The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1879-04-05 00:00:00

A DECISION RESPECTING SEASON

TICKEIT.

In the Supreme Court of Judiegure, the cause of "Cooper
v. the London, Brighton, and buth Coast Railway Com-
pany '' has been heard before the Lord Chief Baron and Mr.
Justice Rawkina, It was an appal by special cilia from the
City of London Court, stated by the learned Commissfoner,
Mr. Malcom /Ker and raised a pint of general interest to
railway companies and season-tcket holders. The facts
were these :

The plaintiff took a season ticket to travel for one
month on the defendant's Use between London and
Brighton, and he signed the usual memorandum set-
ting forth the conditions under which such tickets are
granted by the company Amongst these it was set
forth "that the ticket and all benefit and advantages
thereof, including the de?osit (108.) shall be abso-
lutely forfeited to the company if it shall be lOst,
or in case of any breach of tie above conditions."
The plaintiff paid the charge for the ticket and
the deposit, and according to the practice of the
defendants they on the 24th November, 1876, sent by
post to the plaintiff a printed Notice, reminding him
that the ticket would shortly erpire, and that if he
did not wish to renew it he ought to return it imme-
diately on expiry in order that ;he deposit might not
be forfeited in accordance with the conditions enclosed
thereon. The plaintiff didnot return the ticket until
a few days after the expiry, and then he requested the
return of his deposit of 10s, which was refitsed by the
company en the ground that the ticket was not re-
turned "on the day after expiry " as required by the
conditions. The plaintif accordingly brought his
action in the City of Loadon Court to recover the
deposit and obtained judiment for that amount, on
which the company appeaixl to this Court.

Mr. Jenne and Mr. Moeely argued the case for the
appellants (the defendants in the Court below).
Mr. Anderson was for the plaintiff—the now re•
spondent. The argumentsbeing concluded,
The Lord Chief Baron gave judgment, observing
that the decision of the Corrt in this case was of ap-
preciable importance to the plaintiff, considering that
it involved only an amountof 10s. ; but it was of un-
speakable importance to the company considering the
extent of their arrangemen% and the inconvenience
that would ensue to them through a breach of
any one of the condition& on which alone tickets
were granted. If these conditions were to be
held to be void or not a condition precedent to
the contract, a man might bee his season ticket out of
his pocket and then go to the secretary and demand
the return of his deposit, while the company would,
according to the endorsement on the ticket, have to
pay the promised reward of 10a. to the finder. If the
plaintiff could maintain this action after the breach of
one of the conditions, he could do so if he broke the
whole of them. The Court had to decide whether
the contract was illegal and void, and he was of
opinion that it was not. It was of the greatest
Importance to the railway company that this
particular stipulation as to the return of season
tickets should be fulfilled in order that they
might make their returns to the Government,
and also that they should know what number of such
tickets were properly in use at any given period.
There was no hardship on the plaintiff in holding that
he was bound to fulfil every part of his contract—for
no person was compelled to take a season ticket—and
under all the circumstances he (the Lord Chief Baron)
was of opinion that the plaintiff was not entitled to
maintain this action.
Mr. Justice Hawkins concurred.
Judgment for the company accordingly.

[From Punch.]
'ARRY ON THE 'IGHER EDUCATION
OF WOMEN.
DEAR CHARLIE,
I In down in the doldrums; bin bladed, my boy, and no kid.
Never thought to be bowled out so clean by a petticoat,
blowed if I did.
Me as done the Don Juan permhkes, a Ladies' Man down to
the ground,
Who could boast of as many bun four tunes as any big Swell
knocking round
You remeMber my mentioning Loo, 'er as fadded on pictures
and that I
Well, I wasn't much took with the Lady at lust, thought her
rayther a flat;
But, yer see, toddlin' round with a gal always leads to the
old sort o' lunes,
And, by the time she was ready for home, I began to feel

precious like spoons. - -
Thinks I—" She has bees in 'er bonnet, oi that there is not
- the least doubt,
But when she is once fairly splieed, all that nonsense can
soon be knocked out.
She is pooty, her gaffer 'a got tin—mine 's dead nuts on the
notion. Here goes ! '
Yu, that 'a jest 'ow / argued the matter, and that 's 'ow
I came to perpose.
I felt certain she 'd jumped at me, Charlie—pops only come
once in a while—
But she opens her optics, and skews her pink lips in a rum
sort of smile.
"Why, 'Arry," she sez, "I shan't suit you; a barmaid is
more in your way;
I haven't a taste you can share,- and can't understand half
what you say."
I thought she was larking, in course, and so tipping my
knowingest wink,
Tried a kiss—but it didn't come off; s'help me, Charlie, the
gal seemed to shrink,
Jest as if I was something unpleasant, —me, Charlie, the
pet o' the fair,
With my handkercher smothered in musk, and fresh lemon-
pommade on my 'air.
Yns, she give me the mitten; and why? Jest becos—se I
learnt from my dad—
I was not educated enough, but too much of the loud
Cockney Cad;
Hadn't neither good sense nor good feeling, was spoilt by
cheap scorn and low slang,
And—but there, that's enough of 'er rot. I 'ave done with
'er—let 'er go 'ang.
Redikulus, my boy, ain't it? And no doubt you'll be tempted
to larf ;
But I tell you, dear boy, these 'ere women is getting too
uppish by art.
Education's the cuss o' these times; real smartness gits
shoved to the wall;
And if gals is to go in for learning, toe soon shan't be in it at
all.
Education? Yahbah ! What the doose do Ice want with yer
Science and Art?
The right thing to do with a kid is to bring him up leary and

smart.
U a chap knows his way about town, and can balance his
betting-book well,
Mathematticks and Jo
and the Swell. graphy 's rot he may leave to the Sap
As.for gals, too much knowledge jest spiles 'em. You teach
a mere moke Park-'ack paces,
And then put the brute in a barrer ; it's bound to kick over
the. traces.
And se, if we men let the women go stuffin' their brain-pans,
you'll see
They'll round on us, Charlie, they'll round on us, jest as
that Loo did on me.
I see it a comin', my pippin, yer Girtons, and Art Schools,
and such,
Teach the women to take the men's measure, and that 's jest
a trifle too much.
Education has spiled all our servants, and now if our sisters
and wives
Gets too fine for the fireside and faggln' we shan't have no
peace of our lives.
/ don't want a wife as can paint, or pick 'oles in my grammar;
no fear!
But one as can bile a pertater and keep in her own proper
spheer.
A gal as 'till larf at my jokes and look up to me. Yes, V.'
arry,
It shan't be a Loo by a long way oonfound her
Yours shirtily, 'ARRY.