Skip to Content

Decisions of the Superior Courts of New South Wales, 1788-1899

Nowlan v. Whitfield [1827] NSWSupC 75

assault, toll bridges and roads, damages, personal injury

Supreme Court of New South Wales

Forbes C.J., 11 December 1827

Source: Sydney Gazette, 14 December 1827

This was an action for assault, brought by the plaintiff, who is keeper of the Parramatta toll gate, against W. G. Whitfield, of Sydney.[1 ]

It appeared in evidence, that on the evening of the 2d of October last, the defendant was riding through the toll gate of which the plaintiff was keeper, and on the usual toll being demanded by the plaintiff, he refused, stating that he had come through the other gate.  The plaintiff, in that case, desired to see the customary ticket, but this also was refused.  Upon this the plaintiff laid hold of the reins of the horse to prevent the defendant from passing, when the latter struck him violently across the face with a whip, which inflicted a dangerous wound on the eye, and rode on.  The plaintiff was for some time under the care of Dr. Martin, at Parramatta, in consequence of the injury he rec[e]ived.

Verdict for the plaintiff £25 damages.

Counsel for the plaintiff, Mr. Rowe; for the defendant, Mr. Allen.

Notes

[1 ] See also Monitor, 17 December 1827.

Published by the Division of Law, Macquarie University