The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-01-28 00:00:00

A RAILWAY DItPUT6.

Baum v. The London and Satith•Westeln and the
Midland Railway Company. Mr. Cowles. QC.. with
whom was Mr. Matthew,. appeared for the plaintiff; Mr. :
CAM+, Q C.. and Mr. Goldney were the counsel for the
del soden is.
Mattheent opened the ;Medium, which set forth
that the plaintiff. Kr. Edward Barnes, was • boot and
shoe maker, of Bournemouth, and that the defendeets
were common carriers. The action was to recover £lO as
oonition for damages susteined by the caroms* and
negligent conveyanos of VOllll from Bristol to Loire*.
MOO two out Of four cams being damaged. TM
defendants denied delivery to the Somerset Joist C 0...
mittes,also that injury use done to the good..
Yr. iMaries then opened the OWL From his statement*
it appeared that on Kay 10th 18111, • Bristol boot and
shoe maker consigned to thepiainUff four ewes of ho• ti
sad shoes, thevalue of which wee from MO to 1:300.
Tbe cams were despatched from Breatol over the defoli-
ant's line to Bath, mad thence to Wimhorne sod Bourne-
mouth. On the lah of Kay they were delivered to the
plaintiff and placed on the pavement in front col hi, shop
After partaking of Me midday meal be unpacked them.
end Instead of finding all the looms in exoellent condition
the content* of only two of the PAM were fit for my•
thing, those of the others b?.
th
masked through and
through. The value of the in e two damaged
cnem was about /100, sad the me calculated at the
rate of from 30 to X per went, on that amount.
The Judge: I am not going to 117 any room MOW oa the
d*rawidulleambisuous pleadings which noww-daye ere
tb*sabion.—llls lordship ascertained tb• demo. •414 that
no contract was made w,th the comosalse, RIM the
Plaintiff ordered the goods to be placed la the street,
where they remained some boors, a heavy storm coming
on and ceasing the mischief now complained of. Without
any technicalities this ma the simple itOtIO. and thee the
' Judge in•linated he would make an amendment to the
effect that the 8 merest Joint Committee acted as the
agents of the defendant..
Kr. Charles said the goods to tbe second two peeksme
arm, es dry as a bone, so thst the theory sa to the rain was
I false.

The case was resumed on Friday morning, at 10 o'clock,
when the Bret witness tare 1 was the pi•lntiff, Kr.
Edward B•rnea, who said he we. • boo and ehmenakar,
carrying on baelnese at Southbourne-terrace„ Bourse-
mouth. On the 13.1% of Kay last year, be receivel font
cases of ladies' boota and shoes from llesers. Deriumi,
8r0.., of Bristol, and they were delieered to hi. bet **en
half-past tvg.lm and one by Hurls, the goods potter of
the South-Western It dieser. The ow, were tamed on
the footpath outside his shop, and he paid 17a M. cerylage,
and signed the usual document There wee • balcony in
front of his shop about Vt. wit, and a blind covered the
footpath, which was 11 or 11 ft. wide. He commeacied
unpacking the first cam atonal two o'clock, and fooled that
the goods were soaked right tbroosh with wi t Souse of
the boota were in card boxes. aud teem fail ell to elec...
There was no rain from the time the goods were d01,,,0nd
until the drat cam was unpacked ; but it did rain for about
110 minutes between three and half-pest.
Cromaramined hy Mr. C : He was certain that
there wes not • severe it am at one o'clock.
_

By • Juror: The boxes were placed in • row.
Miss Mary L,diii, an asehstaat In the plaintiff's shop,
said the e me. terra placed in a row along the fixtpath,
under the blind, •bout • yard train tk• road.
Mr. George Thick, boottnaker, of B ornensonth, said be
eelculated the deprielatton in value at about SS per cent,
or folly £3O.
Mr. William Cumberland Allison, hair-dresser, of'
Bournemouth, sal I be lived three doors from am pleietid,
and saw the boots delivered at shout quarter to me
o'clock. . . .

bran-examined by Mr. (Jollies: The cases projected
partially ivirr thy gutter. hat Ike blind corergg
Joseph Pont Peacock, pease, in the employ of MOOMIL
Barbara, of Brirt 1, mot el that the goods were properly
pecked in wooden masa
Joseph Kanner., another noployes of UMW% Darham.
proved &livery.
Mr. Charles patio a memorandum from the Midland
Company to the 8 iuth-Weetrra Company stating that the
goods left Bristol in good condition.
Mr. Collins submitted Mat there was no evidence
against the Bidlan 1 Compeer.
The Judge should like the me to go ow
Mr. Collins tnen 'Admired the Jury for tho defencre.
Mr. Jamas Waltman Tadadd, muster to Mr. Perry,
carting meant to the London sod 8 141 kb. Western Railway
Company at Bristol, said the 8 iuth.Westsrn had no
station at Bristol, sad goods bad to be sent over other
oompiales liar, unto the Bmtb-Weet,rn.
George Beer. carter to Mr Perry, said he placed the
cm.. in his severed mirk sod con. veyed leteco to the
railway station. utter* that our. niaard ander • *wand
shad
. .

Lo.wle Shires, a checker in doe employ of the Midland
Company at Bristol, proved receiving the bores In good
condition on the 10th of May.
Charles lbpstorse, another checker at the same station,
rid he toasted the four boxes with • number of other
thinp for B oarnemouth in the South-Wester° w•gkon,
umbw• 2.1136 sod °overeat it with Midland sheet number
Thsenda of the waggon were sound, and the
tarpaulin was • sound one.
John Shiptors, number-takw at Bristol station said the
waggsn in question was prowl, " sheeted." It left by
the 9.45 train.

The guard stated the weave eree sot interfered with
on the rood.

-117nry— Pitchy, Henry Pullen, John Worry. Frederica
Carter, George Frederick Hutu. Junes Pearce, an
Henry Hoddinott, gouda, number-takers, or checker;
spoke to the goods being conveyed without interference,
the sheets and waggons boring la good oudit ion.
By the Judge: It wu his duty to report damaged thee*
but if a Meet wag turned op he should not report it.
Wyatt Hutihing., porter at Bournemouth station, said
the waggon wee pieced in the warehouse on Saturday
evening and remained there tiU Monday morning.
Thomas NW* carman to Mr. Pima the South Western
Oocupanfe tot Bournemouth, mid he delivered the
cuesto Mr. from a covered eta at about. quarter
to U o'clock. The sun was shining, and the cues were
quit* dry. There sue a very bard thunderstorm between
and L He plued the nue on the punnet, one and
rutting on the kerb atom aad the otter OP the raid. Half
of each box would be outside the blind. When he went
for the empties next morning Mr. Borneo complained that
ems of the cases were wet, and he told him that they
were quite dry when he delivered tem.
George Irildew, goods clerk. at Bournemouth Station,
mid no complaint had been received from the other people
woo had goods from the same truth.
Yr. Goldney suggested that the thunderstorm did the
mischief whilst the oases were oil the pavement in front
of Yr. Barnes' shop.
Mr. Checks mid he thought they would be astariled
beyond all doubt that the damsel' manned ham the tem
were delivered to Mr. Bumf* He was sot bound to
Kona% for the way in which the dunes. occurred—lt we.
enough for blot that it did ocoad The reel°n them were
no tram of the damage we Met the mischief was done
hears Were, u shown by the cardboard bous bane ea
moth damaged that they fell to pion&
The harmed Judge explained the important and only
etteetian was whether the&edi were damaged when they
were banded over to the tiff. They could not blame
railways for sometime, being suspicious, as undoubtedly
there were many owes where people thourkt a railway
company fair game, and unscrupulous claims were Mimi
made, but that the damage In the present cue should be
caused by • sudden thonderst mot, and that two of the
GLIM should be 8o much damaged and the other, be wholly
undaunted seemed ditlicalt to understand.
The jury found that the Midland Company was not
sad gave a verdict for plaintiff mated the Booth.
Western UN., wed Judgment was entered for the
cilutilf for gm PSOBall4 and costs against lb* South-
" Wooten, Company, sad is (avow of the Midlead Ocumeny,
but without coots.

• C• 113 KiIISRP.ZO TO aIIITIATIOIL

Tacker e. Day.— Yr. Colo. Q C . and 114.
appeared forth. plaintiff ; and lir. Q 0., sad Mr.
G. Pitt-Lewis for the defendant.
The plaintiff was Yr. John Tucker, • fanner, residing
at Perry Oottege, Botha/tory, and the defeudant,
Joseph Addison My, solicitor, of Bridport. Defendant is
the mortgagee of the plaintiff's late father's estate, °as-
sisting of two farms, aid the action was to recover
declines for Wm& distress, but it turned out to be • an..
of 11•01116011 (Bettina end ar the pleadings were not properly
framed, the Judge decided that the came could not go on.
The rause was ultimately:withdraws. and all written In
divots between the parties were referred to Kr. Vigor for
settlement, with power to state • spedel rase if aeosisary.
all 0044 to be in the discretion of the arbitrator.

LCTIOW AGAINST Tan HMI seriun OF TVS COOWTT.
• great deal of interest appeared to be takes in the
ea.. gawps Meows setae "nutcase doers
eau, at therminster gimlets." Keay ladies were Is the
• special Jar, of nine were emmuseUed.
Kr. Ode, QC., and 111-. Pits-Lewis were foe the
totiL and ar, Collins, Q C., sod Kr. Balks for the
da•sdant.
The &Mies was brought to recover domain. Molar out
of a cometoc slimed t 3 have taken plass in Mn, last.
istleure.fings, which. were opened by Kr. PLewis,
the defendeot servant negligently drove into
the plantar. open carriage, candog the alleged Werke
to Klee Sharpe. The defence denied the friaries were
sastaleed by such nogligehoe
Kr. Cola said the plaintiff. Kies Many ran Sharpe, was
the dauxbtar of • highly nteneetable yeoman and termer
Is this county. IN. was about as or 14 years of ago and
I it the time of the a xident was is the enioymm4 of
perfect health, and, like many farmer's daughters ha this
i county, she was not only accorepiiehed sad co,Lki play
i Me plane but she also assisted In the koneehol.l d mho
and making tie, cheese and batter. Kr. C3le then
' detailed the circus& damn of the meideut.
Plaintig, who la rather prepossessing In appearance...
then armed to the vita/sea box by bier father, and aboOol.
moclood with i choir. She said she lived at horse with
her lather and mother at Kinston, two miles
Iron. litarminster Newtoa. The Ktit of last Kay, she
drove bar mother lato town In • ftur.whesi open chid. whim they got int, gtannineter Newt., nom to It r.
Short', dem they pulled sto to speak to two gestlemell. gdr. Pantheist and Kr. Short While stendlag than,,
which was not more titan two or three agnate% and
mtalkitAtr. Williams's matins pared the tirade/ towards
the at a walking neon It thorn sued as It
and bernitther war spschingto Kr. Pershearehe
felt • shock which we. e sued by
coming Into collides with one of War bind
pulling their carriage templets& meal The pilay°
ofi, me IMO 01 VW Odes- appeedng aka* keit

NORTH4QI7ARN, DORCHIIBTEIL

Orman ins Mumer-sousa).

JOHN PHNLPS,

GRoosa AND TEA DEALER,

1710LI8ALI AID RIT44 lltollllol DULER.

Bop to inform Ws Patrons ao.l Pries& that ho
has a °twice Wooden a

PRINK DAIRY-PRD PORK,
DORSET sad CHEDDAR CHRIEZ.
lltilla AND PorrsD aurric
Nun Masa QuaMY, md • lute qua•Ht7 01
ROME CURED HAMS AND BACON.

IMAILANI raillil Inn DAY.
&aid. ibte. dm. 4%.

MisAilltaate."BlT Mzusklad Pagi-elik.S. High Wegidraikailkil ar.°4"117gP"111.2
Printed and pubseed by .-
Mliete R. WIWV",.:OO
the Osoms. Es Melrose's' Moo, Dariblea.
pada ot iitoly Woolly, foe the Preto4°`
Tendon Jemmy all•