Nov 04 1835 Court of King's Bench / Kitchen v. Shaw - Cumberland and Westmorland Newspaper Transcriptions

Nov 04 1835 Court of King's Bench / Kitchen v. Shaw

The Times, Wednesday, Nov 04, 1835; pg. 4; Issue 15938; col A

               COURT OF KING'S BENCH, TUESDAY, NOV. 3.
                                          (Sittings in Banco.)

                                       KITCHEN V. SHAW.

This was an action tried before Lord ABINGER at Carlisle, in which the learned
judge directed the plaintiff to be non-suited. The facts of the case were
these: - The plaintiff was an infant of 14 years of age, the daughter of a
labouring man, in the county of Cumberland. Her father agreed with a person of
the name of HOBSON that she should enter his house, as a house servant, for half
a year. Before the time expired some dispute arose respecting wages, and she
went away. HOBSON had her taken before the defendant, who was a magistrate, he
(HOBSON) acting as his clerk. He complained of her leaving his service, and the
defendant sentenced her to be imprisoned, and this action was brought to recover
damages for the false imprisonment.

Mr. CRESSWELL moved for a rule to show cause why the nonsuit should not be set
aside, and a new trial had, on the ground that the 4th Geo. IV., cap. 34, did
not give a power to the justices to imprison domestic servants; this doctrine
was held in the case of "BRAMWELL and PENWICK," 7 BARNEWALL and CRESSWELL,
536. - Rule granted.