Court of Exchequer, May 25.
(Sittings in Banco)
COOK V. BATTY.
Mr. Sergeant Shee moved upon leave reserved for a rule to enter a nonsuit, or for a new trial, in this case. The cause was tried at Westminster before Mr. Baron Martin, at the sittings after last term. The action was brought by the plaintiff, a youth of about 16, against the defendant, who is the proprietor of the Hippodrome, for injury sustained by plaintiff from a horse kicking him in the face while witnessing the equestrian performances at defendant's establishment. The declaration stated that the defendant was possessed of a horse of a restive and vicious temper, and accustomed to kick, and that the defendant used him so negligently, not having made due and proper arrangements for the management of such horse, that he kicked plaintiff in the face. No evidence was given that the horse was accustomed to kick; but his lordship thought that, leaving out that allegation, there was a sufficient statement of a cause of action, and that the case must go to the jury. The plaintiff obtained a verdict for 20l. The learned Sergeant now urged that the declaration was founded on the statement that the horse was vicious and accustomed to kick, and the arrangements were stated to be insufficient with respect to "such horse." The plaintiff had therefore failed to make out his case in a material point. He also contended that the verdict was against the weight of the evidence.—Rule granted on both points.