PENRITH COUNTY COURT. THURSDAY, OCT. 1 (Before T. H. INGHAM, Esq., Judge) Solicitors present: MESSRS. T. G. CANT, T. LAMONBY, S. K. JAMES, and H. RICHARDSON, of Penrith; MR. OSTELL, Carlisle, and MR. VARTY (Registrar). APPLICATION FOR A NEW TRIAL. In the case of GEORGE MILLER, horse dealer, Penrith, against T. DAWSON, a farmer residing near Penruddock, an application was made by MR. LAMONBY for a new trial. Originally the action was brought to recover the price of a horse sold by MILLER to the defendant, and the latter stated that when he got the animal home, he discovered that it was lame and not “sound and all right”, upon the strength of which representation he had been induced to become the purchaser. The whole question turning upon the soundness or unsoundness of the animal, His Honor adjourned the case to the September court to afford an opportunity of having the horse examined by MR. CARLISLE; but when the case was called upon, plaintiff’s advocate informed His Honor that the horse had been resold, and his client had been unable to discover its whereabouts. His Honor, regarding this as a subterfuge, gave a decision in favour of defendant. MR. LAMONBY said they had discovered that the horse was in the neighbourhood of Whitehaven, and it could now be produced, if a re-hearing of the case was granted. MR. CANT opposed the application. – His Honor said he must decline to enter again into the case, which had been fully heard at the two previous courts. _________________________ ACTION FOR DAMAGES – WM. ALLAN v. JOHN MACPHERSON. This was an action brought to recover £10 damages sustained in consequence of the conduct of the defendant, under the following circumstances: - The defendant is a waggoner, residing at Penrith Townhead, in the neighbourhood of which he rents some grazing land, which, at the April fair, he let for the accommodation of cattle. Between five and six o’clock in the evening of the 22nd April, the plaintiff, who is 13 years of age, went into a field with a can in order to milk one of the cows grazing there. The defendant, who had a stick in his hand, rushed up to him and “struck him all over”. Defendant then chased him to a wall, saying “Over that wall you must go”. He begged to be allowed to go through the gate, which was close at hand; but defendant refused, and when he had climbed on to the top of the wall, he struck his hands with the stick, and obliged him to let go his hold. He dropped a distance of about nine feet, and broke his leg just above the ankle. Plaintiff was conveyed home in a cart, and was laid up for seven or eight weeks. His Honor: Why has not the plaintiff appeared to explain such disgraceful conduct: I shall give a verdict for the full amount claimed, with costs. MR. CANT appeared for plaintiff. ================================================================= barb, ontario, canada.