The Times 1811 - 1820 Aug 27 1819 Carlisle Assizes (Civil Side-Lawson v. Sim)...#5

Aug 27 1819 Carlisle Assizes (Civil Side-Lawson v. Sim)...#5

Carlisle Assizes (5) - Civil Side - Lawson v. Sim The Times, Friday, Aug 27, 1819; pg. 3; Issue 10709; col A                               CUMBERLAND ASSIZES.                                        ------------------                          CARLISLE, MONDAY, AUG. 23.                                           CIVIL SIDE.     [continued]                            LAWSON V. SIM. - TROVER. The plaintiff was shipping meal for Liverpool in 1817, and placed a considerable quantity of it, in order to be ready for shipping, on the premises of the defendant, a publican, at Allonby. A mob assembled and took away the meal, all but about 9 bags, which the defendant contrived to conceal from them. These 9 bags he refused to deliver to the plaintiff, till he should be paid for the damage done to his premises, as well as trouble in preserving this meal, which he estimated at 20L. The plaintiff offered to pay 3L. Mr. RAINE, for the defendant, attempted to show that the meal had not been refused, and that it stunk so that it was at last thrown out. But the result of his attempt was to establish a strong presumption, that the defendant had never meant to disclose that any of the meal had been saved from the mob, and that he had ultimately made some use of the meal saved. Mr. Justice BAYLEY explained the law upon this point. The defendant was entitled to stowage or standage, but not to any compensation for injury done to his premises. His was a hard case; after putting a fair value on the meal and bags, they might think it reasonable to deduct 3L., the sum offered by the plaintiff. Verdict for the plaintiff - Damages 20L.

 

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