The Sun.
London, England, 1834-12-19 00:00:00

COURT OF COMMON PLEAS, DEc.lB

CARPENTER V. NICHOLL.
This was an action to recover damages for running down
the plaintiff's ship.
The plaintiff, a respectable cornfactor in the City, in Oc-
tober, 1833, had consigned to him, by a house at Wisbeach,
275 quarters of wheat, which was put on board a regular
trader between that place and the port of London, belong-
ing to a man of the name of Hickson, called the Thomas
and Harriett. She had proceeded on her voyage safely,
until the night of the Ist of November, when, upon tacking
opposite the buoy at the east end of the Whiting Sands,
opposite a place called Orfordness, she was met by a Scotch
vessel, belonging to the defendant, called the Dundee, which
struck her a-midships, she being at the time on the larboard
tack, ran her down and sunk her. The crew then on board,
consisting of the master, his father (the owner of the vessel),
and brother, and a lad of the name of Mason, were soused
into the water, and with great difficulty escaped drowning ;
they, however, were picked up by the defendant's crew, and
taken on board their vessel, where they had dry clothes
given them, and were treated with great kindness by them.
It was contended that the accident was attributable to a
proper look out not having been kept by the people on
board the defendant's vessel, which being so much larger
than the plaintiff's, his being only of 40 or 50 tons, the de-
fendant's being 120 tons, ought to have been much more
strict in doing so ; and that the plaintiff was pursuing his
right course at the time the collision took place. In sup-
port of this statement the crew were called, who confirmed it.
Mr. CRESWELL, on the part of the defendant, contended
that the loss the plaintiff had sustained was not imputable
to the defendant ; that it entirely arose from the plaintiff's
want of activity in getting out of their way, with the dark-
ness
-of the night upon the occasion.

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Mr. Sergeant WILDE having replied,
The CHIEF JUSTICE summed up, and the Jury found a
verdict for the defendant.

COURT OF EXCHEQUER, Dic. 18.

HOLTURN V. LOTAN.

Mr. HILL stated that this action was brought to recover
damages for an assault and false imprisonment. The
plaintiff was a mechanic, and the defendant the proprietor
of one of the Oundle coaches. On the Ist of June the
plaintiff had occasion to come to town from his resi-
dence at Finchley, and on the road was overtaken by the
Oundle stage coach, which was driven by the defendant.
The plaintiff got on the'Steps at the back of the coach, and
that way rode some distance, when he was desired to get
down. He did not do so dimmediately, and the defendant
then got off the coach at The inn where it stopped, and ex-
amined the boot, and missing the parcel from it, followed
and charged the plaintiff (who had walked on) with hay-
ing stolen it. A policeman was sent for, who, by the de-
sire of the defendant, took the plaintiff into custody, and
he was taken afterwards before the magistrates at Hatton
Garden, by whom he was remanded for further examina-
tion ; but on being brought before them two days after-
wards, he was discharged from custody. These were the
facts of the case, and he called upon the Jury to give a ver-
dict for the plaintiff.
Verdict for the plaintiff. Damages 20/.