The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1884-03-29 00:00:00

COUNTY COURT

CLAIM FOR DAMAGES Samuel Round, tailor
and publican, Lye, brought an action ageind the
Great Western Railway Company for £5O damages
caused by defendants' servants alleged neglect, On
24th December.—Mr. W. Waldron was tor the
plaintiff and
,the Hon. A.. Lyttelton, instructed by
Mr. R. Nelson, was for the defendants.—Plaiutiff
said heiwent by the 5-58 train from Dudley to
Stourbridge on the 24th December. he train at
Round Oak station overshot the platform and was
suddenly stopped, the result being that a basket
which was on the rack was threwn off. The basket
bounced from one side of the carriage and rebounded
and fell on h's ltg. The basket dropped about
3or 4 inches below the knee. He believed it was
from. Bto 101 b weight. His leg was broken and
bleeding and another man was cut on the head.
He called on Dr. Macilwrathe. He was unable to
attend to his business for 5 weeks. The train was
late in starting.. Cross-examined by Mr. Lyttelton:
He was assisted by his servant and his wife in the
public-house. He did not have anybody to help
him in his tailoring. He told Davis that it had
hurt him. He did not threaten to enter an action
against Davis. He did not make any complaint to
any of the railway servants until he got to Stour-
bridge. He did not blame Mr. Davis for the
hamper falling off the rack. He did not notice the
brakes put on a quarter of a mile before they got
to the station. There were seven or eight persons
in the carriage. They did not make any com-
plaints against Davis George Henry Davis, Shef-
field, glass engraver, said that on the above date he
was coming to Brettell Lane. He had a hamper
which contained 4 glass bottles, 2 pairs of razors,
and a couple of knives. The weight would be about
Bor 10 lbs. He did not think it would be more,
He placed the basket on the rack. He remembered
Round getting in the carriage at Dudley, and the
basket was on the rz.ck. Witness was first or
second to get in the carriage. The train was from
10 to 20 minutes late. The train when it got to
Round Oak overshot the platform, and
then went back to the station. He saw the btsket
thrown off the rack and fall on Round'sl eg. By
Mr. Lyttelton : Th?re were several other parcels
on the rack. He could not say whether they were
as large as the basket which fell off. He received
a letter from Mr. Waldron about February. The
case was non-suited not to bar.
CARTWRIGHT AND PARKES V THE BRITANNIA FLOUR
MILL CO.—This was an action for -215 for damages
done to a horse and trap, Mr. Homfray was for
the p aintiff, and Mr. Tanner for the defendants.
Charles Bell, manager, said that on the 15th of
December he was driving a pony and spring cart to
Birmingham. lie reached the Red Lion, Quinton,
and when he saw the miller's wagon was in the
way and he shouted for him to get out of the way
but he took no notice, The man kept slaking the
whip and coming on. When he got close to the
wagon the axle ogthe trap was broken and the wheel
rose off. There was a little boy in the trap with
him who was thrown out. He, the witu. as, had
been lame ever since. Hs had about 18 cwt. in the
trap. He had to go back home end fetch another
conveyance and then it was too late to go to Bir-
mingham. The horse he was driving was nearly 6
sears of age. He had never had an accident The
horse had since broken the trap. Croos-examined
by Mr. Tanner: The wagon was not standing still
when he saw them. The wagoner did not go to the
horse's head but remained on the footroad. The
first wheel did not catch the trap, but the second
did and turned the trap round on to the crate!) of
the wagon. Henry James, Birmingham Road,
Halesosven, said he saw an accident occur between
the tap and the wagon. He was standing on his
doorstep smoking his pipe He saw the miller's
wan slaking his whip on the foApath. He heard
someone call out, and he ran down the steps and
saw the accident, There was a little boy in Vee
trap and he was thrown out, and he had him in his
house. Defendant's man was on the wrong side of
the road for driving. He did not see the wagoner
run to the horse's head. Cross-examined : He
did not see the wagon standing still. He measured
the room the trap had and it was a little over 6 feet.
Richard Barley said that he met the wagon by the
Beech Lane. From something said to him he went
back and found Mr. Parkes' trap with one wheel off.
He measured the raad and found it Ilft. wide. He
saw the tracks of the wagon wheel and he measured
:he track mark from the wail, and found it 5 fret
6 inches. George Benjamin Parki.s end I that on the
day of the accident he had to zieLd another emit
Had to pay £2.5s Cid to have Ulu cart repaired.
The loss of time end expenses would le £1 5s 2d.,
and for the man's time £l. His horse used to be a
very quiet one, but nowiee was very restive. For
the defence, James Seal said that he had 30 sacks or
flour on his wagon and had 3 horses in the wagon.
He stopped at the bottom of the Quinton Hill to
allow toe horses to wind. The trap passed the
first wheel and caught the second. The trap then
went about 10 yards and the wheel came off. He
was close to his horse. He would not swear whether
he was on the footpath or road as the path was
very close to the rue). Thomas Seal said h was
riding on the wagon on the day in question and he
remembered the accilent takieg place. lie Was
etaudieg s ill. rle remembered e cart coming
into them. Mr. Tanner then addressed tl e Jury
fer the detence and Mr, Hatnfr.ly for the pi i,,tiff.
His Honour Laid the ony difficulty they wool
hive would be filo question of damages. The jury
funnel a verdiet for plaintiff, darnel; s
Hewr rr it, flowirr —1 his was an acti in in
Inch Sarah Hewitt sued Josep% liewi t for
forceable entry and removal of furniture. Mr.
Hornfrey appeared for plaintiff and Mr. Waldron
for defendant.—Sarah ilevkitt said she was in the
home and when unlocking the door the man
rushed in and caught her round the waist, and
called for P.S. ltaybuuld. They took some
furniture. She ieceived such a fight that she had
to get a doctor. His Honour said all he could do
for them was to stri'ee the case out and save half
the hearing fee.
RUNNING Bows w,s an action by
William Hart to zeceer the sum ei £lO 10s. 01
from Saratijeayne. 1r Homfray speeared fur the
plaintiff and Mr. Waldron for the delendent.—Win.
Hart said on the 20th December he was driving
down High Street, lialesowen, with his wife and
child, in a spring trap, Felix Payne was driving a
trap and is came into collision with his, throwing
him (witness), his wife and child into the road.
He was on his proper side. He did all he could to
avert the co.lisiou. There was a police-constable
present and he had hold of the pony's held.
He had paid 12s. 6d. for the trap to he
repaired, and .21 3s. 6d. for the doctor's fee. His
pony was also injured.—P.C. Mode was called and
said he saw the accident take place, mid he saw