Wooley v Batte
| Jurisdiction | England & Wales |
| Judgment Date | 10 March 1826 |
| Date | 10 March 1826 |
| Court | High Court |
English Reports Citation: 172 E.R. 188
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
[417] Stafford Assizes (Civil Side), before Mr. Justice Park March lUth, 1826. wooley v batte. (If a party recover damages in case against one of two joint coach proprietors for au injury sustained by the negligence of their servants, such proprietor may main- * In the ease of Rex v. Hon Rabat Johnson, a letter from the defendant, asking a third party to publish certain libels, was lost, and on the trial of an information against the defendant for the publishing of those libels, secondary evidence was given of the contents of that letter. It may, therefore, be proper to consider, whether, if the identical libel published was in the possession of the defendant, and he had notice to produce it, and did not, secondary evidence might not be given aeftR.4P.es. REX v. DEBBINGTON 189 tain an action against his co-propnetor for contribution, if he prove at the trial that he was not personally present when the arcident happened.) Assumpsit for contribution. Plea-General issue. The plaintiff and defendant were joint proprietors of a stage coach , and damages had been recovered in an action on the case, against the former only, for an injury done to Mrs Jeavons, a passenger, by reaaoa of the negligence of the coachman. The plaintiff had paid the whole of the damages amd costs, and brought the present action to recover half the amount from the defendant as his partner. For the plaintiff, an examined copy of the judgment against him at the suit of the husband oi Mrs Jeavons, was put in The declaration was in case, and stated the injury to have arisen from the negligence of the present plaintiff and his servants (in the usual form) It was also proved, that the plaintiff paid the amount of damages and costs in that action, amounting to £176, under an execution , that the plaintiff and the defendant were...
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The Englishman and the Australia, No. 2
...and arguments sufficiently appear in the judgment. In addition to the cases there cited, the following were referred to: Wooley V. Batte, 2 C. & P. 417; The Niobe, 65 L. T. Rep. 502 ; 7 Asp. Mar. Law Cas. 89 ; (1891) A. C. 401; The Avon and Thomas Jolliffe, (1891) P. 7; Batchelor v. Lawrenc......
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Pearson v Skelton
...to cases where the person seeking redress must be presumed to have known that he was doing an unlawful act." And in Wodley v. Batte (2 C. & P. 417), which was precisely like the present case, the action was held maintainable. As to the second point, viz., that this was a partnership transac......