The British Press; or, Morning Literary Advertiser. — 1803-02-24 (London, England)

ATKINS V. BOVE.T.  This was an aiflion brought by the-Plaintiff Atkins, a free Waterman, inhabiting ceruiin morns in an •old building calleJFlanbury-house,in the Hamlet of Poplar, against Mr. Bovey, a gentleman of fortune and his landlord, to -recover damages for a trespass. It appeared that the Plaintiff occupied a few rooms • on the north-east part of the building, and that the. -Defendant, having purchased the whole, was desirous of converting it into three distinct tenements. With this view he had the place surveyed—it was in a most dilapidated state. The Defendant gave or•dests to untile the house, and that the entire brickwork, on the back part of .the building, should be pulled tlowuto the ground. In consequence of this, she rooms-occupied by Atkins, his wife, (who was in a state of pregnancy,) and five children, one of whom was el of the small-pox, were exposed to the inclemency of the weather. The Plaintirs residence was rendered, bythis procedure of the Defendant, dangerous in the extreme. The building, left without its proper support, was in hourly expectation of crumbling to atoms ; and it -was proved, that had there been. andfigh wind, it could not have resisted it, but the Plaintiff and his family must have. been buried in the ruins. A-stack of chimneys did, in fail, fall, and the terror it operated, upon the; mind of Mrs. Atkins, brought on a premature de-. livery, but, in the language of the midwife who' assisted her, " happily, and by God's providence, she had a good getting up." This witness stated, that while Mrs. Atkins was .laying-in, there were holes in the room which any one might have crept .through. It appeared, that Mr. Bovey was remonstrated with, as to the danger to which he exposed Atkins and his'family ; and it was observed, that at the first high wind, the house would be blown down. " Well, then," said he, "it will kill some of them, and I wish to get rid of them." A Mr. Batch stated, that a high wall was left is so dangerous a situation, that he expeCted every moment it would fall. He was so impressed with the impropriety of the Defendant's conduet, that he had made up kis mind, it it should fall and kill any children who might be under it, to appear as a witness against the Plaintiff upon a charge of murder. All these faits were stated to the Jury by Mr. Erskine, and were fully proved. Mr. Gaititow endeavoured to palliate the eon.' dud of the Defendant. He observed, that the injury had ben greatly aggravated, and with regard to Mrs. Atkins- whatever inconvenience she might ' have suflered, :he had been safely delivered of a • " Jolly yoaag waterman." Lord ELLESIIOII4)IIGH, in the couree of his addrestio the Jury, severely animadverted on the con•of the Defendant. He was of opinion, that had the wall fallen after he had notice of its dangerous state, and killed any children, the .Defendant would have had some difficulty in clearing himself from a charge of murder. He considered the words used by the Defendant as indications of a malicious disposition towards the Plaintiff and his family. He thought it a case in which the Plaintiff was intitled to damages for the misery and inconvenience he had suffered. The Jury were, hawever,not to take into their consideration the moral depravity of the Defendant, or the criminal disposition by which he was aCtuated ; they were only merely to estimate a compensation for the injury the Plaintiff had sustained. He would not advise them to give ag,gravated or vindictive damages, referring to the • oppressive conduit of the Defendant, but a fair, and at the same time a liberal recompense for the inconvenience suffered by the Plaintiff. The Jury returned a verdict for the Plaintiff— damages, 1001. Mrs. Atkins was in Coilrt, and at particular parts. of the pathetic .address of Mr. Erskine, and the evidence of the' witnesses, describing the situation of herself and' her family, her eyes flnwed with tears. Her appearance and manner was some-. what peculiarly interesting., The Sittings finished.,T—amotrow Lord