The Sun.
London, England, 1813-12-11 00:00:00

LAW )'''i,l4'll,loMet,ll,.

t.7.0k/lIT OF KING'S te.

LAKE V. TAYLC/t.

Tht Airfoinc4v4traEltAt. stated this to. be tt.' o
! action brought by a young woman who lived with
.an allot at Islington, *tb recover a cotupensation
its damageSi front the defendant, the proprietor of
one of the stages running between London and
Islingtons; for an injury sustained' by her, while
proceeding: as an Outside passenger on the top of
the defendant's coach, whence she was precipitated
in consequence of the negligence of the defen-
dant's serVairt, in running :his •cOach• against
post whielt stood by the mdeof the road. Seldom
allay passed in which injtirieS of this kind did init:
arise, and it was hardly posSiblefor a person to cast
his eyes over a newspaper in which were recorded
the passingoecurrences of the dayovit hunt witness,
lug sollle fresh &dam ity having been sustained by in-
dividuals who are necessitated to (rest themselves
to the mercy of drivers, of stage coaches. In the
present case it would be seen not only that the
plaintiff had sustained at serious injury from 'the
negligence of the defendant's servant, but that
the fellow had even the inhumanity, on finding
Chat the young .‘vonnin was too much hurt to pro-
ceed immediately, that he went on without her,
Itatting her to.shift for herself in the best manner
she could, in consequence of which she might
have ,been exposed to additional inconvenience,
had it nut been for the attention and kindneis of
some persons who were passing at the time, by
whom she ,vas sent home in a coach to her aunt's
house. The public, he thought, AVere obliged to
persons who brought actions of this kind, and the
.litry, he was satisfied, would do their duty in giv-
ing reasonable damages.
Witnesses proved the accident to have been
occasioned by the negligenee of the coachman,
either in driving against the post, or in running
his wheel into
,a broken part of the road, which
he might have avoided, and by which the coach
was driven against the post, and the outside pas-
,sengers thrown to the ground. It also appeared
that the plaintiff had not, to the present moment,
recovered from the effects of the fall. ' •

Yr. JERVIS, for the defendant, admitted that he
must be respolisible for the negligence of hi:, ser-
vant, but in the circumstances of the care; `con-
tended. tlint there was no ground for giving exces-
sive damages.

The Juii, found for•the plaintiff--Damages 301.

YOUNG V. BROUGHTON.

• This was an act urn to recover the possession of
a prize wherry. The ,circumstances of the case
ivere these the month of August last a boat-
race, or regatta, took place at Liinehouse. Se-
veral yomq Men, who had served their appren-,
ticeships in that neighbourhood, were selected as
the competitors tor the prize, which Was the
Avherry now in dispute. .Boats were moored at
,iven distances, round which four heats were to
he rowed, the last or grand heat icing that which
was to decide the contest. " The three first heats
having been terminated, three young men, the
plaintiff and two Others, of the names of I lart and
Cox, were chosen us those who, by their superior
skill, were entitled torow the last heat. Ithese
utcn ass..mbled at the starting, where the mana-
gers of the race were stationed, and at the firin`g
of a pistol, started for the wager. They had not
proceeded far, however, before Hart and COX be-
came foul of each other, and Voting dashed for-
ward.- lie was called on' to retrace his course;
but.it having been agreed on the previous night,
that in case of the boats running foul, he who
should be free should proceed without interrup-
tion, he Would not obey the mandate, but finished
his career, and obtained possession of the prize.
It was, however; subsequently seized by the de-
fendant, one of the managers, at.l lienee the ,pre-
sent action arose. • •

Witnesses having been. Called to prove tbeie
facts--

Mr. PARKE addressed ,the Court and Jury on
the part of the defendant, and obierved, he sinful('
be enabled .to prove that his client equi perfectly
justified in the course lie had pursued. He was
ready to admit, that an agreement* bad been en-
tered into by all' the parties on the night preceding
the race, and that the three tiro hears of the race
had been performed under that agreemenr. Sub-
sequent to the termination of the third heat, how-
ever, the managers were informed that the plain,
tifTund Cox, satisfied of the superior skill of Hart,
had determined to run .foul of him, in order to pre-
vent his success ; iii consequence of this informa-
tion, they, with a due regard to the interests of
all, propOSed a new agreement,. by which it was
arranged that, case of fintli»g,". all should
retnrn to the goal, 'awl start afresh, This 6kter-
min4ition was communicated to the competitors
before theystart,?d,.tuul. they altacceded to it. Tin:
pistol wa.s after winds fired, and
They had not got twenty yards, honieit:r, 'before
Co t,did fOtil Hart. They immediately returned,
according to their previous rcsolution, and,Young
wns called to follow their exami)le: He re-
fused, continued ills course; and, finally, finish-
ed -the allotted distance. Oil his return, he
ham(' that the prize' hail been removed, as the
race h'ad been pronounced. unfair, 'consequently.
he did not obtain poviessitin of the wherry at the
time. He was resolved, hoWcver, to gain that
by foul means which he could not by fair, and the
same evening, with a party of his friends, went
to the Boat-builder's, where it was deposited,
broke open the warehouse, and carried it off in
trittinpli. The defendant afterwards possessed
himself' of it in a peaceable
.manner, .and, very
properly, refusal to give it up. •
The ATTORNEY-GENFitAL contended,. that as
the race had Connaienced under 4i 11 igreesaent made,
the night before, no new agreement cOuld he
considered as binding on the plaintiff;. he had; in
pursuance of the first arrangement, prosecuted:
and 'won the r4ce, and was therefore entitled to
his bunt.

Lord Ect:ANTlonouGli held, that if during the
race a.sccond agreement was mode, to which the
plaintiff had acceded, then most, certainly he was
bound to abide by it.
Mr. PAuxe said, of this no doubt could be en-
tertained, and immediately called, tire witnesses,
who all positively swore CO the agreetnent made
at the eannoeliCenietit of the fotirth heat, to which
they said YoUng fully neceded—Plaintilfrtuttyuitcrl.