The Times 1811 - 1820 Aug 31 1819 Carlisle Assizes (Kitchen v. Wylde)...#15

Aug 31 1819 Carlisle Assizes (Kitchen v. Wylde)...#15

The Times, Tuesday, Aug 31, 1819; pg. 3; Issue 10712; col A                                 CUMBERLAND ASSIZES.     [continued]                         CARLISLE, THURSDAY, AUG. 26.                     KITCHEN V. WYLDE AND BROTHER. This was a question of right of occupation-way. The plaintiff, the Rev. Philip KITCHEN, had been minister of a chapel in Liverpool for 30 years, but his elder brother dying without issue, he succeeded him in the mansion of Huderhill 5 years ago. Among his improvements he placed a gate where formerly only a couple of rails had been placed. Thomas and John WYLDE, who occupied an adjoining close, cut down a post which divided the carriage-gate from the path-gate, conceiving that the plaintiff had no right to place the gate there. When Mr. HODGSON, plaintiff's attorney, threatened the present action, John WYLDE wrote in reply that Philip KITCHEN ("Mark that, Gentlemen," said Mr. RAINE; "you would have said Mr. KITCHEN, speaking of a clergyman; but Philip KITCHEN fitted the mouth of John WYLDE") was a vindictive, malicious, and litigious scoundrel; and that his action was founded on the same principles with himself. There were two issues - first, that the defendants had no right of way; secondly, that if they had, the damage committed was unnecessary. The verdict was for the plaintiff upon the second issue - Damages 1s., costs 40s. The two causes which occupied the rest of the day were most eagerly contested by the parties; but they contained no circumstance of general interest. Mr. Baron WOOD applied for a supply of causes at 2 o'clock; but there being no cause capable of being detached but one, a horse cause, the learned Baron declined to have it.

 

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