The Sun.
London, England, 1809-12-05 00:00:00

standing was general, from v4rit the Judges lad
said in a fox-hunting cause, in the year's 807, by
which it bad been held,' that a hunter may pursue a
fox over the land of another, provided it be started,
on the ground of a third person ;- but.now, the law
was understood to be otherwise, and The defendant,
although as fond. of the chace•as any body, would no
mbre offend the law in the pursuit of it than any
of the King's. subjeets. - He_ maintained that this
Case
_had been greatly magnified and exaggerated to
the part of-the plaintiff.
Lord ELLEISBOROUGg obstrved, that' his was .ritt4
a mere inquiry of damages, although the Defendant
having suffered to stand, his plea of justification, say-
ing. that he did this in order io.destroy. that beast of
prey andclestruatva animal, called the fox, he hxd
left it open to the other side to give general evidence
of intention ; and, to, be sure, there was nothing
more ridiculous than to say .that his Pursuit was the
destrudion of an animal which he reared. As to
the law, there certainly had been a misconception;
for it was thought, that if a fox was started upon the
land of one person, the bunter might lawfully pur-
sue it over the laud of another, notwithstanding no-
tice that he should not.. That was not contended
to be the law in the pursuit of a hare. It was no
more the law in pursuit of a fox than that of a hare;
and the law was now settled, that nobody,shall• be at
liberty to go over the ground of another, without his
leave, in any hunting pursuit whatever. The Jury
had now only to consider the damages.
Verdict for the I.laintiff—Damages tot. .

I%jONDAY, DEC. 4.

WATTS V. FERMOR.

This.was an a&ion against the defendant for the 1
negligence of his servant. in driving his barouche
against the plaintiff's gig, overturning it, and wound-
ing the Plaintiff. It appeared-by the evidence, •
that the plaintiff was a stable-keeper in town, who,
in company tritira friend, went to the last. Eporn
races in a single horse-chaise.' l'he defendant was
a man of large ,fottune, who was also in his
barouche and four. On their way home, the plain-
tiff' and his gip-was going quietly up the hill, in the
middle of the road, when the 'defendant's and Lord
Sefton's barouche came along at the rate of 12 or 14
Miles an hour. Lord Sefton's barouche passed the
plaintiff, and by the evidence of a gentleman's ser-
vant, who was standing on his master's garden-wall„
there was: plenty of room for the defendant's car-
riage to have passed. .But the coachman thought
proper to come sonear that the hind wheel of the
barouche caught the gig, and over-turned it. The
plaintiff and his friend were, of course, both thrown
on the ground,• and the plaintiff was cut du the
leg, and had -a severe contusion on the head. •
Mr. Robinson, a surgeon, in the neighbourhood,
said, that he considered the injury he received so
very 'serious, that he felt it necessary to call in the
assistance of Mm. Heaviside, the surgeon. It was a
considerable time before, the ptaintitf recovered suf-
ficient health to enable him to go to Brighton, where
he still remained labouring under the Weds of the
accident.

. For the defendant, the coachman, the butler, and
the postillion of Mr. Fermor, were called, who all
endeavoured to represent the accident as occasioned
by plaintiff himself ; they stated, that the plaintiff,
as the barouche was passing, drove his 'horse that
way, as. they believed: with a view to upset - them,
and that in fad he had nearly done it. They also
represented the plaintitras being drunk when he was
on the ground. It was however proved, that he
and his friend had drank but one bottle of home-
brewed ale, which they carried with them, and a
bottle of Sherry between them and others, and that
he was really. stupid. at the .time, from the blow
which be har. received on the head.
Mr. GARROW inade a most able reply, and com-
mented with severity on the condua of the Defen-
dant's witnesses, who, he said, had aetually been
guilty, of perjury, to shelter their master from .the
consequences of. their own iniscondnO.
The Jury found for the plaintiff, damages 400 L .