The British Press; or, Morning Literary Advertiser.
London, England, 1806-02-07 00:00:00

•

1..4►r INTELLTGENCE.

- _
OF KIIIG'S WESTMINITCP-Fit. 6.
the sitting of the Court, Mr. Jervis appeared
the Bar, in the full dress of a King's
when lANDOSLOVGH addressed
early as follows: •
4r. Jervis-314 Majeov having Feen pleaied to appoint
00C of his Crtui.cl, kinned In the Law, !.uu will take
r place within the Bar accordingly."
Jervis, immediately after the usual saluta-
took his ,eat.

. Court was occupied, almost the whole day,
hearing motions far new trials; among which
the following:—

AJOII.- RRRRR AL 0110$ V. CLLIS and MAUI.
was an anion for an arrest and false im•
prisonment, tried the last Assizes, for the County
" 'k, when the Plaintiff obtained a Verdia of
damages.
le case now C 21113 before the Court, upon :no-
. for a new trial, on the ground of excessive
damages.
It appeared, horn the Judge's report, that the
Plaintiff, who was lately returned from the East
ladies, happcaed to visit Harrowgate, for she ben.-
fit' of the waters ; when, one day, he was arrested
for 4,4501. by tne Defendants, the one being a
Bailiff, and the other the Attnrney, in the action.
remonstrated with them, and assured them he
the person they took him for ; but they
not allow bins his blur ty, until Lord
wen a•i a Gentleman, who happened
there at the time, pledged themselves
_ be was not the person ; and, entered into
bail-bond to. the Sheriff, in 9,8061. The person
who was the real •flefendant, turned oat to be

. Colonel Dixon, of Anton Hill, in Backisgham-
shire. From the cGrtespondence between Allen, the
Attorney, and the agents, in town, the former
was desired to inquire, in Harrovrgate, for Colonel
Dixon. who, he was infarined, had been lately
there. In answer to this, Allan sail, that

made every inquiry. he could find no such
; but was informed that a Gentleman
name was expeCted at the Green lhakon, in
er two ; observing, that the inn-keepers In that
'the country were particularly shy, when they
bailiff, or any ether Gentleman of the Law
enquiring for their guests, and therefore he desired
exalt description of the man he was to have ar-
'd. The reply to this letter, brought the de-
, description, which answered, in almost every
particular, with Gen:t;tl Dixon's person, " lately
• from abro.td, a dark complexion, low stature,
speaking the:Scotch
After hearing Counsel on both sides.
Lord ELIANSVItOUGH observed, that had there
the least violence in the execution of the writ,
t might be some grounds for retaining the ver-
bat thought these inflamed damages were not
applicable to this case. However, he con-
ed but reasonable, that General Dixon should
exonerated from all eapenee upon the subjea,
therefore advised that he should be satisfied

his full costs.
,nd the final decision 'iced over till the Plaint-
should be made Acquainted with this intimation
• Court.

COMMON FI.EkS, Fu. 6.
wtepiwo R.l WILL•N.

Justice Roost read liisnotes taken on the trial
s anion, a report of which, some time ago, :lis-
elited in this Paper. It was a case in which the
gatintiff recovered 301. damages, the value of a
to he was riding near the White Lion, on Finch-
Common, on the 221 of April, ISO, when the
•rant of the Defendant, who was coachman of the
' Northampton stage, those against him, and
the horse's leg.
motion was now made for a new ti ial, cn the
of the matter stated in the affidavits of the

Coachman, and three of the passengers in the
at the time of the accident. These stated,
it was its no wise owing to any want of care on
part of the driver ; but that the horse of the
Plaintiff became skittish and restive at the time the
-1' was descending the hill, at the bottom of
they came in contact; and that it was owing
bad horsemanship of the Plaintiff, in impru-
__, checking his mare. and this causing her to
present herself in the track of the coach, that the
accident occurred at all, as there were nine feet of
the roadleft on the site to which he inclined, for his
and safe passage. The coachman was per-
sober, driving at the rate of about seven
an hour; and, in the opinion of the deponents,
all to blame for the accident.
Serjeant Cocas!.r., tor the Plaintiff, shewed
tease against the Rule. lie contended, that the
evidence in the case. as already tried, was abundant-
ly sufficient to attach negligence, RWAS most culpahle
obstinacy, to the servant of the Defendant, who was
-a the wrong side of the road when he drove against
Plaintiff; and almost precluded him the means
. escape from the coach ; whilst, on the other side,
was a space of eight yards of the road, upon which
there was no obstacle, and where the reach might as
well here been driven, as over the horse of the Plaint-
The coachman might have seen the Plaintiff,
a•ho was walking Hs ho: se, and cotversing with a
lady (his wifi;), waWng .in the causeway, more than
yids before he came up to him ; " but," said
the learned Serjeant, " these people, instead
of attending to their duty, and avoiding all
annoyance and dlr.,
care not what force they
drive against, sa that the erllision is not so violent
as to produce their own overthrow (and here the
coachman has admitted, it it had been a waggon,
instead nt the Plaintiff's horse, he would have made
• they do to the body
• care not."
"Iller,l is, indeed.
brother Cockell ;
of the case, as now
ought to be allowed
. a perverse verdi.l.
should."
A NOT ER.

skewed Cause against •
tf, set asiJe the ver-
been entered on the
his ohjetlion on the
and ►Vainwright,

.:~

% . •

Lad guaranteed the Plaintiff in certain coeds, v•ltich
beeii •.

had . sent to a Mr. Woolridge, in America.
The Courts held, that the documents produced to
that end, attached no tesponsibility to the Defend-
antt and the Rule to set aside the Verdid, W 45 ac-
cordingly made absolute, and without Costs.

, .
.
COURT
At the
hebind t
Counsel,
him, av:
•Il )4, j
%011 One e
Jour place
Mr. JI
Lions, to
The (
in heart
were the
I4AJC
This I
prisonnst
of York,
2001. dal
' The c
tion for
danlaget
It apj
Plaintiff,
ladies, 1
fit' of tk
for 4,45
Bailiff,
He rem
was not
would
Bellhave
to be t
' that be
a bail-bc
who wa
a Colon
shire. F
Attorne
was dui
Dixon.
seen tht
having
person t
of that I
a day Of
part oft
saw a 1
enquirir
an 'sal
rested.
sired de
particul
conse fr
and spe
After
Lord
been thi
there m
did, be
at all a
sielered
• be e son
and the
with hi
And
iff shea
of the I
Mr.J
of this ,
pealed
Plaiatil
horse h
' Icy Cot
ifilWala
old No
*.ke t'
Am
merits
Ceachr
coach
I that it .
the pat
rlaintil
coach 1
' which I
to the
dandy
present
occldee
the roa
hee as
fectly
I moles at
sot at
Serje
ILIUM a
- &video(
ly suffic
Chains,
label
fist Mai
of weal
'rag a s

1 wai, for ity s but vflgu injury the)
against which they drive, they cat
1 Chief Justice hi•Nsriato—" '
V snoch justice in your observation,
4 bo: , under all the circumstarees a
3 before u% I think the Defendant •
l to h.,ve another hearing."
1. k
iJusticee certainly c oosasi —y
17 Ifollltni7hhtei it i
1 itoupiress v. kisis.:7 and
Ms. Serjeant V AVON A N shrwed
1! ,Rille which had t-cii obt.i.oed to
d.et for the PLlttaiff . ixl is:11 had Is
II :s1 of shit cast.. •He giounticci h
es, that tl.ellc:enda:it.„ Green
MIMI