Lord Wensleydale
historical figure · 2 works · 5 mentions · 12 anchored passages
Parke B. · Baron Parke · Baron Surrebutter · the Baron · the learned Baron
in the texts
The Law of Torts
Judge whose 1838 and 1842 dicta in Bridge v. Grand Junction R. Co. and Davies v. Mann are treated as founding the modern law of contributory negligence.
As long ago as 1838 it was distinctly pointed out that “there may have been negligence in both parties, and yet the plaintiff may be entitled to recover:
Parke B.
Holliday, which does not deny legal responsibility “when any one delivers to another without notice an instrument in its nature dangerous under particular circumstances, as a loaded gun which he himself has loaded, and that other person to whom it is delivered is injured thereby;
The Genius of the Common Law
Real judge of the Court of Exchequer, later elevated to the House of Lords as Lord Wensleydale, fictionalized in Hayes's dialogue as Baron Surrebutter, defender of technical special pleading.
’ One of the interlocutors is Baron Surrebutter, a transparent disguise for Baron Parke, or rather that half of him which was devoted to the technical side of process and pleading.
Perhaps it would be too much to expect a Baron Surrebutter to stand apart from the technical point of view to which he was bred.
The shade of the learned Baron newly arrived in Hades complains to Crogate of his treatment by the court of Rhadamanthus, a court below, but from which, to the Baron’s indignation, error does not lie.