinued : I arranged at the commencement to
charge him for damage. About the middle of last year, I sent
a bill for damage The bill gruducal Is mine, and the stone
was landed after that

The Judge then asked *Ay legal gentlemen to retire with him,
which thee did ; hut nothing came of it.
Plaintiff's examination pintlimed : /Some of my lanai is worth
is per per acre, and some 151 , and this pieee is worth t:i.
Before August 1372, there were no fresh tracks there. The
stile mu t'nlY a font "Ile, not a hunting gate, or halter.path. I
haie known this plaee 27 years.
Mr. James Masters, plaintiff's son, eomoborated his father.
Bushrod said Mr. Young was willing to pay anything in reason.
A very roughly made gate has been left Mr. Young promised
to come and lee what damage was done ; hut he did not. After.
wards met Mr. Young in Weymouth, when he said he would
write and make his father an offer, and he thought a 2 or ai
ought to settle It. Witmer said he must think hla father
very short of money if £2 or would settle an stair of that

- Crow-examined :Rucarts and waggons hail been there for
furze. A few rushes were in the corner of the field. The track
was over the bolt part of the land. It was not maile better by
the carte and waggons going over it. Red seen other vehicles
go over it, by his father's penninion. A road to Uri.. Is to
the left of the house. leading to itsminitton, Lu!worth, Ice,
Re.cuuninoil: The public imad has no cutinixtion with this
field. A furniture tan went to 80...w'5. The furze is mostly
near napes.
. .

damm Pearce, in the employ of Mr Mainers, corroborated as
to the agreement between limbosl and plshitiff, and that •
vssy rough thing was left in idaie I the stile.
Coss examined : I have nailed op the old stile twice.
Mr. C Jesty, surveyor. I made the plan produced. It would
be a groat acconunolation in bringing materials from Wey-
mouth to Sir W. Maniott's house, to be allored to land them
at Saggi's and bring them across this field. I went and looked
at the place, and came to the conclusion that the acoommods.
lion was worth I:10. If I had been in Mr. Young's place. I
consider I should have thought the accommodation worth
LIO. The land Is pretty good average I and; stock will get fa
there.
Ily the Judge: It would be worth 4s. or 5s a ton ditferenee
between landing goods there and bringing them across the
Sold, anti bringing them round from Weymouth.
Crow...examined : I can't say I have onisiderod the evil of
Pending goods by water and the wharfage of timber. If Mr.
Masters's ace mmodation is worth 1;10, I cannot tell what it
would be worth to an over Capt. Foster'. land.
Itconantiund : Mr. Maaters's field is the best ;Sir W. Marriott's
house is up on the chalk dill.
Mr. W. Chileolt : I live at Osmington and know Southdown
farm anti Mr. Mastery's. The bast portion of the land is worth
305. an acre. There are 9:1 acres .1g...1 Intel there. For the
damage done to the field, the stile being east down, c, I
should estimate L 4 or to be a proper amount. The drains
are choked, and the water goes over the land.
Cross-examined: There are tracks there deeper than an inch.
Mr. John Beet: lam a farmer at WarmwelL This Sold is
worth 30s. an acre, and the track pease' up through the best
portion of the land. The damage done would be about £3 to

Cress-examined: I an, Mr. Masters's brother-In-law. I did
not see the land till It or IS months afterwards The
w
went over about an acre and-a-half of land, for they dlisgTol
ill go In one track.
Mr. Howard, for the defendant, sold the claim was for two
Items, one for accommodation, and the other for damage. In
estimating thc accommodation they must ix:insider the cost of
taking the goods the whole of the way from Weymouth to Sir
W. Marriott's house. Neither Mr. Masters nor Mr. Jody gave
any explanation as to the way the value of the acconunodation
was arrived at, and there was no evidence to show the value.
But he should prove that the accommodation was worth
nothing at all, by the time the material was taken by water,
and up the steep hill to Sir W. Marriott', house. Mr. Young
had no Idea of having anything to pay for accommodation at
all. In this out-of-the-way place, very near to Whitenoae, the
question of the haulage was most important, Mr. Young
estimated It intending to take it all round by road, until Beggs
asked him about bringing it by the boat, and Mr Young had
it that way, to do good to people around him. When Maaters
asked what he was going to pay, Mr Young said he would
have no more that way, and he stopped the whole. The accom-
modationwae worth leo than nothing.
. . _

The Judge said he should tell the Jury that was no answer to
the action. ifs person made • bargain, It was no defence to
say that the bargain was an unprofitable one.
Mr. Howard said the only bargain made was for a reasonable
sum for the aocommodatlon. The land was • miserable piece
unfenced. abutting on the sea, and the waggons had palmed
over it only seven days, over • piece about hail an 111 TO. He
would show that the herbage waa not hurt, but improved, the
only piece good being that over which the waggons went If
they were of opinion that there was no accommodation and no
damage, the Jury would give • verdict for defendant. it Mr.
Masters had said "Before you put • foot or a board upon my
land, my charge Is L 20," Mr. Young would be hound to lay It;
but the only bargain was for • reasonable accommodation.
Mr. Young: I am • builder, of Puddletown, and arranged to
build • house for Sir William Marriott at Whitenose. Bushrod
is my foreman. I never knew Mr. Masters till October 2nd
1872, when Bus/trod sent to lay that Masters had stopped all
carting. I went on October 4th, and said : "Mr. Mader.; I
find there is some difficulty about the haulage." Ile said "Yea ;
I have been considering the Job you are doing there for Sir
William Marriott, and I think you ought to pay we £20." I
stopped the matter altogether, and had nothing more that
way. It was my intention from the first to go round the
road ; but Mr. Daggs first suggestol coining to boat It was
cheaper 4. come by road than by boat, and acres this field.
I had the material that way entirely because Ilagtry asked me,
and /dastenn to to the haulage. I put two culvert, in the field.
Mr. Maaters had put one there before fer his on n ace mini.-
dation, for it Was always a cart road before. The bank was
pared away • little. Before the cohorts were init in
there Was 011ie a deer 'piney place of mud. It Was a PigT of
bad farming that the culverts waxy filled up; Mr. Masters
should have kept them open. The stile before was singdy •
rotton rough rail between two poets, and part of it was taken
home by a maii and burnt. The gate I put there In better
than what I found there. I never thought of compensation
till the time the t9D was mentioned to me, nor when the bill
for haulage was sent In. The only day. I used the land was
seven days. It was burnt brown, &nil was as bard as a turn-
pike road. Ni impresaion could be made on it. I consider
impnool his land by filling up the places where his cattle
often sunk in. The stoma tiling was sent by Moreton station ;
I should have been mad to fend it by boat, salt would oust we
three times as much. I did not lice the 12.1 after October.
When I paid Masters for haulage, nothing was saki about com-
pensation. I have seen plaintiff cart furze that way.
Cross-examine.' : This was used by Mr. Masters as a
road.

Hushrod : I am M the employ td Mr. Young, and
went to Mr. Masters's in August. I said "Mr. Muter., we
want to beg a favour of pm, will you allow us to land our
timber and material at ilaggs's and go over your land i" He
said "Ye.. Who Is guile, vi do our hauling ?" replkd
" Mr. Palmer, of Ower /ath." Ile said "I should be very
glad to do your hauling" I said "My master would be miry
to pay you as well as any one else." I said "We shall want
I Into to put In a gateway." I went on my own Mad. Masters
said " You're welosne ; but whatever ou do, do on >our
awn expense • bring no expense on me." There were wheel
tracks on the land, mid it •as lounit up right brown ; there
was hail any I,oreen grUS there. 113111.1gu Wm, dune over the
land. dung in hours, excepting once by Mr. Bryiner, and
once by Mr. Young's horses. The land as. as steep that we
only had &one-horse waggon with four horses. thu the other
oceasimis the materials were Wien by road and the sand was
brought up over the digs by dunkevs and a place cut there.
Cross-examined : The waggon road was still left through
where the stile was. I made the gate there. Nobody Id
see the tracka ; It was as hard ma turnpike road. There was
mit a handful of herbage there.
Re-examined : When I left (begat.,, it was perfectly secure.
I left it looked, and it was afterwards nailed up
Hy the Judge : The them whist-vsea who have morn that I
offered for mailer to pay for compensation for going over the
laud have sworn that which is not true.

M.!want Lee : I was in Mr. Miller's employ, the foreman for
Mr. /former. on September 21, and trent or for • load of
lime. When I got there I went down near the bench, and
bromtlit up about Pi or 20 ort. of thin boonlo. The fano was
dry and hand. out I omitl etureely see the lienuarke of the
hm^-4.-.4 %hen 1.;:ot cm the ;oven, Capt ',miter's land.
' •

„
t'roe• e•aii;ii7ed : It a-as-wont • litde iiiere .hient below.
1111A111 iillpry : In t/et.,ber 1372, I work.l at Holworth, at
ntamoe's work. In the higher ground it wae burnt up, irlUt
ru•beig, and brazablui there. . .

Geom..: Dicker, a bricklayer's labourer, plainly heard Mr.
Masten say it w.ta much better for the culvert.. The ground
Wit dry, and in cracks.
William Palmer, atm hauled for Mr. Young at llolworth,
said he charged ns. a t.. 11 for hauling to Upton from Weymouth.
In answer to the Judge, Mr. Howard said they paid he. • ton
for the hosting, and they had to pay Maaters'a haulage beside,
so Out it oost more by
.that. way. than round the mad.

James Tucker said the old stile wu a rotten ahh rail, and
when pulled down n came into small lbe pita put up
WY • good fine one, so that you could easily use it a., / stile,
and fir. Masters said it was better than before. When Mr.
Masters did the hauling, there wee one grey hoes among 'em.
Mr. G. /iceman, surveyor to the Local Board of the borough
of Weymouth and Melanins Regis : I have been for many
years engaged in building, and was once employed in superin-
tending • building at Whitemose station. The materials were
all brought by land ; it would be madness to tarry them by
water, for there would be much /WIT expense.
Cromesaniined : My son haa supplied some scaffold poles for
the building.
Mr. Shires, surveyor, water menfolk maker, and land drainer;
I have drained land at /101 worth. Some of the land Is clayey,
sandy, and stony. The culverts amid not he an injury but an
improvement. The ord, taking it at IN feet wide would only
be all Lure and half of ground; but half that width is the
proper width for a sari road. The tracts were about one to
two inches doep.
. . . . .

Crum-examined saw the track, yesterday.
Mr. ii007"1 had two or three niore eithcsom to rill ; but
the Judge mid that if they only saw the [dace a day or two
ago, their es Went.: would be of tittle or no value. They there.
fore were not.caflett

iin.,;;itl miff-Coped the jury urging that the damage was
nothing, haring only been done by • one-horse waggon with
four horses, passing during 28 hours altogether over half an
acre or an acre of ground at • time when it was burnt tip hard.
At the time of agreement there was only a bargain for 11.1.0011-
able wairsimodation, itnd It had been that tin
dation was worth nothing. The whole WA tier maw !non
ISuabrod trying to do • kindness to the poor man Rego, with
whom On lodged, though Mr. Young wadi liable for the acts of
his servant.

Mr. Symonds also replied saying that unless three witnesses
had committed wilful perjury, the contract was proved. It
was not disputed that everything was to be re/ de‘yed no before
The gate could not be an ad‘antage, •• it only made • waggon
way which everybody' inight use, but whith he did not want to
use himself. As to the culverts, underground drains are not
a/way* the best for land, espedally for oow stock who would
naturallv ;;lii to the water•counies for water, and who in this
case, did go and break in the drains. As to the cost of the
different mode* of trowel, there was no Means of taitimating
the comparative expel., lie argued that thu amount tit)
claimed wax • reasonable Inc.

The Judge put it to the Jury were they satisflod there was
an wreentent that, if plaintiff would alio. the ty.o.la to he
carted over hie laud, Mastery thould be paid for the ..... '-
dation. limihrod wria itot altogether • disititertaned
for he had done what witediupprovoil of by hie asa+ter, he had
made LI agreentent ill fatour .4 his friend. Ile kit it flret to
the jury to aay whether there was tut agreement betweett
plaintil! and Duefinal. -

'7ii;C:lnTiaiTreei.iiliat there was a cuntract fur compensation,
for inj4ry.iloloat.2.lhe land.
. . . . .

The.sil;lire maid thy actual dantage to the land klid not appear
to he a ,cry acrious item, and the principal itcau was a* to the
value 41 the at.vonutiodati?n. -

•
The Jury found a rerdlvt for ihlaiutiff, damagee 5. Thia
Ont.

The he thought t• very lair vertlid, and Just
%hat o, illouW have givenhirnlf
The Court sat tilt about four o'clock.