[gig, hired, damage to – Supreme Court, Clerk of – bailment]

Newlove and another v. Lewis

Supreme Court of Van Diemen’s Land

Pedder C.J., 18 March 1842

Source: The Hobart Town Courier, 25 March 1842

            This was an action brought by the plaintiffs against Mr. Lewis, the Clerk of the Supreme Court, to recover £7 15s. for alleged damages done to a gig hired by the defendant to take him to and from Launceston.

            The Solicitor-General appeared for the plaintiff; the Attorney-General, Messrs. Macdowell and Stephen for the defendant, to whom the Solicitor-General, in his address to the jury, humourously adverted as “a phalanx” of legal talent placed in array to oppose him. 

            The evidence not having shown that the accident had been incurred through neglect on the part of Mr. Lewis, the Attorney-General moved for a nonsuit; but His Honor, though inclined to the same opinion, would put it to the decision of the jury as to whether the defendant had bestowed the same care on the gig as he would have done had it belonged to him.

            Verdict for the defendant.