The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-19 00:00:00

Li4W INIALLWAIVCE.

CJUICT OF KING'S BENCH, Wasrus x , lust I

Sallow at Nisi Prim:, br/o►e Lard Chit/. jeatice
ELIA...OIIOIIOH.
cos MAN V. cu. run.

This was an aZlion brought to recover compensa-
tion in damages, lor an injury sustained by the
Plaintiff, by reason of the negligence of the D.-
fenclant's servant.

he Plaintiff, in this case, was a cooper, and the
Defendant. 4 coach-owner, who was in the habit of
letting oat for hire, to tile Post-office. I.llllle of the
wicker-carts, used to carry the Mails, from the dif-
ferent receiving houses throughout this metropolis,
to the Post-office, in the course of which duty,
great expedition is necessary.
It appteare 1 in evidence. that, no the evening of
the 6th of January. 1906, about six o'clock. the
Plain.:ff was returning from Woolwich, on horse•
back, snits/ to meet his wife and family. In pass-
ing tinough Oxford-street, hit horse going at a
gentle pane, u:ion his proper side of the way, the
Defend sot's servant, named Deal, driving one of
those carts, stopped for a moment, at one of the
lost-lffice teeeisiti;;-houses, at the corner of Po-
tan.l-street While a man threw the mail-bag into the
cart, the driver set oil' at lull speed ; and, while he
Yes oijusiing the hag in the C4ll, his ba.k turned
to his hor,e, going at a most rapid pace, he ran
against the Plaintirr. who had not time tip get out of
the way ; he was thrown with area: •itilerice from
is horse, and had both bones of his leg fraduted,
in so bad a manner, that he was upwards of 4&
weeks confined to his room, unable to attend to aLy
kind of buiiness During the whole of this time,
he was a'tended by tnev emine:t surg:ons, Messrs.
Chevalier and Lucas, the limp being in sn-01:1 a
state, as to require their utmost care MIL; atteAtion.
i-le was a.. s under the necessity of havi:ig nu' se-
tenders ; and as he ha 1, before this accident, super-
intended his business in peron, l•e era, at consider-
able exp-nse an having a man. properly skilled, to
sulny :,is pl Ace. H's litealta was Also so rnueh
paired. by Song confirseraent, i;I4C 114 pisysicians
thought it iniuspensable to his recovery, that ha
should go for some time to the country ; he acttord-
ingly went to St. Alban's, and afterwards to Mar-
gate; whicO, besides negleding his btisiness, in-
volved him in very great expense.. and it is still
doubtful whether he ever will sti:Eciently recover
the use of his leg again. The etpenses he had been
put to, erclusive of tlie psi, he had sub red. the
loss of his business. etc. amounted to upward:, of
1301.

Mr. G. II now, for the Defendant, observed, that
his Client was a man of a twist rerpr.ftable ant irre-
proachable charaaer, who was admitted, noon all
tiands, to br perleMy innocent of ihi, iianiaCt!im ;
and altliaug•. toe law made him reiriii•inle for the
aft .at his servant, and however groat the inkrty
sui:eioed he the putt,, he united the wo ill
not mike ibt.ir virdia the sublea of oppreis;f4l
against a m.n, who, as tar as Ills individual eha-
ratter was culicerne.!, appeared perfeCtly innocent.
Lard FAA taitialtoeun having observed u,mn the
neersii y these kind of •!tioiis, in order
to teach per s.ini ?bit they were not to iiiive tuiiously
tbrarath ,cll ACtr AS this, to 1.11.1411.4C1 the trs .4
His hlajas:l'. suhjefts, told the Jury. they were not
only L. Like jou, c,,siLiJerxion the afloat money
pai 1 by tut' Pl sinti6, but give him suo further sum
as migh: he a re.oen tbl compensation for the pain
and inc.aaTenieace he I:.id undeiglor.
Versl;:i tar the Plaintdi.—Dialia4es 2001.

1140Ug9 0. lima., Rag.

was an adi•in of astauit and battery, to
which th,t Delenda t a.td pkiatied the several pleas
following—dm. N,,t Limliy ; then. a plea of justi-
fication, cnargirg the 11.4intilf with first assaulting
him, the Defendant t and that she, tile
having inaptoperly in:rade:l hrstlf into
his apartment. he gently lai4 his hantls on her anti
taunt(' her out. •

Mr. Panel, ist stating the Plaintiff's case, te•
gritted aacee.iingly that he shoulJ have to complain
of a Gentleman, wh like himself, ha I .dr tally
years worn the same habit he then were (that of
Barrister) ; and who, fr:an his profesion, s!to.d.l
have known better than to file such pleas as those
in this ailion, which he Atilt have known were
totally unfounded. The Defendant was formerly
a Barrister, and now possessed con: drrable pro•
perry in the North of England. lie was a man of
robust constitution, and to size ail_letic, abaut
years of age, and it was most Curious. that he
should plead, that the Plaintiff had first assaulted
him, when it appeared she wei a weak old lady. of
about 63 years of age, keeping a lodigineouse in
MargArei-.t reel, Cavenithsh.sy nate. The Detenian t
livedso her house, in the first fashion, kept two cat rt.
ages, sm. On the 3.1 February last, the D:tendant
being a man of violent passions, sent for Mrs. Brooks,
in order, it was unt.rrstuod, to complain of her ser-
vant ; Mrs. Brooks having, at ;he same time, some
complaint against the Deferstut himself. for some
irregulatitiea of his during her absence io the coun•
try, relative to his introduc:ng a female stranger
At certain Lours into the house, was remonstrating
with him upon the impropriety of his conduct, whets
he violently seized her, turned her out of the room,
awl shut the door in her face, accompanying these
ails with abusive language. Her arm in conse-
quente was mit, and hat gown torn. On the lids
of the same month, a porter came with a qiiantity
of hams and bacon from Yorkshire, a present to the
Defandant, who insisted upon depositing them is a
state.roons or back-kitchen, of which Mrs. Brooks
wi;:ted to kelp the entire occupants.. to herself, and
refused to permit the harm and kacon any room
there. Upssn this the Defendant New into a passino,
abused her, took her ',Vsy the .houlthiri, grazest her
cheek with his top as be raised hie arm. end forgo,

.e.l"tz".-r9zl-rsr

~.,..por

My threw her clown upon the stone El or of her
kitchen. whereby she was much bruised.
These fats were proved by Jane Roberts, the
servant of the Plaintiff.

Mr. Claaaow, for the Defendant, c.onsidered
this a most ridiculous and preposterous story. Mrs.
Brooks. brawling with resentment. accuses this
Gentleman, who is a bachelor, of having a lady to
breakfast with him ; and then, because be wished
to get shut of her vociferous tolitete, he turns bet
out, and she swears he assaulted he►.

He then called Corner, the Defend int's servant-
man, who could not prove any thing ; and Bush,
the porter, who carried the hams and bacon ; and
who stated, that After Mrs. Brooks had opposed
th?ir depositing the &c. in the hack kitchen,
and assaulted both F:•:; and the Defendarr, he
saw her sprawling up.mr her back, in the middle of
the floor, but could nut teil the reason.

Lord k:i.t.cstiotcu:oli told the Jury. that as the
first assault stood uncontradid ed. they must find a
verditt for the Plaintiff upon that one ; and with
respe9 to the s,cood, they would consider whether
the story of the .se•vant-rnsid had been at all con-
tradined by the evidence of the porter.
The Jury, atter a short consultation, hie:might in
verdift for the Plaintiff upon both assaults.—
Damages at

COURT OF CJMVION PLFAS, %VESTA'S X Jana 13
•
Sir J• Nis MANSFIELD, this day, sat at Niti P• 00

PATH, v. LisTON

This was an Ilion brOugil by the Plaintiff. an
attorney, to recnver from the Defendant, a gentle-
man, in Son) rsetshire, his proportion of the
expense of soliciting in Parliament a Bill to inclose
a common, of which he, along with others, was
partly proprietor. The ritit!iral rutin° to Parlia-
ment was signed by all the pliti.s concerned, and
the Def,n amongst the reit, so fat b4ck as 1802,
but the Bill itself was inst. The Defendant di.i not
conceive th.? he ba,l rendered himself liable is at.y
pets .nap expenses by his si;.ot dote, bnt that it suss
to be deftayed by the sale of part of the common-
able lands. Annrl;;; liiil tv.ts proposed ti• be pre-
sented, two years Afterwards but to that he never
gave his consent. It appeared that there were in all
thirty tights to the cinition, that Mr. Payne him.
self was positise.i of fourteen of them, and had re-
covered the propm;inn of expenses for twelve other
sprout,, at 161. each, but ha l orv-r till now brought
fors': his claim against .Ir. Liston.

Learrien.Jui'ms was of cpinion, that the sig.
nature to a petition to Hashament, tendered Ow per-
son to signing it liable to a proportion of the ex-
pense.—Verdia for the Plaintiff, 501.