APPENDIX TO CHRONICLE. 



187 



hiight be occasionally used as a bed 

 in the field ; that witness assisted 

 in making it, and that the cost price 

 of the materials alone and work- 

 manship amounted to 20L Os. 6d. ; 

 that witness, on defendant's re- 

 turn to England, waited upon him 

 at Knightsbridge Barracks, when 

 he stated, that he had worn the 

 cloak ; that the materials were 

 good, and price reasonable ; and 

 that he had no other fault to find, 

 except that it was somewhat too 

 heavy, but promised to call on 

 plaintiff in a day or two, and settle 

 about it. 



The Judge (Dallas) here asked 

 Mr. Serjeant Lens, defendant's 

 Counsel, whether this evidence 

 was not irresistible ? But the learn- 

 ed Serjeant, on consulting his 

 client, said tlie cause must pro- 

 ceed. 



The plaintiff, therefore, called 

 Mr. Davidson, of Cork-street ; 

 Mr. Westoil, of Bond-street : Mr. 

 Wilson, of Bond- street, and others, 

 who all stated that they had made 

 similar cloaks for the Prince Re- 

 gent, General Lord Hill, and 

 other distinguished characters, 

 some of which cloaks were consi- 

 derably heavier than the one in 

 question, which they had exa- 

 mined most carefully, and all 

 stated it to be a pattern of its 

 kind, and the charge moderate in 

 the extreme. 



The Judge, on this weight of 

 evidence, repeatedly recommended 

 the defendant, who was in Court, 

 to pay for it, lest he should ani- 

 madvert more strongly upon his 

 conduct ; but he insisted on going 

 to the Jury, — when, after an ad- 

 dress from I\Ir. Serjeant Lens, 

 and calling one witness, they 

 stated themselves perfectly satis- 



fied, and without either summing 

 up, or reply from Mr. Sergeant 

 Vaughan, found a verdict for the 

 plaintiff, to the satisfaction of a 

 crowded Court, to the full amount 

 of his demand. 



LIABILITY OF CARRIERS. 



Bristol Assizes. 



Rouquet v. Sherborne. — This was 

 an action brought by the plaintiff, 

 who is a clergyman residing at 

 West Harptree, against the de- 

 fendant, who is a common carrier, 

 for the recovery of the sum of 29/. 

 the value of a variety of articles of 

 wearing apparel intrusted to his 

 care, and to be conveyed from 

 Bristol to West Harptree, about 

 11 miles from Bristol. 



Mr. Serjeant Pell, in opening 

 the case to the jury, observed, that 

 it was one wliich would not take 

 up much of their time. The plain- 

 tiff was a clergyman of great re- 

 spectability, and the defendant was 

 a common carrier from Bristol to 

 Wells. The articles in question 

 were the wearing apparel of the 

 plaintiff's daughter, who had been 

 at school at Bristol. It would be 

 superfluous to enter into a detail 

 of every article, unless his friend 

 on the opposite side (Mr. Casberd) 

 was desirous to go through the 

 whole of the lady's toilette. The 

 articles were packed up and car- 

 ried to the waggon-office by a man 

 named Clark, who could neither 

 read nor write, and given to a man 

 named Wood. He [the learned 

 Serjeant] knew not whether the 

 usual notice was stuck up or not ; 

 and it had been said, that if a no- 

 tice was put up in the office, it 

 was a sufficient notice to all per-- 

 sons who came to it : but in that 

 case, it would be for tiic defend- 

 ant 



