Court of Justice, K.B-I, awarded the plaintiff £100 in an action in which Miss Charlotte Fowler Pitcher, of Queensborough Terrace, Bayswater, W., clamed damages from Surgeon Captain John H. B. Martin, M. Getired), and his wife, Mrs. Erina Mildred Martin, of Lancaster "Gate, Hyde Park, W., for personal injuries caused by her being knocked down by Mrs. Martin's terrier dog while the latter was chasing a cat in Por-chester Gate, Bayswater, on May 24, 1936 reports "The Times."
The Plaintiff alleged that the defendants, or one of them, wrongfully and negligently allowed the dog. to which a long lead was attached, to be let loose so that the lead could get round her legs and throw her to the ground, breaking her wrist. She contended that the release of the xt day and was very sympathetic. Dr. Martin also visited her and told her that he would like to contribute to her expenses. He afterwards denied liability.
Mr. Willes said that his case for nuisance was based on the proposition that if anybody placed on or near a highway anything which was calculated to cause danger or inconvenience to users of the highway and damage resulted it was an actionable nuisance, independently and irrespective of any negligence on the part of the owner.
"Never Been A Case"
Murphy said that there had never been a ease where an animal on the road was held to be a nuisance, It might be otherwise if a dog were dangerous. dog by the defendants was negligent, or, alternatively, constituted a nui-sauce for which they were liable.
The defendants did not admit that the dog caused the plaintiff to fall, and pleaded contributory negligence. Mrs. Martin admitted that the dog was hers, but said that it escaped from her control on the day in question. She denied that she was negligent or that the act was a nuisance.
Mr. R. A. Willes appeared for the plainti Mr. Denis Murphy for the defendants.
Text read from the printed page and cleaned; old type leaves the occasional error.