Pool v Whitcombe
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1862 |
| Date | 01 January 1862 |
| Court | Assizes |
English Reports Citation: 176 E.R. 31
Nisi Prius
[70] Oxford Spring Assizes, Gloucester, 1862, cor am Crompton, J. pool v. whitcombe. (Although the jury may be told the law as to what amount of damages will carry costs (Wakehn v Morris, vol. 2, p. [26]), yet they are bound not to let it influence them to give more damages than they properly ought to do ; and even in a case of tort, if it is clearly not a case for vindictive damages nor any substantial damages, they ought not, at the suggestion of plaintiff's counsel, to give just enough to carry costs.) This was an action brought by a domestic servant against her late master, to recover damages for assaulting her, causing her boxes to be searched, and for turning her out of the house, and causing her to be placed in a cart and removed some distance. (a) In Easter Term Huddleston moved the Court of Common Pleas, but the Court refused a rule, the money under the agreement not having been paid, and the money recovered having been for board only. 02 POOL V. WHITCOMBE 3 P. & F. 71. The defendant pleaded the general issue, and, as to the assault and removing her from the houae, he pleaded a justification, alleging that she was making a noise in the house, and he removed her, doing it with no unnecessary violence As= to the carting, the defendant alleged it was done with the plaintiff's leave and licence. J. J. Powell and J. O. Griffits for the plaintiff ""Huddleston, Q C., and H James for the defendant It appeared the plaintiff had been housekeeper to the defendant. On the 23rd of November last the plaintiff complained of being insulted by one of the men employed by tie defendant in a barn, and gave a month's notice to leave. The plaintiff remained till the 16th December, when some further difference arose between the plaintiff and defendant, and the latter told her to leave at once, which sie refused to do He then told her she must go the next day, and offered her her wages ; she declined to go, and would not have her wages The defendant said she must go the next day, and sent for a policeman to attend the next day A policeman came, and upon his voice being heard the plaintiff went upstairs, to her bedroom, and lay on the bed. According to the defendant's case the plaintiff was shamming and had been dlinkLng brandy, and the doctor recommended her boxes to be searched ; the keys were accordingly taken from her pocket, as she was lying on the [71] bed, and in one of] them a medicine...
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