Ambleside County Court Ambleside Lakes Herald December 17, 1881 Thursday before T.H. INGHAM at the Mechanics Institute, Ambleside. Solicitors in attendance: J.T. BOWNASS, Windermere; F.W. WATSON, Kendal; H. DOBSON, Bowness and Kendal; R.F. THOMPSON, Kendal; W. TILLY, Lancaster; W.H. HEELIS, Ambleside and Hawkshead. Jury sworn in: John DOVE, Braithwaite HAWKRIGG, Charles HORRAX, Arthur JACKSON, G.N. LEIGHTON, junr. J. HAWKRIGG vs N. GARNETT Both parties are farmers residing at Hawkshead. GARNETT being sued for £1, the price of a lamb worried by a dog. Mr. HEELIS appeared for plaintiff and stated that on the 23rd September defendant's dog killed a sheep, the property of his client. Mr. Ed ALLONBY, was examined as a witness and proved the offence. Verdict for plaintiff for 15s, the judge advising Mr. GARNETT not to keep a dog that he could not hold under control William COPELY, Innkeeper, suing Miss Harriet TOWNSON, Hill Top, Ambleside for £26 19s 5d for her alleged negligence in driving his cow over a garden wall, a height of 10 feet, from which it sustained injuries resulting in death. Mr. TILLY appeared for the plaintiff. Mr. THOMPSON for defendant. The case was heard before the jury above mentioned. Mr. TILLY said that the cow was killed by Miss TOWNSON under peculiar circumstances. On Thursday the 20th October, the cow in question had been sent to Rydal Farm, and was brought back again the same day by a young man named Benson HARRISON. He intended to drive the cow into the shippon near to the Golden Rule; but, however, the cow passed on, and proceeded by Hill Top House towards the pasture. It was turned by HARRISON, and went into the garden of Hill Top. A very savage dog interfered and prevented a boy going in to turn the beast out. However, Miss TOWNSON took the cow in charge and drove it over the edge of the garden precipitating it a distance of 10ft. on to the road below. Benson HARRISON, a young man in the employ of the plaintiff, stated that he was too ill to keep up to the cow, he being about 130 yards away from it when it entered Hill Top doorway. The beast was not irritated, it walking quietly. He saw Miss TOWNSON drive it over the wall. She was only about two yards behind it at the time it fell over. Fleming BACKHOUSE, a youth, was called, and said that he was present when the cow fell over the wall. There was a dog which before Miss TOWNSON called it in would not permit him to enter the garden. By her orders he went to open the door at the further end of the garden to let the cow out, which would thus prevent the possibility of its damaging the flower beds. At first he heard Miss TOWNSON say to the dog, "Don, Don, set it off" the dog then running after the cow and barking. He opened the door to let the animal out, but returned the same way as it went, thus setting it back again. Mr. TILLY argued that it was carelessness on Miss TOWSNON's part to try to send it out of the door at the further end of the garden; as it would have to turn and go down two steps. Miss TOWNSON on being examined said: I live with my two sisters at Hill Top, Ambleside. On the day in question the gates leading to the lawn were open as the ashes were being taken away. Between four and five o'clock the same afternoon, I heard the dog barking, and I went out and called it in. It is a setter, and a quiet dog. The boy BACKHOUSE was at the gates, and I asked him whose cow it was, and he answered that it was Mr. COPLEY's. The door I wished it to go out at was quite large enough, as proof of which Mr. Michael TAYLOR had a horse that went through it some time ago. When the cow fell over the wall, I told the lad it would be killed; also that if he had gone round instead of turning back, the affair would not have happened. I never tried to force the cow over the wall. I neither had a stick or dog to force it over. Cross examined by Mr. TILLY: The dog is a quiet one. It might have been rather savage when a pup, but now it is older it has more sense and never touches anything. It will run away from a cow. The beast got in through the gates, which are very rarely left open. I was not near the cow at the time it fell over the wall. The jury having considered the case returned a verdict in favour of defendant. David Leverton Leverton, Stevens, Clibborn, Dodgson, Hird, Stalker ulpha@telus.net