The Western Gazette 17 Aug 1866 Langport County Court inc PHILLIPS Fivehead HARDWICH West Lambrook RUSSELL Kingsbury PAUL Curry Mallet ADAMS Isle Abbots

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The Western Gazette Friday 17 Aug 1866

Page 4 Column 5


KLETPOMANIA-CUM-DIPSOMANIA. - A case of this most peculiar and disgusting disease occurred here a few days ago. Fortunately, however, it was discovered, and successfully treated, before it had been allowed to spread to any considerable extent. The victim of the malady is a “gentleman,” occupying a position of considerable trust in the town, and who has long been a noted character in the neighbourhood. Particulars as to the symptoms of the disease, as to the particular shape it took in the instance referred to above, and as to the remedy used, may be obtained from Mr. C. DUNN, at the White Lion Inn, North-street, who first discovered the malady, and who was most successful in treating it.

COUNTY COURT, Wednesday. - Before C. SAUNDERS, Esq., Judge. - There were 114 new plaints, three judgment summonses, two adjourned cases, and one jury case. - MISS HARTLAND, Langport, v. JOHN FRY, Curry Rivel. £1 0s 6d. Verdict for plaintiff. - JOHN BROWN, Taunton, v. JOHN JOHNSON, Long Sutton. 5s for balance of account. Verdict for plaintiff. - JOHN MOFFATT, draper, of Taunton, sued several poor persons for small amounts and obtained judgment. - R. BLAKE, bootmaker, Langport, v. J. PHILLIPS, Fivehead. Order for £1 balance due. - HENRY PAYNE, Langport, v. JAMES ISAAC, coach-builder, Langport. £2 10s for rent of a cottage. Mr. WESTLAKE for plaintiff and Mr. LOUCH for defendant. Defendant took a cottage of plaintiff on Feb. 1st, 1864, at £10 a year. In July, 1865, plaintiff gave him notice to quit on Feb. 1st, 1866. When the notice expired defendant refused to leave and remained three weeks longer. When he left he took the key. Soon afterwards defendant sent the key to plaintiff but he declined to take it. Plaintiff now claimed £2 10s for six months' rent. Defendant had paid 7s 6d into court for the three weeks he occupied the house. The defence was that plaintiff had given defendant permission to remain in the house a week or two without rent, as he could not take possession of the house to which he was about to remove owing to the water being up. Defendant and Mr. E. J. GILLETT were called to substantiate this. His Honour gave judgement for defendant, and told Mr. WESTLAKE he could move for a new trial. - H. J. WATTS, draper, Somerton, v. Mr. COBBERT, yeoman, Lyte's Cary. - Mr. WESTLAKE for plaintiff, Mr. S. WATTS for defendant. Claim for £10 8s 4d, balance for drapery, supplied to defendant's wife. Plaintiff paid £5 8s 1d into court. The defence was that plaintiff had requested defendant not to supply goods on credit, and that he had done so subsequently. Judgement for defendant. - JOSEPH BARNARD, yeoman, Pibsbury, v. JAMES CULLEN, Coombe, Huish. - £2 2s 6d. Mr. LOUCH for defendant. Defendant had been collector of rates for Huish, whilst plaintiff held the office of churchwarden. Mr. BARNARD paid various expenses, and now claimed the amount. He had sent in the account at various times, but could not obtain payment. Defendant said he had never been allowed for the sums claimed by plaintiff, and that instead of having any of the parish money on hand, the collector now owed him £1 11s 4d. Verdict for defendant. - JAMES SHERRIN, baker, High Ham, sued WILLIAM WINSOR, of Hatch, for 5s 9d, for grocery, &c. Judgement for plaintiff. - SAME v. JOHN HARVEY, Aller. - 9s 1d balance due. Judgement for plaintiff. - SAME v. WILLIAM DUNSTER, Compton Dundon. - 14s 7d. Order for 4s a month. - JOHN EDWARDS, Compton Dundon, v. WILLIAM DUNSTER. - £1 1s 8d, balance due. Judgement for plaintiff. - ALFRED MAINE, pig-dealer, Somerton, v. HENRY CABLE, of the same place. - Claim for £2, “To amount you promised to pay for the breach of warranty of six pigs.” About seventeen months since plaintiff bought six pigs of defendant, who warranted them hearty and sound; he drove them to Langport market and sold them to Messrs. COX and BISHOP, within two hours after he bought them of defendant. Soon afterwards they all died, and the latter sued the plaintiff for a breach of warranty. He paid them £5 to settle the matter. Before doing so, however, he went to defendant, and asked him what he would pay towards settling the matter, as he had warranted the pigs. At first he denied the waranty, and refused to allow anything. Plaintiff then threatened to put him in court, and the matter was referred to defendant's wife, defendant promising to “go by” her decision. Mrs CABLE said she would give £2, but as she would not pay it at once she would call on plaintiff in a few days and arrange about the payment. She did not do so, and plaintiff had called several times, but could not obtain a settlement. Defendant denied that he had made any promise, and said he had not had any proof that the pigs were dead. Philip TAYLOR, labourer, corroborated plaintiff's evidence as to the promise of payment. Elizabeth MAIN also gave corroborative evidence. Mrs. CABLE acknowledged that she promised £2, but said her husband refused to pay anything. Judgement for 5s. - JAMES NORMAN HARDWICH, West Lambrook, v. JOHN RUSSELL, Kingsbury. - 15s for bricks. Mr. LOUCH for plaintiff. Ordered to pay in two monthly instalments. - THOMAS LOCK and FREDERICK DALLIMORE v. HENRY COATE, yeoman, Stathe. - £2 for weeding a willow bed. Mr. LOUCH for defendant. Plaintiffs alleged that they agreed to do the work for £2, on condition that they were supplied with good cider. After two days Mrs. COATE ceased to supply them with cider, as Mr. COATE was away, and plaintiffs refused to continue the work. When Mr. COATE returned he declined to let plaintiffs finish the work, saying he had engaged other men. Plaintiffs therefore sued for the whole amount, as it was taken by contract. Defendant said plaintiffs never complained of the cider, and they were supplied with the same quality as the other men. The work was badly done. Judgement for 10s. - GEORGE ALLEN, draper, Yeovil, v. WILLIAM BOWDEN, Somerton. - £1 3s 8d. Order for 4s a month. - SAME v. EDWIN COATE, Charlton. - 15s. Order for 3s a month. - WATTS, draper, Somerton, v. GEO. DYER, Charlton. - 18s 6d balance of account. Defendant did not appear. Order for 2s a month. - JETHRO TARR, Kingsdon, v. MICHAEL JEFFERY, Kingsdon. - £1 1s for a calf. Order for payment. - EMMA PAUL, Curry Mallet, v. HENRY ADAMS, Isle Abbots. - £2 promised to be paid as a premium for teaching the defendant's daughter dressmaking. Judgement for plaintiff, 2s a month. - JOHN A. BREWER, yeoman, Compton Dundon, v. MICHAEL JEFFERY, butcher, Keinton. - £8 10s 4d balance due for sheep. Defendant did not appear. Judgement for plaintiff, £1 a month. - J. M. CHALKER, Keinton, v. COOK, East Lydford. Claim for 10s; 6s for grocery and 4s for two sacks not returned. Defendant did not appear. Judgement for plaintiff. - SAME v. C. REYNOLDS, Shepton. - £1 16s 9d. Judgement for plaintiff. - SAME v. CHARLES HARRIS, Keinton. - 7s 6d for a concertina. Judgement for plaintiff. - JOHN EDWARDS, v. JAMES COX, both of Compton Dundon. - 5s 1d balance for grocery. Judgement for plaintiff. - JURY CASE. - EDMUND PAUL, labourer, Curry Mallett, v. WAREHAM SUMMERHAYES, yeoman, of the same place. Claim £8 15s, for loss of time and damage sustained owing to defendant knowingly keeping a savage and ferocious bull. Defendant had paid £2 4s into court. Mr. WESTLAKE appeared for plaintiff, Mr. LOUCH for defendant. Edmund PAUL said: On June 7th, I was returning from my work across a field in the occupation of the defendant, on a public footpath. There was a bull in the field, which ran at me, struck me in the breast, and knocked me down. One of the horns skirted my right side. I rose up, but the bull knocked me down ten or twelve times, stamped upon me, and inflicted several serious injuries. At last I got away out of the field, and reached home. I was very faint and unwell. Dr. HILL attended me the next day. My clothing was much torn. I have estimated the damage at 10s. At that time I was earning more than £1 a week on an average. I was disabled from June 7th to July 21st. If the accident had not happened, I should have been mowing, and could have earned 30s a week. I could also cut an acre of wheat a day, at which rate I should have earned 25s a week. Mr. HILL, surgeon, of North Curry, said he considered the injury plaintiff had received would incapacitate him seven or eight weeks. Mr. LOUCH contended that defendant had refused work when he might have had it, and called Mr. GLYDE and Mr. WAITES, yeoman, of Curry Mallet, to prove this. He also tried to make out that plaintiff struck the bull on the nose before the animal touched him. His Honour summed up at considerable length, going through the evidence most carefully. The jury consulted for about twenty minutes, and then told his Honour that they could not agree. His Honour said if that was the case, he must dismiss them, and hear the case over again. The costs would fall upon the party against whom judgement was given. The jury then held another long consultation, and gave a verdict for £8; observing that bulls in path fields ought to be chained. The foreman said they had reduced the claim to £8 by allowing for what plaintiff would probably have lost by wet days.

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<NOTES: Emma PAUL is probably Emma DOLLEN daughter of John DOLLEN and Nancy or Ann House PAUL, married John PAUL>