COURT OF KING’S BENCH
CALVER v. EAMES
This was an action on the case against the defendant, proprietor of the Portsmouth mail coach, for the negligent driving of his servant, whereby the plaintiff’s leg was broken.
The case for the plaintiff, a tailor by trade, was an outside passenger by the mail from Portsmouth to London. In the night time, between Petersfield and a place called Mow’s-hill, the mail came up with a post-coach called the Nelson, when they began racing against each other. In a narrow part of the road, the mail attempted to pass the Nelson, but there being insufficient room, the horses started, and got upon a bank, which had the effect of overturning the carriage, and in the fall the plaintiff had one of his legs fractured in two places. Part of the blame was attributed to the driver of the Nelson, but the accident was principally imputed by the two witnesses called, to the misconduct of the driver of the mail. The plaintiff was confined a considerable time, suffered great pain, and was wholly unable to attend to his business until he got quite well. The defendant had paid the surgeon’s bill and other expenses, amounting to 160l., but having made no allowance for the plaintiff’s loss of time and personal suffering, this action was brought.
The defence set up was, that the defendant’s servant was blameless, and that to the misconduct of the driver of the Nelson, the accident was wholly to be attributed.
Verdict for the plaintiff, Damages 40l.