The Reminiscences of Sir Henry Hawkins (Baron Brampton)Brampton, Henry Hawkins, Baron
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The Reminiscences of Sir Henry Hawkins (Baron Brampton)
Brampton, Henry Hawkins, Baron
Brampton, Henry Hawkins, Baron, 1817-1907; Judges -- Great Britain -- Biography
Mr. Lloyd, as usual, was for the business, while I appeared for the
company. My excellent friend proceeded on the good old lines of
compensation advocacy with the same comfortable routine that one plays
the old family rubber of threepenny points. I occasionally finessed,
however, and put my opponent off his play. He held good hands, but if
I had an occasionally bad one, I sometimes managed to save the odd
trick.
Lloyd had expatiated on the value of the situation, the highroad
between Waterloo Station and the Strand, immense traffic and grand
frontage. To prove all this he called a multitude of witnesses, who
kissed the same book and swore the same thing almost in the same
words. But to his great surprise I did not cross-examine. Lloyd was
bewildered, and said I had admitted the value by not cross-examining,
and he should not call any more witnesses.
I then addressed the jury, and said, "A multitude of witnesses may
prove anything they like, but my friend has started with an entirely
erroneous view of the situation. The compensation for disturbance of
a business must depend a great deal on the nature of the business. If
you can carry it on elsewhere with the same facility and profit, the
compensation you are entitled to is very little. I will illustrate
my meaning. Let us suppose that in this thoroughfare there is a good
public-house--for such a business it would indeed be an excellent
situation; you may easily imagine a couple of burly farmers coming up
from Farnham or Windlesham to the Cattle Show, and walking over the
bridge, hot and thirsty. 'Hallo!' says one; 'I say, Jim, here's a nice
public; what d'ye say to goin' in and havin' a glass o' bitter? It's a
goodish pull over this 'ere bridge."
"'With all my heart,' says Jim; and in they go.
"There you see the advantage of being on the highroad. But now, let
us see these two stalwart farmers coming along, and--instead of the
handsome public and the bitter ale there is this shop, where they sell
medical arrangements--can you imagine one of them saying to the other,
'I say, Jim, here's a very nice medical shop; what d'ye say to going
in and having a truss?'"
The argument considerably reduced the compensation, but what it lacked
in money the claimant got in laughter.
Sometimes I led a witness who was an expert valuer for a claimant to
such a gross exaggeration of the value of a business as to stamp the
claim with fraud, and so destroy his evidence altogether.
Sir Henry Hunt used to nod with apparent approval at every piece of
evidence which showed any kind of exaggeration, but every nod was
worth, as a rule, a handsome reduction to the other side.
I shall never forget an attorney's face who, having been offered
£10,000 for a property, stood out for £13,000.
Public-domain text, read in full here on John Shaqi.
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