County Court

THOMAS WHEELER v. F. BARFORD

The plaintiff, a farm labourer, residing at Bernard-heath, sued the defendant, the owner and occupier of Townsend Farm, to recover 10s., for damage done to his garden.

The defendant did not appear.

The plaintiff stated that on 15th March five of the defendant’s cows got over into his garden, and damaged a quantity of young cabbage and lettuce. Defendant was asked if he would afford any compensation, and replied in the negative, and denied that his cows had been in the garden at all.

Mrs. Wheeler spoke to seeing the cows on the day above mentioned getting over the plaintiff’s fence, and entering his garden. She drove them out, and had to go three times round the heath before she could get them into the field from which they had strayed. The defendant was asked if he would make any recompense for the damage done, and he said no, he could not.

His Honour [J. Whigham, Esq.] said that as the defendant did not appear in his own interest, and as it appeared that his cows had damaged the plaintiff’s property, verdict would be for the plaintiff for the amount claimed, with costs, to be paid in a fortnight.