Hall v. Fearnley

114 Eng. Rep. 761 (1842)

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Hall v. Fearnley

Queen’s Bench
114 Eng. Rep. 761 (1842)

Facts

Fearnley (defendant) was riding his horse and carriage through town when the carriage struck Hall (plaintiff), injuring him. Hall was walking on a narrow, curved part of the street near where Fearnley was riding. Hall brought suit against Fearnley for trespass. Fearnley pled not guilty and tried to introduce evidence that Hall stepped in the way of the carriage. But the court ruled that Fearnley was required to bring that evidence in a special pleading and barred it from admittance. The judge instructed the jury that the issue was whether the accident was unavoidable and caused by Fearnley or the accident was caused by Hall stepping in front of the carriage. Hall moved for a new trial based on the fact that the judge directed the jury to find for Fearnley if the jury believed the injury was an accident. The matter was then put before the Queen’s Bench.

Rule of Law

Issue

Holding and Reasoning (Wightman, J.)

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