Carlisle Patriot, 04 Mar 1826 - Cumberland Lent Assizes (8)
petra.mi...@doctors.org.uk
Saturday 04 Mar 1826 (p. 2, col. 4 - p. 3, col. 5)
CUMBERLAND LENT ASSIZES, 1826.
NISI PRIUS BAR.
[continued]
HOLLIDAY v. MESSENGER, JUN.
Messrs. ARMSTRONG and ALDERSON for the plaintiff: Mr. COURTENAY and Mr. PATTESON for the defendant.
Mr. ARMSTRONG opened the declaration. He said the plaintiff was Hannah HOLLIDAY; the defendant John MESSENGER the younger; and the plaintiff claimed damages for an injury sustained by the kick of an unbroken, vicious, unruly horse, the property of said defendant, through the carelessness of his servant. These allegations were laid in three counts.
Mr. ALDERSON said the plaintiff and his wife were poor aged people residing near Wigton; and the woman having had her thigh broken by a kick from the defendant's horse so long ago as January twelve-month, she now sought compensation in damages at the hands of the jury, for she was not yet well, and, indeed, never could completely recover at her advanced period of life. The servant of the defendant, a man named CLAPPERTON, negligently rode the horse into the town of Wigton, on market-day, and there the accident happened in a manner which he should and by-and-by show. This was certainly "negligent" conduct, in the legal sense of the term, and Mr. MESSENGER was clearly liable for that negligence. To prove the case, he should be obliged to call CLAPPERTON himself—an unwilling witness, he having refused to be examined by the plaintiff's attorney. Nevertheless, this same CLAPPERTON would be obliged to admit the main facts stated, whatever he might be pleased to say as to "accident," "not his fault," and so forth. Having proved his case, he apprehended he should encounter no difficulty in establishing (with his Lordship) the liability of the defendant. In Mr. Justice BULLER's nisi prius cases, a book of great authority, it was held that a master was liable for a servant who caused an accident by riding in Lincoln's Inn Fields. In the presence instance, it would perhaps be pleaded that a subsale had taken place; but even if true, that would make no difference in the property of the horse. He called upon the jury to make the poor old woman ample compensation, to which, being poor, she was well entitled: they should give her such damages for this injury as would keep her the rest of her life.
John CLAPPERTON sworn.—I live at Aikton, and follow horse-breaking. When this accident happened, I was riding a horse, in Wigton; a horse that I was employed to break by Mr. MESSENGER. This was on Tuesday, the market-day at Wigton. A great many persons were in the market; the time was perhaps ten o'clock in the morning. I was riding the horse down the street, and there was a woman passing slantways, and so I thought she was going to come in contract with the horse, and I shouted to her to take care. She did not seem to take notice, and I spoke to her again, and she turned back, when the horse came in contract with her, and she fell, and the horse went forward, rather afraid, if any thing—it went right away forward. As soon as I got off the horse, I went back to her; she was standing; I believe she was hurt.
Cross-examined by Mr. COURTENAY for the defendant. Aikton is four miles from Wigton. I keep house, and am not a servant to any particular person, but break horses for all who choose to employ me. The defendant is John MESSENGER the younger; his father's name is also John MESSENGER; the latter is an elderly man living on his own property, and his son John lives with him: the old man is a strong and active person—I have seen him in the fields. Young John takes an active part in the farm; I never saw any one else do so. Young Mr. MESSENGER first spoke to me about breaking this horse; he left to myself as to where I would ride; he did not tell me to go into the market. I considered the horse well broke. On the Saturday before, I was present when the horse was sold to one Mr. DIXON for £36, and Mr. DIXON was to have it the week following, and on the Tuesday after the Saturday the accident happened. He said he was going to Lancaster; that he wished to have the horse when at home himself, and said I was to take care of it in the meantime, and deliver it the Monday week following. I charged 9s. a week. I took the horse over at the time, and Mr. DIXON paid me 9s. for the week. On the day Mr. DIXON bought the horse, I docked its tail, by his direction. I did not see any money paid, nor hear any thing as to the time when it was to be paid. When the woman was injured, I assisted in taking her away. She complained of being much hurt. She said, "Canny man, I don't blame you; I ran the wrong way." I afterwards gave her half-a-crown.
Re-examined. The horse was kept, during the week, at Mr. MESSENGER's; and I got my meat there also. Mr. M. lives about three miles from Wigton.
By the Judge.—The horse came in "contract" with the woman with its far or off shoulder. I cannot tell whether the horse kicked or not. The horse had only been bridled about three weeks; and I had backed it about a fortnight and three days. I considered the horse to have been governable—I never saw it kick.
By Mr. ALDERSON.—I may have told John DIXON that the horse was unruly—but on the day in question, he was quiet to mount. The sore tail would irritate.
Thomas BARNES.—I am a butcher at Dockray Rigg House. I saw the horse in Wigton market, and it appeared frisky and dangerous. A great many persons were in the street. I heard CLAPPERTON give a sort of call, and on looking up, saw the woman struck down by the horse's right shoulder; the horse kicked her, and entangled its shoe in her clothes, and struck her several times.
Bernard TURNER.—I picked the woman up; but did not see her struck. I just before observed to a person that I thought it improper it should be brought into the town on a market-day.
Martha BROWN saw the horse just before the accident, coming along at a pretty smart walk like a prance; not many persons in the street at the time. Did not see the accident.
Cross-examined.—I heard CLAPPERTON twice call to the woman to get out of the way; at the second time, she jumped rather under the horse's shoulder. I don't know whether the horse flung her down, or she fell of her own accord; but as she lay on the ground, the horse sprung forward with its fore-feet high in the air, and rather wheeled round.
Samuel ROOK was in the market, and was nearly run over by the horse; he was one of the persons who held it while the rider went to the woman. The horse pranced, and made all the folks stand aside. The surgeon set her leg at his house, and she remained there a month and a day. Heard CLAPPERTON say it was the most unruly horse he ever had concern with.
Mr. FRAZER, surgeon, Wigton, attended the woman. The principal bone of her left leg was fractured; on the right shoulder and arm there were bruises and contusions, as if caused by the treading of the horse. The fracture was simple, not compound. He attended her nearly a month; but she must have been attended by another surgeon after that; and still ought not to be without one. Her age is between 60 and 70.
[to be continued]
sarahre...@gmail.com
…the woman having had her thigh broken by a kick from the defendant's horse….
It hurt my leg to read this! I was kicked by a horse once. He was facing the other direction eating his hay and I made the mistake of walking too close behind him, and WHAM he got me with a casual back kick and kept on eating. No broken bones but I limped around for awhile with a big bruise on my thigh and a new respect for the horses. That was in my city girl turned country girl phase. Thank goodness it only lasted 10 years. The rooster didn’t like me either.
.
Dorothy Gaunt
Sent: 26 June 2026 03:24
To: genealogy-...@googlegroups.com <genealogy-...@googlegroups.com>
Subject: RE: [GENEALOGY - CUMBRIA] Carlisle Patriot, 04 Mar 1826 - Cumberland Lent Assizes (8)
…the woman having had her thigh broken by a kick from the defendant's horse….
It hurt my leg to read this! I was kicked by a horse once. He was facing the other direction eating his hay and I made the mistake of walking too close behind him, and WHAM he got me with a casual back kick and kept on eating. No broken bones but I limped around for awhile with a big bruise on my thigh and a new respect for the horses. That was in my city girl turned country girl phase. Thank goodness it only lasted 10 years. The rooster didn’t like me either.
.
Hit a brick wall? Perhaps another member has the solution. You may never know if you don't ask.
---
You received this message because you are subscribed to the Google Groups "GENEALOGY-CUMBRIA" group.
To unsubscribe from this group and stop receiving emails from it, send an email to genealogy-cumber...@googlegroups.com.
To view this discussion visit https://groups.google.com/d/msgid/genealogy-cumberland/004a01dd04b6%24bf7f4190%243e7dc4b0%24%40gmail.com.