LAW INTELLIGENCE. COURT OF KING'S BENCH, JULY 6.
DEAN V. BRATHWAITE.
This was an action of Trespass, brought by the Plaintiff, a stable-keeper, against Captain Brathwaite, for unlawfully seizing two horses, the property of the Plaintiff, and so immoderately driving them, that one of them died and the other was materially injured.
It appeared that the Defendant, on the 26th of August last, had hired a chaise and four for the purpose of going to Epsom races. He was accompanied by a Major Morgan, and their valets rode inside the chaise, and the Defendant and his friend were in the barouche.
When they came to Wandsworth Common, the Defendant, who wished to get to Epsom time enough for the Derby plates, thought the postillion did not drive with sufficient speed.
He ordered him to dismount, and upon his refusal pulled him off, inhumanly kicked him on the face, and left him laying in the road, in a state of insensibility. He then took the reins himself, and drove with such rapidity, that when the animals reached Epsom, they appeared in a state of the utmost distress.
One of them, a fine free horse, before in perfeft health, staggered, and fell down. It rose again, was walked about a mile, then fell down, struggled, and died.
The other was rendered ill and incapable of working as usual.
The defence set up was, that the Postillion was drunk, and that the Defendant had therefore pulled him off, and drove the chaise.
This defence was attempted to be substantiated by Major Morgan, but there did not appear the least foundation for it.
The Jury gave a Verdict for £41, allowing £36, for the horse, which had been killed, and £5 for the one injured.