MISCELLANEA. 
701 
Palace Court, Friday, October 31, before W. Corry, Esq. 
BARROW V. RATHBONE. 
This was an action to recover compensation in damages for in- 
juries inflicted on a horse. The evidence for the plaintiff (consist- 
ing of a number of witnesses) shewed that, on the morning of the 
3d of September last, he had a horse and cabriolet on the stand 
in Piccadilly, near Hyde Park ; that a horse in a phaeton issued 
from the Park, careering at a fearful speed, ran against his horse, 
and one of the wheels of the vehicle inflicted the injuries on the 
shoulder and one of the knees, for which the present action was 
brought. The animal was worth £25, although a cab-horse, and 
was now lame from the accident; it was probably worth about 
£12. The plaintiff was a cab-proprietor, and the defendant a corn- 
merchant. When the accident occurred no person was in the 
phaeton. 
Mr. Locke, as counsel for the defendant, asked the Court to 
direct a nonsuit, on a case which he cited, in which it was laid 
down that, in order to recover damages for an accident, negligence 
must be shewn to have been the case. 
The Learned Judge said that there was evidence to go to the 
Jury, from the animal being without a driver, until it was proved 
in what manner the occurrence had happened. 
Evidence was then given for the defendant. His groom proved 
that the horse became unmanageable in the Park, and that, in his 
belief, the occurrence was quite accidental. The horse was stopped 
in Piccadilly. The phaeton was very much damaged. 
The Learned Judge left the case to the Jury to determine the 
question of alleged negligence. 
The Jury found for the plaintiff — Damages £12. 
Times. 
Frightful Cases of Hydrophobia. 
Last Sunday morning, a labourer in the employ of Mr. Hallett, 
a farmer at Cuckfield, took three horses from the stable and turned 
them into the field. Shortly afterwards one of the animals began 
to evince symptoms of hydrophobia, tearing up the earth, dashing 
wildly about the field, biting the other horses most fearfully, and 
gnawing the gate-posts and rails, seizing the stems in the path 
with its teeth, and throwing them into the air with great violence. 
VOL. xviii. 5 c 
