Carlisle Patriot, 20 Aug 1825 - Cumberland Summer Assizes (25)

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Saturday 20 Aug 1825   (p. 3, col. 1-3)

 

CUMBERLAND SUMMER ASSIZES.

  

NISI PRIUS: MR. BARON HULLOCK.

  

[continued]

 

JENKINSON v. TOWERSON.

 

Mr. ARMSTRONG opened.

 

Mr. SCARLETT addressed the jury. This action was brought by the plaintiff to vindicate his right, after having put up with a number of inconveniences, and obstructions to a way over the defendant's field, called Wellclose, to a field of his own lying beyond it, without which way he could not occupy that property. The road had existed as long as any one could remember. Sometime ago the defendant thought fit to plough it up and sow it with corn; and on being remonstrated with by the plaintiff, he answered that he would make him force his way round by the hedge. This Mr. JENKINSON declared he would not submit to: he told TOWERSON that he should assert his right by holding on in the old track, and TOWERSON declared that if he forced his way across his field he would retaliate; and he did so. Not satisfied with this, the defendant ploughed up the path a second time. But the plaintiff had not merely to complain of annoyance; he had sustained absolute injury, for the occupation of the property was rendered more difficult, and more expensive, as his horses and carts could not carry such great loads by one-third over ploughed ground, as over the old beaten road. He, however, did not come to ask for any thing but very moderate damages, his chief object being the assertion of his undoubted right illegally incroached upon. There was also another complaint respecting a quarry which the defendant had so improperly worked as to let down the plaintiff's hedge, with a considerable number of valuable trees growing on it. For this, likewise, he sought redress.

 

Isaac FISHER, aged 63, had known the estates of the parties at Todholes, in this county, 45 years, having at one time lived with John WILLIAMSON, who occupied both; and afterwards with Henry CADDY, who occupied the plaintiff's, during which time (four years) he always used the road over Wellclose.

 

Mary YOUNG and Joseph KITCHEN had lived upon the property, and they spoke to the same effect.

 

Mr. BROUGHAM, who appeared for the defendant, said:—We don't deny that they have a right of road; we don't dispute that they have used it till 1824.

 

Jonathan BOADLE farmed the property eight years, and left it nine years ago. The road across Wellclose was not a hard one; he sometimes put a few stones in the deep tracks occasioned by wet weather. It was never ploughed up in his father's time. The way by the hedge was too soft to pass over.

 

By Mr. BROUGHAM.—The ground was softish all over the field. The road was seldom used in winter.

 

By Mr. SCARLETT. We carried manure to the Waste (plaintiff's close) by this road.

 

William JENKINSON, a youth, son of the plaintiff, said he had lived at home with his father on the property all his life. The road over Wellclose is a cobble road, and they always used it. It was first ploughed up last year, when corn grew on it. There are potatoes in the field this year, but the defendant did not set them on the scite of the road, though he ploughed it up again. They could not get along now as well as before—not carry more than two-thirds of former loads when housing corn, &c. He knew the Limekiln-crag. Thirteen yards of the hedge, with six trees on it, had been let down into TOWERSON's quarry in consequence of too close working. The bridge had sunk better than two yards.

 

Cross-examined by Mr. ALDERSON.—They never went round by the hedge till after they had given notice of this trial. In respect to the quarry, his father had also taken way [sic] the limestone on the other side of the fallen fence, but had not underminded [sic] the hedge. The trees were as thick as his thigh. (Mr. BROUGHAM asked if they were thistle trees?)—certainly thicker than his arm. In Wellclose, his father went through the corn sixteen times or more in one day.

 

A servant of TOWERSON's proved that he ploughed up the road by order of his master, who said that JENKINSON must go below.

 

James WALKER worked for TOWERSON in the limekiln. He told him that if he did not keep further off he would bring JENKINSON's hedge down, which had trees on it. He left off working; but in about ten days the hedge came down—he saw it fall—it didn't run down, it scurled down (a laugh)—it came plump down perpendicularly.

 

The witness, on being cross-examined by Mr. BROUGHAM, spoke in a very low tone.

 

Mr. BROUGHAM: I wish you would not whisper to me: I am not your wife.

 

He extracted nothing essential, except that the plaintiff had also worked the quarry on the other side pretty close to the fence, but not so close as, in his opinion, to endanger its safety.

 

Mr. RICHARDSON had examined the hedge: three or four yards of it, with trees on it, had fallen in on TOWERSON's side: it could not have been occasioned by the working of JENKINSON's quarry, but of TOWERSON's. Witness and another thought six guineas barely sufficient to repair the fence as it ought to be. It was necessary to separate the property.

 

By Mr. ALDERSON:—There were some trees you say, how many? Five.—How thick were they—not so thick as a man's thigh, I suppose? They were not so thick as mine, however! (A laugh. Witness was a very stout man.)—This was the plaintiff's case.

 

 

[to be continued]