A Novel Action Print E-mail
Carlisle Patriot - September 1st 1855

A NOVEL ACTION

ATKINSON v. CROMB.

Mr. DONALD appeared for the plaintiff; Mr. HOUGH for defendant.

Mr. DONALD said the action was brought to recover £1 for breaking a pane of glass. Defendant, a boy about 12 years old, had been playing with some other boys, and in throwing a stone at one of them it had gone through the plaintiff’s window. They had no wish to press the case against the boy, as the action was brought more upon public than private grounds. The practice of throwing stones was a great annoyance, and was very dangerous. The case had been before the magistrates, who had sent it to that court.

Mr. HOUGH: Who’s to be the boy’s guardian? He must have a guardian assigned to him in the first instance.

His Honour: Well, I won’t be his guardian, or I may have to pay the costs. (Laughter.)

Mr. HOUGH: It is quite clear you cannot go on unless a guardian is assigned. You cannot summon an infant. (Laughter.)

His Honour: (to Mr. DONALD) - Suppose there is a verdict against the boy, how can you get the money?

Mr. DONALD: If your Honour will give us a verdict we will run our chance of getting the money.

His Honour: (to the lad, who stood crying in the box): You must not throw any more stones, or you will be getting into gaol. (To Mr. DONALD): I should have thought the magistrates had jurisdiction.

Mr. DONALD: No doubt they had but they sent us here.

Mr. HOUGH: The boy has been well persecuted; he has been twice before the magistrates and once here.

The boy was then dismissed.

 
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