The Prothonotary.—Invariably the expenses would be allowed, my Lord.
Mr. Justice Park.—I am glad to know it, for I was not aware how the case was.
Mr. Sergeant Taddy then proceeded to contend, that with respect to the cost of the experiments, as they were not made for the purposes of general science, but had reference to this case alone, they ought to be allowed. Indeed, they were made by a sort of compact with the other side. They (the defendants) themselves seemed anxious that such experiments should be made. They declared that they would make them, and they invited the plaintiffs to make them also.
The Chief Justice.—How much was the amount of the property insured?
Mr. Sergeant Lens replied that it was upwards of 70,000l.
The Chief Justice.—I think (whether the cost of experiments be allowed or not) it was right, in a case of such importance, that they should have been made; but I wish it could be shewn to me whether there was any compact between the parties for making them.
Mr. Sergeant Hullock, who appeared for the defendants, here observed that he knew of no compact of that nature.
Mr. Sergeant Taddy.—I do not say, my lords, that there was a positive compact; but I remember that, when the motion for a new trial was argued before your lordships, one of the arguments used in support of the motion by the defendants' counsel was, that a sufficient number of experiments had not then been made. Surely, then, it will not be contended that there was not an inducement to the plaintiffs to make those additional experiments for which they now claim to be allowed.
Mr. Justice Burrough.—There was no contract.
Mr. Sergeant Taddy.—None, my lord; but they challenged us to make the experiments. We have done so; and I submit to your lordships that the verdict being for us, we ought to charge them with the full costs.
Mr. Sergeant Hullock, in support of the rule, contended
