The Sun.
London, England, 1862-08-11 00:00:00

SEALE V. WRAGGE.

This was an action to recover damages for injuries
caused to the plaintiff's carriage upon his return
from the races on the Derby day.
Mr. Hawkins, Q.C., Mr. Prentice, and Mr. J.
Sharpe appeared for the plaintiff; Sergeant Ballan-
tine and Mr. Garth were for the defendant.
The plaintiff in this action it appeared was a
gentleman residing in Craven-street, Strand, and the
defendant is a coach proprietor and job-master at
Walthamstow, and it was stated that he used to drive
the renowned Brighton coach, the Vivid. On the
Derby day the plaintiff and some other gentlemen,
all of whom were connected with the law, went to
Epsom in a carriage and pair, and the accident that
was the subject of inquiry occurred about 8 o'clock at
night, on the return home. According to the evi-
dence of plaintiff and his witnesses, his coachman
was in the act of pulling into a rank of carriages
that were going along on the near side of the road,
by the direction of the police, when the defendant,
who was driving a drag in which were a number of
gentlemen, came up at a rapid rate, and his hind
near wheel caught the off hind wheel of the plain-
tiff's carriage, and broke it to pieces, and threw the
party out. None of them, however, it appeared,
received any personal injury, and the amount of the
damage done to the vehicle was estimated at £l6.
The case on the part of defendant was, that the ac-
cident arose from the carriage of the plaintiff having
suddenly backed out of the rank upon the drag, not
through the negligence of the driver, but on account
of a jibbing horse having suddenly stopped and
thrown the rank into disorder. It appeared in the
course of the case that no application was made to
the defendant for compensation after the accident,
but he was at once served with a copy of a writ, and
also that an attempt had been made to get the trial
sent down to the Warwick assizes, the ground for
this application being an affidavit that a fair trial
could not be had in the county of Surrey.
Sergeant Ballantine, in addressing the jury for
the defendant, endeavoured to show that the ac•
cident was occasioned by the plaintiff's carriage,
and that there was no negligence on the part of
the defendant, who, he said, from the position
he formerly held, must have been a first-rate whip<
He also characterised the action as a very trumpery
one, and said he believed it would never have been
brought if it had not unfortunately happened that
all the persons in the carriage were lawyers or con-
nected with the law.

Baron Bramwell, umming up,said it certainly
appeared to him a very great pity that a case like
hwhen a sum of £l6 appeared to be all that
dispute, should have been brought for trial
awt
tais
thas in
,
assizes at an enormous expense, when it
might have been very easily settled in the County
Court,
and he also observed upon the folly of endea-
vouring
to have the trial sent down to the Warwick
assizes.

The Jury, after some deliberation, returned a
verdict for the plaintiff, but it was arranged that
the amount of damages should be settled out of
court.

There were several causes in the list in this court
in which the plaintiffs were professional artistes
and the defendant was Mr. Simpson, the late pro-
prietor of Cremorne. The actions were all similar to
the one tried at Lowes last week, and, as upon that
occasion, the plaintiff obtained a verdict, the ques-
if the defendant had entered
tion being, into sea-

son engagements with the parties for their services
at the Surrey-gardens during the present season.
Mr. Simpson would not contest the point any fur-
ther, and these actions were all understood to be
settled.

(Before Baron Martin.)
His Lordship disposed of a number of common
jury causes during the day; one of them, Fletcher
v. Marriott, occupied a considerable time. The
plaintiff, Major Fletcher, sued the defendant, who
was his father-in-law, to recover the sum of £3OO,
the balance of £l,BOO that had been paid for his
commission in one of the West Indian regiments.
The case appeared to have arisen out of family dif-
ferences, and was of no interest to the public.

CALLANDER. THE MOORS AND FORESTS.—
Sportsmen are beginning to arrive at their shooting boxes
in this quarter. The weather is very wet. The stock of
grouse here is below the average, and there is a great defi-
ciency of young birds. The coveys on the best ranges here
do not exceed from four to six birds in each----indeed it is
almost rare to see a covey with more than four. On the
Balquidder moors the birds are much smaller than usual,
having grown ill. There is, however, an abundance of old
birds. On the Stronvar, Edinchip, Strathgartney, Arn-
prior, and Leny moors average sport is not expected, and
the birds are not nearly full grown. On the Callander
moors the prospects are rather better. Fallow deer in the
forests are plentiful and in excellent condition. Rod-fish-
ing.—Excellent baskets of fresh-water trout are got almost
Achray, and Loch Lubnak, anglers are making capital
daily on the fishing waters here. On Loch Ard, Loch
sport. Several of the trout weigh 41b. to 71b. On Loch
Vennachar, Loch Voil, and the Lake of Monteith trout
fishing is very successful, and some anglers on Tuesday
got from ten to twelve dozen. Visitors.—This season the
visitors are few, and the betel and lodging-house keepers ,
complain, of au aurenaunentive season.—scotsman.