The British Press; or, Morning Literary Advertiser.
London, England, 1820-02-18 00:00:00

HAWKINS D. WARD.

Mr. Scant.ETT stated this was all action to re-
cover damages for ton is An•t.sitted by the Plain-
tiff uu account of Vie negligence of the Defendant.
It appeared that the Plaintiff was a labourer, and
the Defendant a painter and glazier, residing its
Jarne..strert, Lisatai-green. The Plaintiff, on the
morning of the iLmth of April last, was going to
his work, wheeling a harrow before him, and on
his coming before a house of the Dere:Mauer, in
James-a/reel, where the footway was not paved, the
wheel of the barrow struck a po.t. winch made the
barrow rebound, anti the Plaiiiiiff was din/till into
the area belonging to the 13efetielant's house, which
could root have occurred if the area had been pro-
perly fenced. By the fall the Plaintiff received con-
oticrable injury, which had ever since prevented
I from following his avocation. The Learned
Counsel stated it was for this iiijitty slid the Plain-
tiff, by his aetioo, sought damages. It was unne-
cessary for him to state whet was the law on the
• as it was so well knoll) that if a man /lid
not properly fence an area, tr, or other budding
erected on the hi4liway, aad an accident occurred
from the won't of that protection, the proprietor was
inotole fur the damage sustained by his own neglect.
Ile would prove his case, mid after be had done so
he had no doubt that the Jury would give his client
reasonable d image', such would compensate
him for the injury he had sustained.
Mary Davis deposed that she knew the Defen-
dant's house, in James-btrret, Ljoion-gruvr. it was
an uAiati.lird one. The arra wiss finialierl except
the iron work being put up; there was a foot path
between the house and the carriage road. On the
morning of the 28th of April, Mom the opposite
side of the way, aloe saw the Plaintiff with lois
barrow on the path way. she had hardly perceived
him when she saw him fall into the area, she weal
to the place and Grind him lying at the bottom of
the area on his side, with the barrow on him. She
supposed he was dead, and called for assistance ; a
man came and lifted him out of the area ; he was
not able to speak, and was carried on a Imolai to
the hospital. If there lied been an iron railing to
the arra, the Plaintiff could not have fallen into it.
John flaldock stated, that he lived in a house in
James-street, opposite the Defendinot!s; there
was a passage between the carriage road and the
house, but tout a footpath ; it could not be called a
regular footpath, NV It was a mere paertsge fur the
workmen who were finishing the house.
The Csits:F JUSTICE—" Can you carry this case
further ?"

Mf. SCARI.ETT—"d•'O, my Lord, for I JIM 11011.
suited by my own witness."
Mr. GURNEY, Counsel for the Defendant, ob-
served, that if his Learned Friend could have car-
ried his case further, he had no doubt but his client
would be entitled to the'verdict of the Jury, as the
Plaintiff, when the accident happened, was doing
an illegal act, by wheeling his barrow on the foot-
path. Dis client had, however, offered before the
action tvue. brought to give the Plaintiff 51. fur the
injury lie hail stertained, and to prove that his in.
teutions were directed by humanity lie would nut
lake advantage of the non-suit, but consent to ■
Juror being withdrawn, and now pay the V. to the
unfortototte Defendant.

Mr. SCARLETT said lie conyidered this as very
handsome on the part of the Defendant.
A Juror was accordingly withdrawn, which leave
the parties to pay their own costs.
The CHIEF JUSTICE observed, he would never
hold, if a man was doiug an illegal act, by bring-
ing any thing on the pavement which he ought oat,
and received an injury by the negligence of an-
other, Shut be had not the right of action far the
it.jury ; lwceiuse them was a penalty attached to
the offei.ce of wheeling or bringing any carriage on
the pavement or flag-way set apart fur loot pas-
sengers, which conld be recovered in a mammary
way, as provided by Act of Parliautrot,