The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1876-03-14 00:00:00

WESTERN RAILWAY COMPANY.

At the Crewkerne County-court (before Mr. T. E. P.
Lefroy' judge), Mr. William Newberry, a cattle dealer,
brou6t an action against the London and South Western
Railway Company to recover C 22 damages, sustained
through the loss of the Metropolitan market —Mr. J. H.
Jolliffe, solicitor, appeared for the plaintiff, and the Hon.
Mr. Cuff, barriater, for the company.—lt will be recol-
lected that in October last an accident occurred to a
luggage train near the Teruplecombe Station. Trucks
were thrown about the main line, which wan tore up for a
considerable distance, and the through traffic delayed.
Mr. Newberry, on the evening of the 27th October.
consigned nine cattle front Axminster station and three
cattle and thirty sheep from Crewkerne Station for the
Metropolitan Market. The train usually arrived at Nine
Elms Station shortly after three o'clock in the morning.
in time for stock to be unloaded and driven to Islington
Market. Owing to the accident the train did not reach
Nine Elms until half mast eleven on Thursday morning.
the 2Sth October, and consequently the market was Inst.
The cattle and sheep had to be held over until the
Monday following, when their value was considerable
reduced, and they were sold at a loss Mr. Newberry
claimed .C 1 a head loss upon the cattle, at Is, a head upon
the sheep. The company resisted the claim on the ground
that they were not responsible in consequence of the
delay being caused by a pure accident. The plaintiff sent
on the cattle and sheep upon an express condition that
the company would not be liable for any damage resulting
from loss of market, and that a condition was signed by
the plaintiff's agent. —Mr. Jolliffe, for the plaintiff, sub-
mitted that the condition was an unreasonable one, and
contended that the delay was attributable to Ono
negligence on the part of the company.—Mr. Cuff said
that the accident at Teniplecombe was occasioned by the
breaking of the axle of the driving wheel of the engine,
over which no one could have any control—His Homier
said that gross negligence could not be alleged in a case of
defect which no human foresight could prevent —Mr
Jolliffe cited several cases in !support, and gnoted the
decisions of Mr. Justice Brett, Mr. Justice Wales. and
Mr. Justice Cresswell upon the point When the cattle
arrived at Yeovil Junction Mr. Wheadon, a cattle dealer,
who was in charge, asked Mr Maunder. the suPerinte°'
dent, if they were likely to catch the market. Mr.
Maunder thought not; but subsequently said that he had
received instructions to send on the goods. The cattle
and sheep were accordingly forwarded rid Somerset and
Dorset Railway to London.—His Honour considered that
the plaintiff had not established his case. The condition
that the company would not be liable for damage
sustained by lass of market was a reasonable one, and he
should nonsuit the plaintiff.—Mr. Jolldie said that the
decision would be appealed against.

THROAT planeTlON.—The throat and windpipe ere
especially liable to inflammation. causing soreness sod
dryness, tickling and irritation, inducing cough. 10
affecting the voice. For these symptoms use glycerine in
the form of Jujubes. Glycerine in these agreeable o°°:
teethes, being in proximity to the glands at the moosel
they are excited by the act of sucking. becomes active/
healin tkl. and Is. boxes (by post 14 stamps/.
mashed "Janes Erre & Co., Honiceopathic Chemists._
Threadneedle Street, and 170, Picadilly, London."—Selo
Weymouth by J. V. WiLLieem Chemist, a St. Anima
Row
Tug Bruc-sllnsc ILtins.—On Saturday the effects of
the Ista Mr. Thomas Winter, of Taneriffe-park. Booby*
ham, were sold by suction. Extraordinary prices wee.
realised, the competition being particularly keea for the
possession of Sevres china. A pair of vases 18 inches
fell to the bid of the agent of the Earl of Dudley for 1%
Three others were purclused for £5.080 for the
Men Portland, and • very fine dessert service in shoal
cabinet inlaid with Sevres plaques was for
Louise and Co. for 4;4,500. A pauiting tLmiallßeells_ol
ER. Mark's Venice,scLeossardo da Vieri, fetched Ain
and • Raman of white milk In du=
Tatialk tamest day's mak rsidissd