Mitchil v Alestree
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 190
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
Distinguished, Manzoni v. Douglas, 1880, 6 Q. B. D. 150.
mitchil versus alestree. [Distinguished, Manzani v. Douglas, 1880, 6 Q. B. I). 150.] 2 Lev. 172, m. c. 3 Keb. 650. 2 Salk. 440, 441, &c. In an action upon the case brought against the defendant, for that he did ride an horse into a place called Lincoln's Inn Fields, (a place much frequented by the King's subjects, and unapt for such purposes) for the breaking and taming of him, and that the horse was so unruly, that he broke from the defendant, and ran over the plaintiff, and grievously hurt him, to his damages, £c. Upon not guilty pleaded, and a verdict for the plaintiff, it was moved by Simpson in arrest of judgment, that here is no cause of action : for it appears by the declaration, that the mischief which happened was against the defendant's will, and so damnum absque injuria; and then not shewn what right the King's subjects had to walk there; and if a man digs a pit in a common into which one that has no right to come there, falls in, no action lies in such case. Curia contra, It was the defendant's fault, to bring a wild horse into such a place where mischief might probably be done, by reason of the concourse of people. Lately, in this Court an action was brought against a butcher, who had made an ox run from his stall and gored the plaintiff; and this...
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