Ambleside County Court Ambleside Lakes Herald May 26, 1882 Page 4 Yesterday before T.H. INGHAM Mr. Geo. GATEY, registrar The Windermere Gas and Water Company sued Mr. BROCKLEBANK, builder, of Bowness for £4 18s 6d being the cost of goods supplied and labour done. Case was brought up before the judge at the last sitting, but carried over as Mr. MORGAN, manager of the gas and water company was unable to attend through lameness. It transpired that a few years ago, defendant, who was at that time a member of the firm of Palmer, Martin and Brocklebank (since dissolved) builders of Bowness, erected one or two houses near Biskey Howe on his own responsibility -- "not wishing partners to have any profit out of him" -- the gas and water company being engaged to lay down piping and supply the same. Defendant maintained that he ordered piping and labour in the firm's name which he represented, but this the manager of the company denied, he asserting that everything was ordered in BROCKLEBANK's own name. An item in the bill for £1 9s 4d, it being the cost of a quantity of piping supplied, defendant said was a wrong charge, as the piping was his own in the first instance. Mr. E.D. BONNEY, plumber, Bowness appeared as a witness to prove this statement, but, however could only assure the judge that he laid the piping down - he knew nothing whatever of where it came from. Mr. MORGAN observed that the bill had been sent to BROCKLEBANK every quarter for about three years - he had had it ten times - but never before had he objected to the items, his first denial to pay the account being after proceedings were taken against him. Mr. SLACK, clerk to the company proved serving defendant with material, and well remembered the occasion as defendant asked him to "put it as cheap as he could" Judge ordered immediate payment of the bill and costs. Ambleside Lakes Herald July 28, 1882 Page 4 Thursday before T.H. INGHAM, Esq. Solicitors present: W.T. SHARP, Lancaster; R.F. THOMPSON, Kendal; F.W. WATSON, Kendal; H. DOBSON, Kendal and Bowness. Geo. GATEY, registrar. Joseph HODGSON, horse breaker vs John ROBINSON, Gentleman Mr. SHARP for defendant Mr. DOBSON for plaintiff Plaintiff claimed £13 15s 8d including £3 17s 6d interest. A cross account, also with interest filed with the result that only £3 15s 8d of the debt was acknowledged. The accounts had been pending since 1876. There was much dispute over a horse which plaintiff trained for defendant. Defendant alleged that it was agreed that the horse should be trained in return for the labour it might do, whilst plaintiff affirmed that it was bargained that he should charge whatever he wished; and the money would be paid - struck out. £4 allowed for the breaking in of the horse - each to pay own costs. George GARNETT vs Thomas MARTINDALE, before a jury Mr. THOMPSON for plaintiff who claimed £12 18s 3d for wintering 41 hogs from last October to April of this year on his farm at Skelwith Bridge. Mr. WATSON for defendant who, as a set-off pleaded that £15 damages be allowed for non-fulfilment of contract and loss sustained in the death of several sheep through ill management. Mr. THOMPSON opened the case, and stated that the defendant had paid £5 into court. The facts were that in October a bargain was made between the parties to the effect that 50 sheep, at 5s 9d per head [would be] pastured on the inside land belonging to plaintiff's farm. This inside land was extensive, but closely adjoining there was also fell pasture. The sheep to be agisted were hogs. After being admitted on the farm, they were regularly changed from one part of the land to another; and Mr. GARNETT placed 24 sheep of his own under precisely the same treatment, they all roaming together. Defendant had seen the land, and at Christmas went to see his sheep, and found no fault, he seemingly being quite satisfied with their aspect. On the 31st of March they were taken by defendant's son to a neighbouring farmer's to dip, after which they were again put on the farm. At this time 41 sheep only were alive, eight having died through the winter from illness arising from eating young shoots and other unavoidable causes. Four out of the plaintiff's 24 sheep had also died during the same period of time and it was not unusual for a few sheep to die off whilst wintering. For the plaintiff Edward BOOTH, James COUSINS and John RICHARDSON examined, all bearing out that the sheep were very ill-conditioned when they first saw them on Mr. GARNETT's farm. For defence, Mr. BACKHOUSE and defendant's son and nephew alleged that the sheep had for all appearances been ill-fed. The jury returned a verdict for plaintiff for full amount. George CANNON vs Thomas ABBA, both parties reside at Staveley. Mr. WATSON for the plaintiff. Mr. THOMPSON for defendant. A trotting match had been arranged, the prize being a silver tea pot. Race took place at Whitsuntide, Mr. HAYTON was the referee. ABBA's horse came first but was disqualified by the referee for galloping and CANNON's horse therefore awarded the prize. ABBA had possession of the tea pot and would not give it up. Judge ordered tea pot to be handed over, the referee's judgement being the law in this matter. E.D. BONNEY, Bowness vs J. FORSYTH, Bowness Sued for £3 19s 5d for fixing three water closets. Defendant claimed valves did not work correctly but was willing to pay as soon as they were put in proper order. Plaintiff said they were all in proper condition. Verdict for plaintiff David Leverton Leverton, Stevens, Clibborn, Dodgson, Hird, Stalker ulpha@telus.net