The British Press; or, Morning Literary Advertiser.
London, England, 1820-01-24 00:00:00

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foe" differed places 'on the shirts or The gremsd.,
that senin-gueis were positively set in the wood,
lost in such situations as scarcely to be risible. On
the dry eneittimirsi in the dielaration. the 12111 of
Septen:lrer, in the afternoon, the Plaintiff, accom-
pouted by a young man, a friend of his father, writ
to Chrishoill IVisiol to gather nuts. Ili* coin,
wattled him before he entered the wood, Ilea
tliere was danger to be apprehended, and " I
won't go its enders you go first." The Plaintiff;
I'fla• ere. went in, followed by his compn tt i 00000 sod
• hilst in the act of reaching at a hunch of ono. I.e
I-041 upon a wire, a spring-gun exploded. and he
as wounded severely in one of his legs by ttir coo.
tent*. It appeared, on she croto-examitiati 111 l of the
witnesses for the Plaintiff, that his mother, who had
heard that spring-guns were set in the Defendant's
grotiwlr, cautioned him against going there ; and
It also appeared, from the evidence of the Defend-
nit's gamekeeper, ilea a few days Wore the aeci.
51•?iit happened, lie 11141 Irish 11141sitili's composition
that there were spring-guns set in Chrishell %Wood.
livrots °arrow charged the Jury in point of I ew,
that it was 111111,0'0 to set strel.traps and spring-
gam iii the intoner eh irged io the tit-clown ~,,
the Jury found a special verdict for she l'hatasitf,
damages 50f. Rising their opinion upon three teVe-
11l questions put to them-I+t, That there was no
font-path where the Plaintiff was womidesl ;3d, That
the Plaintiff load notice of the 19)611c-winr being
set in Ilse Defendant's grounds at the time of the
accident ; and, 3d, That whets it occurred, he Was
net in the exercise of any right of foot-pith. 1.1,t
T'rm w rule Isaviss,• been obtained for set-
ting aside this verdict, and gtillitflig u new trial: the
con. was now called on for argument.
Mr. A1)01.14114 now, in Nipon of the verdict,
contended, ots the asitlunity ofd the case of tote King
end Clayton, tried in the Comm.',.o Pleas, that no
remise was justified in doing no art tending to kill
or wound soother, although be had gives. a votive.
The same doetrine !sail been recognized in the ca-e
of Jay and Whet ford. tried before the Chief 11110+1
at the Warwick Sommer Aware', 1817. its which
the Derentlanit's hedge of kir garden having been
repeatedly plundered and ',token dowse, he set a
spring gun in it : the Plaintiff came to take a stick
rut of the brae, and touching the 'wine. the gum
went (pH; and he was wounded. The Jury in that
strong case, under the direction of the Learned
Judge, found a verdict for the Pleinsiff for 150/.
Tts. serdict was never dirterbed.
J strike Ilavt.ry staid, in that case it was not
proved that the Plaintiff had notice.
Prle. A noreflus said a recent case had been tried
nt Wettsnitieter, in *Melt the Plaintiff, who bring
sit work on one house. and dropping Otte of his
tools on Ilse adjoining one, reached over to pick it
no, and was wounded by a •pring.guii. which had
I.•.sen set hy the owuer of thirst house, he havis.g re-
peordly had the lead stolen from the roof. It that
cage the Plaintiff had a verdict.
The elltrF Justice said, that C 1110? was tried
I. foie I • ; the verdict was rather a compromise
t an a (loci i
Mr. ADO runt returned. Spring-cons were an
iristritotent of destruction ; and would the owner
of the preini.es on whirl, they were ',laced be jos.
tiff-d its shootisig a prose?, guilty of a simple trees-
pears ? The her would only jostify hum in the use
ef sods force as was spec yto reunite the tree.
pirser, and no more.
Mr. Justice Ileter said, i.i this case the De.
was nbvent. and could not judge of the
come msee..ney ; hat atopposino had hero pre.
sent, and Lad pointed out to the"Pleiutiff the ;blare
where the pin was, end cautioned him not to ad.
'ince, yet had he advautred and been weusieled in
evosequessce, would the Defendant have been lia-
ble to an :stolen
Mr. AOOI.IIIIUS continued. Perhaps not. but lit
ails rase the Plaintiff had no such notice. The
notice 4 nly said that sparing guess were set in the 1111
wood, ollich ens of contislershle extent, and did
not point out the spot where they were yet. Ile
contended, the law would not sanction any man
in spreading latent means or destruction for his
fellow man; the guards thrown about titivate pro-
perty by the law, as it stood, were, he contended,
soffiriently strong, and lie should greatly lament
any decision of their Lordships, which might go
to unction the use of these abominable engines.
Jr would be snore to be desired, that the pruprie.
tore of property rhould have • right to set a watch
on their p remises with a gnus openly to shout tres-
passer.. Such a (we would have reason to guide
lii.i io ili.ceiminaling between accidental sad ie.
tetoioessel Imiparrers—lielarrei Ilse child and the
adult—else drunk and the sober—all of whom were
t quietly expelled to suffer from there horrible en-
woes. Ile contended that property of whatever
ceight only In be protected by legal means,
sod that no one could he justified iii doing injury
so an individual indirectly, which could not be
done directly.
Mr. NIARITAII7, Mr. Gummy, and Mr. WAIL-
FORD, who were of Conss•el for the Defesidaisst,
were proceeding to support the rale, when they
were stopped by the Court, who delivered their
crnions seriatim.
The. emir JVSTICR said they were at present
• el Irons giving any judgment or opinion an
the general question of tilt legality of this 'node of
protecting property. or was it necessary now for
them to give an opinion wheeber repeated and in..
cressiog transgrcsition did not call for the adoption
• atronger measures for the protection of
properly than those et present provided by law.
The question before them now was as to she notice.
—lt was distinctly !proved at the total that the
Plaintiff had notice. both from his mother and a
companion who was with him, that there was
otroger iu going into the wood, yet be persevered
in going. It was not necessary for the Defendant
to point out the precise spot in the wood where the
engine was fixed ; it was sisfficirsit to prove there
was notice given to the Defendant of the risk lie
ran; be still chose to run that r. k ; sod if he re-
ceived itsjory. Ise could not now iu,uutasu his action
moires. the Defrodossi. Ile tiostril, however, al-
flostigh this was the law of else case, the Delesid.
ant's hurnerity would not allow the Plaintiff to he
irijored by it.
The ,it of the hedges agreed in this opinion.
and the rile for setting i e verdict aside was wade
aboolute.
M*111111•117, for the Defendant. said his
elkot filfeleiy Way inclined So adopt the humane
mime lindbeen suggested by their Lordships.