The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1877-06-19 00:00:00

UP WIT.

_ .
FALL OUT Or A Ta.tts.--On Saturday afternoon last,
as the train which leaves Weymouth at 2.50 was
approaching the north end of the Ridgway tunnel, a
guard, whose name we believe is Thompson, but who
so more familiarly known as " Bobby James's mate,"
fell out of the hinder break van. It is supposed that
he WM looking out for the signalman from the van.
door, and that the latter was not properly fastened.
The trrin passing the tunnel signalman slowly, the
latter observed that the van-door was open, ran and
jumped to the van, looked in, and found that the
guard was gone. He then jumped down, gave the
signal to stop, and Mr. Forrester, the inspector and
some others, went back and found the guard on the
"Mt." within about 20 yards from the end of the
tunnel. They picked him up, and conveyed him to
the policeman's hut, he was unconscious, and had •
cut on the back of the head. He was put into the
train and taken to Dorchester.

ABBOTRIITRY.
Tee hIOPOSED RAILWAT.—At a special meeting of the
Great Western Railway Company, on Thursday, the
following among other bills was approved :—A Bill for the
construction of a railway, about 64 miles long, from the
Wilts. Somerset, and Weymouth section of the Great
Western Railway, in the parish of Upwey, to Abbotsbury,
in the county of Dorset, and to give permissive power to
the Ahhotsbury Com,any to be ineorpuratvd, and to the
Great Western Company to enter into working and traffic
agreements.

At eta Ynovit COUNTY COURT, on Thursday, Judge
Lef roy heard the following case :—S. Seaways, seed
merchant, Piaddletrenthide, v. William Andrews, fanner.
—MO, damages f. .r breach of warranty of clover seed.
Ml. 1101•101 i, of Weymouth, for plaintiff, and Mr. Levies,
of Sherborne, for defendant.—A jury we. empanelled.
In May last a Mr. Sullen, dairyman for defendant, told
plaintiff that defendant had some clover wed—of which
be showed a sample—and asked him to buy it. Sullen
told him that he could get it for Uk a cwt., and Samways
promised to take it at that price, sad if he could make
anything out of the bargain it would he his own, besides
which he gave him half a sovereign for his trouble.
Shortly afterwards the wed was delivered in hags contain-
ing two cwt- each. The wed on the top appeared to cor-
respond with the sample, and plaintiff retailed it to
various purchaser% among them being Kr. Toop, who
took • large quantity. Mr. Toop sowed the seed, and it
did not come up, and he consequently claimed compensa-
tion. Mr. Samways thought that the lateness of the
Ramon must have been the reuse, but it was found that
the seed was old and worthless, and Mr. Samway, paid
over LSD as compeasation. Mr. Sinaways then wrote to
defendant asking him to compensate him for the inferior
quality of the reed, which Mr. Andrews refused to do, and
hence the action. Mr. Howard characterised the trans-
action as amounting almost to fraud, as he could prove
that sonic of the seed had been lying about more than four
yearn; that it was cleaned up and nearly a bushel of moth
taken from it ; and that a little good seed was added before
it Vr A, offered to plaintiff.—Mr. Howard contended that
Sullen was the authorised agent for defendant, and that
defendant actually 'old the corn to plaintiff and was
responsible.—Mr. Davies said that Sullen was no agent
for defendant—Mr. Howard : I contend that Bonen was
Andrews's agent in every respect. —Sullen's evidence was
then taken, lie said that in May last he reined cows of
Mr. Andrews, who brought him a sample of clover seed
and asked him to buy it. Witness replied that he would
try town it for him, anal took the sample to Dorchester
and showed it to plaintiff's son, telling him that it we.
seed which Mr. Andrews had for sale. Shortly afterwards
he met plaintiff in Yeovil market and asked if defendant
had sold the seed. Witness replied that he had not,
and Mr. Ramways said—" If you can buy it at kJ 2.5. a
cwt. I will give you Sta. for your trouble, and what you
can buy it at leso you may have yourself. • Witness got
the seed front defendant at £2 a cwt., but defendant told
him be knew nothing al.ut Mr. Samways. Ile sold the
seed to him (witness) and should look to him for the
money. Witness continued; " I said that Samways
asked me to bay the seed and he would give £2 a cwt. for
it. Defendant mid that he did not care who I wanted it
for, as he did not know Samways or anyone else. He
should look to me for the money."—Kr. Davies submitted
that after Bullene evidence plaintiff was out of court, and
Sullen admitted, in reply to a question, that he would not
have bought the seed if Sam ways bad not asked him to do
so.—Mr. Howard contended that Sullen was defendant's
agent inasmuch as be brought his sample and offered to
sell the seed for him.—His Honour said that it seemed ,
front Bullen'a evidence that he bought the wed on his own
account—having got another customer.—ln answer to His
Honour, Batten said that Mr. Samways paid him for the
seed and he paid Mr. Andrews.—Mr. Davies said that the
seed was never warranted and Bullets knew what he was
Honour said that the question was as to the
authority Sullen received from defendant, and Mr.
Andrews, a very old man, and his wife, who is blind, but
who does most of the business, were examined. —Mrs.
Andrews narrated the selling of the corn to Sullen, and
said that Sullen refused to give £2 is. a cwt. as he would
not then get anything for himself. Mr. Bullen never
mentioned Mr. Samways's name to her nor her husband,
and they did not know where the seed went. Sullen
knew that it was old seed because of the insect, about it.
—After considerable argument. His Honour derided that
plaintiff purchased the seed of Sullen and that defendant
was responsible—ln reply to Mr. Howard, he snlntituted
Bullets as defendant instead ot Mr. Andrews and adjourned
the case—each party to pay his own costs.