CASES

PRINCIPALLY

ON

PRACTICE AND PLEADING,

AND RELATING TO THE

OFFICE OF MAGISTRATES,

DETERMINED

IN

The Court of King's Bench.

DE

ABATEMENT.

ANSELL against WATERHOUSE.

1817.

Trinity T.

the case against

a common carrier, for not

safely carrying a passenger, defendant can

abatement the

ECLARATION in case against defendant, as "the In an action on proprietor of a common stage-coach for the carriage of passengers for hire from, &c. to &c. and that the defendant had and received into his coach plaintiff's wife, to be safely carried as such passenger for not plead in hire; and that the defendant, not regarding his duty, nonjoinder of a did not take due care, &c. and by reason thereof the co-proprietor. carriage was overturned, and the plaintiff's wife hurt." The defendant pleaded in abatement nearly in the same form as in 2 New Rep. 366, of the non joinder of other coach owners, to which plea there was a demurrer and joinder.

Richardson in support of the demurrer, after observing on the inconvenience resulting from allowing pleas in abatement in actions of this nature, where the plaintiff