UNREPORTED CASES. 483 



Peecival v. Dudgeon. 



Before Lord Chief Baron Pollock, Exchequer, N. P., 

 'December 1th, 1853. 



Maccmley, Q.C., and Willes, appeared for the j^laintiff. 



Keating, Q.O., and Iloncyman, for the defendant. 



The phiintiff in this ease was a Horsedealer and Riding- Horse da- 

 Muster carrj'ing on business in London and Brighton, and maged by 

 this was an action to recover the value of a Horse described "eg-hgent 

 as "a very quiet, beautiful, park-like, Arab-bred Gelding-," ^ °" 

 which had been injured through the alleged negligent driving 

 of the defendant's coachman in June. It appeared that this 

 animal had been j)urchased in the previous Ajiril by the 

 plaintiff for 25^., and that just before June the Horse had 

 improved so much that the plaintiff asked 70 guineas, and 

 refused 50 guineas for him. On the day in question the 

 plaintiff's foreman was riding the Horse to Lincoln's Inn 

 Fields, and was standing still in the gutter at the corner of 

 Cranbourn Street and St. Martin's Lane, waiting an oppor- 

 tunity to pass through the throng of carriages at the entrance 

 of Long Acre, when the carriage of the defendant dashed 

 out of the rank to pass the carriages before him, and, in 

 passing the Horse, struck him violently on the off hock. 

 The effect of this blow was to throw the animal on the foot 

 pavement, where he struggled violently to keep his feet, and 

 in so doing strained his back to such an extent that after a 

 month's fruitless doctoring, at an expense of 16/. lOs., it was 

 deemed advisable to send him to the hammer at Aldridge's, 

 where he fetched 14|- guineas. This account of the collision 

 was supported by the evidence of the rider and three specta- 

 tors, but was entirely contradicted by the coachman of the 

 defendant and other spectators, the effect of whoso evidence 

 went to show that the Horse was jumping about, and never 

 was struck by the carriage at all, but got on the pavement 

 entirely in consequence of the rider having spurred him as 

 the carriage was passing. 



The Jury found a verdict for the plaintiff. Damages 

 48/. 8s. 9f/., exclusive of the sum realized on the sale of the 

 Horse. 



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