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Gibbon v Pepper

Nominate Series Cited authorities 2 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1795
Date01 January 1795
CourtCourt of the King's Bench

English Reports Citation: 91 E.R. 538

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Gibbon
and
Pepper

Pasch. 7 Will. 3, B. R. 1 Ld. Raym. 38, S. C.

5. gibbon versus pepper. [Pasch. 7 Will. 3, B. R. 1 Ld. Raym. 38, S. C.] Justification must confess the trespass. S. C. 4 Mod. 404. 2 Lev. 179. 4 Mod. 404, S. C. Styl. 72. 1 Vent. 295. 2 Jo. 205. 3 Lev. 37. 1 Saund. 3. Hob. 134. Rol. Abr. 548. Style 72. In trespass and assault, &c., the defendant pleaded that he was riding a horse in the King's highway, and that his horse being frightened ran away with him, and that the plaintiff [638] and others were called to, to go out of the way, and did not; and the horse ran upon the plaintiff against his will, &c. The plaintiff demurred, and had judgment; not but if the defendant had pleaded not guilty, this matter might have acquitted him upon evidence ; but the reason of their judgment was, because the defendant justified a trespass, and does not confess it; for if A. beats my horse, by which he runs on another, A. is the trespasser, and the rider is not. And as to Hob. 134. Mo. 864, placito 1192. 1 Brownl. Precedents 188, they differ, for in them a battery is confessed.

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