The Sun.
London, England, 1838-11-22 00:00:00

MARRIOTT V. TARPLEY.

This was a case concerning a right of way through the
pleasure grounds of Mr. Pack, in the parish of Floore, in
Northamptonshire, and concerning which a great deal of
litigation has been long going on between Mr. Pack and
the Vicar, Mr. Tarpley. Some question now arose as to
the terms of an issue which the Court had directed at the
hearing of the cause, to try the only point that remained
undecided ; namely, the right of a church-way.
The grounds of the application were that a general feel-
ing existed against Mr. Tarpley in Northamptonshire, and
that Mr. Pack had participated in various acts and publi-
cations by which the public mind was prejudiced against
the claims of that gentleman.
The argument, which had not concluded when the Court
rose, will be proceeded with to-morrow (this day).

COURT OF QUEEN'S BENCH, Nor. 21.

FENTON V. THE DUBLIN STEAM-PACKET COMPANY.

This was an action to recover compensation in damages
for an injury done to the plaintiff's vessel by the steam-boat
Kingston, of which the defendants were owners. The de-
fendants had chartered the vessel to a Mr. Dale, of York-
shire, for the space of six months, he paying for the same
at the rate of 201. per month ; the defendants undertaking
to keep the vessel in good order for the conveyance of
goods and passengers between Newcastle and Poole, or any
other places Dale might employ the vessel in navigating to
during the period of the charter-party. Dale was to pay
all harbour dues, duties, penalties, and seamen's and cap-
tain's wages, and the value of the coals, oil, &c., consumed
on board the vessel, and also to insure the vessel for
3,000/. ; and in case, at the end of six months, he should
wish to retain the vessel in his service, he should be at
liberty to do so for six months longer, at 25/. per month,
and might take the vessel to any coasting places he might
think proper. The cause was tried before Mr. Baron
Alderson, at York, when the injury complained of was
proved to have been occasioned by the steam-vessel, and
the defence relied on was, that the parties against whom
the action was brought had been mistaken, for that it
ought to have been the charterer, Mr. Dale, and not the
owners. A verdict was given for the plaintiff, subject to
this objection. A rule had since been obtained to set aside
this verdict and enter a nonsuit.
Mr. Alexander, Mr. Baines, and Mr. Wortley now
showed cause, and contended that the action was properly
brought against the persons who had the control of the
captain and crew.
Mr. Sergeant ATCHERLEY and Mr. WIGHTMAN, in sup-
port of the rule, admitted that the general principle of law
was as contended for on the other side ; but insisted that
the proper application of that principle would clearly show
that Mr. Dale was here the master of the captain and crew,
and was, consequently, liable for their acts.
The COURT, after the Judges had consulted together, ex-
pressed a decided opinion that, under this charter-party, the
right to change the captain and crew, and appoint fresh per-
sons in their stead, was not in Mr. Dale, but in defendants.
The captain and crew were therefore the servants of the
defendants, and not of Mr. Dale ' • and the defendants were
consequently liable for their acts.
The rule for a nonsuit was accordingly discharged.

BAIL COURT, Nor. 21.
CHURCH-RATES.
Mr. AUSTIN applied to the Court to enlarge a rule ob-
tained on a forrner day by Mr. Wheatley for a Inamiamzi,
commanding the churchwarden and overseers of the parish
of Walsall to make a rate for the repayment of a sum ad-