Courting damages: Getting creative with the bat

 
1850.jpg

by Abhishek Mukherjee

On January 15, 1853, a legal case was contested between Serjeant Wilkins and C Pollock (for James Lane, the plaintiff) and E James and Needham (for Christopher Barnes, the defendant) at Middlesex before Justice Baron Platt (Baron was his name).

Lane, 19 at the time of the incident, came from an affluent family. He went to the "normal school" in Westminster, assisted his father in business, and was member of a related cricket club.

Barnes, son of a surgeon, was a student of one Dr White. This is in all likelihood Dr C White, who ran Orger House Academy, Acton, which had an "extensive and convenient" campus where students were “treated with paternal care”. Several of them secured "Engineer or Artillery appointments" in East India Company.

The match in question was played at Shepherd's Bush, between Lane's school in Westminster and this academy. The brothers James and John Lane were there was a rain disrupted by heavy rain. Both teams retired to the Wellington Tavern.

Barnes bowled the first ball after the break, to John Lane. The ball hit Lane on his front pad, and the umpire (a third Lane brother) ruled him out.

At this stage James Lane protested on the grounds that John's foot was not in front of the wicket. This led to a quarrel. Heated words were exchanged, and Barnes struck James Lane on the nose. Lane punched back, so it was one-all.

Now Barnes snatched a bat from the umpire (it is not clear why the umpire was carrying a bat) and charged at Lane.

At this stage Lane had two options, the more obvious being a bat due. However, he flung his bat away ("fearing that he might lose his temper and then do some serious mischief with it", as per the petition) and ran for dear life.

Barnes did not give up. The quicker of the two, he gained on Lane and hit him on the back with the bat, causing Lane to stagger and fall. Lane got up and ran again, and yet again Barnes caught up. This time the blow was harder, and on the ankle.

So much for that ridiculous Gentleman's Game tag.

Then the pair was separated, and more amazingly, the match continued – though James Lane used a runner. It went on till eight. The ankle deteriorated overnight. Dr Burton Payne, the family physician, detected a "violent inflammation of ligamentary structure". Erysipelas set in, and Lane had to be treated with mercury.

He was confined to bed for three weeks, incurring a severe loss (he earned between £2 to £3 a week). Additionally, Dr Payne's bill exceeded £17. He claimed £60.

This excerpt from Lane's solicitor James makes interesting reading: "They happened to have a considerable authority in cricket matters in court at the moment, and as they had in law certain reports of 'leading cases', so he might say there were in cricket reports which he would call Denison’s Leading Matches – a report which could be referred to decide these questions."

He won the case.