Webster against Watts
| Jurisdiction | England & Wales |
| Judgment Date | 07 December 1847 |
| Date | 07 December 1847 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 492
QUEENS BENCH
S. C. 17 L. J. Q. B. 73; 12 Jur. 243.
[311] webster against watts. Tuesday, December 7th, 1847. To a declaration in trespass for assaulting and seizing plaintiff, and forcing him to go as a prisoner from and out of a certain public house to a police station, it is a good plea in justification : that defendant was lawfully possessed of a house, being a tavern, &c.: that plaintiff came into the house and made a disturbance, and assaulted defendant and others there, and afterwards stood and remained in the public highway near and opposite to the door of the said house and made a disturbance (a) Reported by H. Davison, Esq. U Q. B. SIS WEBSTER V. WATTS 493 there, and used menacing language to defendant and his family, then in the said house and within hearing; and that, by reason of such the plaintiff's conduct, white he so stood, &c., many persons, while he so stood, &c., congregated in the said highway near to and opposite, &c., and made a noise, disturbance and riot in the said highway near, &c., in breach of the peace and to the obstruction of defendant's business and of the said highway : and that, at the time of the removal after mentioned, plaintiff persisted in so standing, &c., making such noise, &c., and, by reason of his so standing, &c., making, &c., was causing many people to congregate in the said highway opposite and near to, &c., in breach of the peace aud to the obstruction of the said highway, although, before such removal, and while he was so standing, &c., making, &c., he was requested by defendant to depart, &c., and to cease from making such noise, &c. Wherefore defendant, in order to restore and preserve the peace, and to get rid of the nuisance so occasioned by plaintiff, just before the times when, &c., gave plaintiff in charge to A. B., a constable, and required A. B. to remove plaintiff and deal with him according to law: and A. B., then being such constable, thereupon removed plaintiff and took him to the police station, and detained him there to be dealt with according to law and examined by a justice of peace, and, for the purpose of so doing, and in so doing, committed the trespasses, &o. To a declaration for assaulting and seizing plaintiff, &o., defendant pleaded that he was lawfully possessed of a dwelling house; that plaintiff was unlawfully therein, with force and arm*, making a noise and disturbance in the said house without defendant's leave, and defendant thereupon requested him to depart, which he refused to do; whereupon defendant, in defence of the possession of his house, &c., molliter rnanui, &e., to remove, and did remove, plaintiff therefrom. Replication : that the sand dwelling house was a common inn, and plaintiff, at the times when, &c., was lawfully therein as a guest, consuming liquors there sold by defendant, which plaintiff had paid for, and at a reasonable time; wherefore plaintiff refused to depart when requested, as he lawfully, &c.: "and the defendant, of his own wrong, committed the trespasses in the said plea mentioned, in manner and form as in thff declaration alleged." Held, that the replication was bad, because it did not answer the allegation of plaintiff's misconduct. Held also, by Lord Denman C.J., that the replication was double : and, by Erie J., that it was argumentative. [S. C. 17 L. J. Q. B. 73; 12 Jur. 243.] Trespass. The declaration stated that defendant assaulted and struck plaintiff, and seized and laid hold of and pulled him about, and forced him to go as a prisoner from and out of a certain public house, into arid through divers public streets, &c. to a police station, and there then imprisoned him, &c. Flea 2. As to the assaulting, striking, seizing and [312] pulling about the plaintiff, in the manner in the declaration mentioned, at the said times when, &c.: that defendant, before and at the said times when, &c., was lawfully possessed of a certain dwelling bouse with the appurtenances, situate and being, &c. ; and, being so possessed thereof, plaintiff, just before the said times when, &c., to wit on, &c., was unlawfully in the said dwelling house, and, with force and arms, &c., making a great noise and disturbance therein, and, at the said times when, &c., stayed and continued therein making mch noise and disturbance, without the leave or license, and against the will, of defendant; and during all that time greatly disturbed and disquieted defendant and bis family in the peaceable and quiet possession and enjoyment of the said dwelling house; and thereupon defendant then requested plaintiff to cease making his said noise and disturbance, and to go and depart from and out of the said dwelling house, which plaintiff then wholly refused to do. Whereupon defendant, in defence of the possession of his said dwelling house, at the said times when, &e., molliter man us imposuit to remove plaintiff, and did then remove him, out of the said dwelling house, as he lawfully, &c., and, for the purpose of so doing, committed the trespasses, &e. Verification. Fourth plea. As to the said alleged trespasses in the declaration mentioned: that defendant, just before and at the said times when, &c., was lawfully possessed of a certain house, being a tavern or ale house situate, &c. That plaintiff, before any of the said times when, &c., to wit on, &c., entered and came into the said house of 494 WEBSTER t'. WATTS 11 a B. 313. defendant, and then made a great noise and disturbance therein, and then behaved and conducted himself in a rude, quarrelsome and uncivil manner towards defendant [313] and divers and very many persons, then lawfully being in the said house, and then assaulted, abused and ill-treated defendant and divers and very many persons, then being in the said house ; and afterwards, and before...
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