The Sun.
London, England, 1803-03-03 00:00:00

seats".

The ,Gentleman wl(o was' travelling with the
Plaintiff' swore, that after they were in the chaise,
the Defendant's servant Caine to them, 'and de-
manded i Bs. for the hire. The Plaintiff' refused' to
pay, saying, -it was an exorbitant demand. The
ostler. then demanded 16s. This was also refused.
Cooper the Defendant then came to Mr. Messiter,
the Plaintiff, and abused him, and his companion,
calling them blackguards and.scoundrels, and swore
they should not havehis chaise at all. The' Plain.
tiff, being anxious td proceed on his journey, offered
him a guinea, and desired.him to take for the hire
of his 'chaise.. This 'he refused, and desired the
driver to take the chaise into the yard,
.and to
throw the luggage out ; Which was dime, and the
.
Plaint
'tvaS obliged' to procure a chaise from
another place.
- - -

Six Witnesses from the stables were• called by the
Defendant, who swore that it was usual, to pay for
the chaise before it -set our, and chat it was the
constant custom to insist upon a previous, payment,
to prevent losses by the drivers being robbed, which
frequently happened on the road. They also swure .
that the Defendant was very grossly abused by the
PlaintifF ; that no tender was made, and that the
Defendant behaved himself with civility and pro.
priety.
Mr. ERSKINE, on behalf of the Defendant, con.
tended that he bad a right to insist on precious
'payment.
•
Lord Et.krilsottotrau .told the Jury ttat he
thought an Inn4;eeper bad A light to insist upon
previous payment, if made before the travellers got
into the chaise, but if he suffered their luggage to
be fastened on, and the travellers to take possession
of the chaise, without making any demand, they had
a right to insist on proceeding Without previous
payment.. With respect to the tender, his Lordship
said; the :evidence was contraaiaory, but if they
believed the tender was made, he thought the De.
fendant had no ground of defence whatever. lie
left it to the jury, who found a vcrdia for the
Plaistiff fur nominal damages.

THOMAS AND 'OTHERS Z. DAY' AND °TWIRL
The piaintiffs are Ship-brokers, the Defendants
are Warehousemen, and this was an Adion to re-,,
cover the loss occasioned ty several,pieces of linen
cloth that fell into. the street opposite tha Defend-
ants' warehouse, by which they became damaged by
dirty water.
The Defence was, that the linen was brought by
the Carman, who was the-servant of the Plaintiffs.
That it was the custom to fasten goods by slings
previous to putting them in the crane ;.-that they
did so in the case of these goods, to several of the
bales, but; that in the case of those which were the
stibjeeiof this Aaiun, they fastened the ram's-head
of, the crane to the rope with which these goods were
tied, by desire of the Carman, Who 'brought these
good's in his cart ; that he said he would not wait
any longer in the rain, for it was then very rainy :
that the goods were thus put into-the crane by 'the
rOpe, which broke, and the goods fell, and by which
the loss was occasioned.; that it was owing entirely
to' the conduit of the. Carman, who was the Agent
.of the Plaintiffs, And' that therefore the Plaintiffs,
ought to sustain the los's, Szc.

But. Lord. ELLENBOROUGII held,,•that the mo.
ment.thegoods were fastened to the tackle of the
Defendants', (and every part oldie crane. was their
tackle as warehousemen) they were responsible for
whatever damage happened .to the goods: It was
no answer to say, that they were. put into the crane
in the way which the Carman desired, and that he
was the servant of the Plaintifn, because the De.
fendants had a right to say theY,Would ta)ce in goods
in the way they thought tit, or to tell the Carman
or any body else, they would not take them at all.
There was a. great deal of contrariety of 'evidence
in this Case, but it was on fads that were. not ma.
terial to, this issue If the Jury adapted his idea
on this Caiethey would find for the .Plaintiffs, the
measure of damages they had in the loss proved to
hiivr been sustained.

Verditt for t!--.e Plaintiff4--I)arnnes 251. ins. 9

FROM THE BAREADOES MERCURY.