The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1885-12-19 00:00:00

goal aitb fflistfut esays.

DAMAGES UNDER THE EMPLOYERS'

LIABILITY ACT.

At the Stourbridee County Court, on Wednesday
—before Mr. J. Amphlett (deputy judge) and a
jury—a case un ter the above act was called on in
which Zieni Skelding, a bricklayer's labourer, was
plaintlff, , and Weirs.. Dorse and Sons, contract° s,
of Cradley heath, the defendants. Mr. Waldren
.ppeared for the plaintiff, and Mr. Colbeek for the
defendants.
The plaintiff had lost a leg by the accident which
formed the subject of the action, and he came iato
the box on crutches. He said he had bee!) in de-
, fettdants' employ over eight years. and on July 23
Was working for them at a chapel they were erect-
ing at Sinethwick. Witness and two other men.
named Edwards and Brown, were pulling up a pole
flow the ground when the cro:s pole on which they
were standing broke through. Witness fell a dis-
tance of fifty feet to the ground, and his leg was
smashed. He was taken to the General Hospital
Birmingham, and his leg was taken off in c,nse-
quence of the accident. His head was also injured
by the fall He used to earn a pound a week, and
should be unable to follow his occupation again.
Plaintiff said the poles in the scaffolding had been
in use three 3r four years. The pole that broke
must have been tender. Cross-examined : His
wages tiled to be 4111 per hour. In the three
months beftre the accident he would be making
about forty two hours per week. He understood
scaffolding a little, and had erected many a scaffold-
ing. This particular scaffold was erected about
three or four days before the accident. Brown,
Edwards, and himself put it up. Ed-rarde ohcee
the poles for the scaffold. No person could have
found this pole that broke was a bad one by look-
ing at it. He did not know the pole by looking at
it. lie did not know the pole came from Messrs.
.kdant, of Gloucester, two years ago. Mr. Dorse
was co ti:ere on the day of tne accident. Mr. Wal-
dron asked if Edward' was the foreman, and wit-
ness said he was.

Mr. Colbeck objected that Mr. Waldron was put-
ting words into witness's mouth.
Witness, replying to another question, said he
WAS bound to conform to Edwards's orders.
Jos. Edwards said he worked for defendants at
the time of the accident, and he was blicklayer ma n •
aging the job. Plaint iff.was under his command when
the master was not there. It was witness's duty to
test the scaffolding-pole before it was used. lie
did so by picking it up at one cud and shaking it,
plaintiff the other end. That was the way they
generally tried the poles. It was an old pole, with
scri,•:k or two in it. It was not sufficient for the
job, but they had not another. He told youag Mr.
Dom they had not enough scaffolding, and he said
he wanted the scaffolding away for another job,
and they were to take what they wanted from round
the building. He was not in the employ of Messrs.
Dorse now. Witness was on the middle of the pole
when it broke, and plaintiff and another man at the
end. The pole snapped, because it was not good
enough. It was rotten. ' 3
ri Cross-examined: lie was foreman at this job.
1 Ells wages were 60 an hoar. Biic'klayers ;earned
did and 7d up to Bd, but he was only just out of his
time. Asked if he should not consider it small pay
for a foreman to get less than other brieklayers,
witness said people must first creep and then walk,
PI clutiff was bound to conform to witness's orders
A. man might please himielf whether he obeyed
him or not, Skelding did what he told him, and
Idid so on this particulsr day. He could hav
got poles from another scaffolding, but he did not
want te disturb it.
Joseph Brown, another man engaged at the work,
was also examinod. _ .

Mr. Colbeck contended that negligence ha4l
neither been established against defendants or Ed-
wards. All these men were working together, ani
they could not discover any defect in the poles they
wore using. Edwards told Ms. Dorse they had not
enough scaffolding, and was told to take some from
round the building. Edwards was a foreman, and
did not come within the meaning of the Act: as a
person having superintendence at the work.
His Honour thought there was a case to go to
the jury, and Mr. Colbeck then addressed himself
to the evidence, putting it to the Court that Or
.plaintiff had not made out his case.
Mr. Dame, jun., was called, and said that Ed-
wards was not a foreman, but only an ordinary
bricklayer, and he received the wages of a medium.
class man. He received no complamt that this pole
was defective or unsafe, and his attention was never
drawn to it. Edwards complained of being short
of planks, and he told him where to get some.
After his Honour had summed up. the jury le.
turned a vordiot for th• plaintiff fnr .27& el.sta
were eertilied on the higher scale.

The veteran author of "Box and Cox "—Mr.
&faddism Morton—is about to gratify the lovers of
Private Theatricals all the world over, He has
written a series of six New Home Plays, which will
appear monthly in "London Society." The first
will come out :before Christmas in the January
number, and the title is "First come, first served."
To satisfy numerous inquiries, we are requested
by Messrs. Crosby, Lockwood & Co. to state that
Mr. Alexander Watt's new work on Electre-Deposi-
tion, which is now nearly through the press, will be
ready for publication in the early part of next
=Oho _ ele-1023
DEATH Or A MA.OISTRATI.-.The death is announced
ef Mr. George Arkle, one of the magistrates for the
city of Liverpool, at his residence, Stonrton Castle,
Stourbridge. Mr. Arkle, who was put on the corn.
mission of the peace in 1874, was for mony years
connected with a prominent Liverpool banking
gens. He was seventy one-years of age. At he
Liverpool Polies Court, on MondasP, feeling re-
ferences were made to the death of Mr. Arkle.
I POST OFFICE.—On Monday, the 21st December
at 2 p.m. the business of the Post Office will be re-
moved to the new premises in High Street.
Demount:4lm At the Magistrates' Office, on
Wednesday, before Mr. T. D. Thomas, Maey Fox,
Blakedown, was charged with being drunk and in-
capable, and was fined be and costs. P.C. Moore
proved the cue.—At the Police Court yesterday,
before Messrs. T. D, Thomas, and A. Freer, Jere-
miah Timmins was charged with being drunk in
Angel Street, on Saturday night, the 12th inst.
P.C. Farley proved the case. Fined 20 6d and
costs —Martha Parsons was charged with being
drunk at the Lye, on the 11th inst. P.C. Jones
proved the case. Mary Hart was called for the
defence. P.S. Cope proved two previous convic-
tions. Defendant was fined bs and costs.—Thomas
Mallen was charged with being drunk at the Lye,
on the lath inst. P.C. Stone proved the case.
Fined 2. 6dlanti costs.—Elijah Homer, Brettell Lane
was charged with being drunk on the 14th into, at
Cradley. P.C. Davies said he saw defendant drunk
on the above date at about 10.30. A witness was
called who said he saw defendant reeling about the
road and appeared very drunk. Defendant was
put in the witness box and said he came up the pit
at about half-past four and waited till half-past
five viten he wa paid. He then went home to
Brettell Lane, and never went outside his h suse
after seven o'clock. Mary Elizabeth Homer, Eliza-
beth Homer, daughter andiwife of defendant, were
called in support of this statement. Mr. Thomas
said defendant's witnesses had not done him much
good, and he would be fined 10d including costs.—
Henry Darby was chareel with being drunk on
the 14th haat, in Victoria S;reet. P.S. Chute
proved the case. Fined 2s 64 and costs.—Jan
Stevens was charged with being drunk oe the Ist
inst. P.C. Webb proved the cast aud also ZO pre-
vious convictions. Fined les and costs.—Richard
McDonald was charged with being drunk on the Ist
inst. P.C. Webb proved the lease, and else two
previous convic:ions. Fined 5s and coots.--George
Haycock was charged with being drunk on the 12th
inst, at the Lye. P.C. Langston° proved the case
Fined 28 tki and costa—James Brett was charged
with being disonlerly on the 12th inst. The case
was adjourned for 6 da)s.—Stenusl Fletel,ee was
charged with being tlisordetly and refusine to quit
the New Inn, Lye, on the 12th lust. The landlord
gave evidence. The case was adjourned for 6 days.
CAUTION TO CARTERS. Reuben Andrews was
charged with riding on the shafts of a cart without
haviug any reins. The case was withdrawn on
payment of 3s 6d.
CArTION TO BICYCLISTS. John Hickman was
charged with riding a bicycle on the footpath at
Cr,dley —P.C. Davies said that on the 9th instant
he saw the defendant riding his bicycle on the foot-
path from the Iron Bridge to the Maypole Inn. The
case was adjourned for 6 days.
APPLICATIONS.—Eight applications were made by
publicans in the town and district for extension of
hours during Christmas week. Five were granted
and the others refused,
DAMAGING HoLLy Tarn. Themes Bennett
(14), Joseph Pope (14), Levi Willett* (15), and Win.
Clarke (16) 'rem charged with damaging a holly
tr• e, the propeity of Mr. Jeston Homfray, and doing
damage to :he amount of 6d.—P.C. Davies said from
infermation received he watched the trees. Ile
saw the defendants come along the road. He saw
Pepe heave Bennett up on the top of a wall, and he
bough off. The other two went behind a wall and
cara• bark with some holly. They each had holly
in their hands. Defeudsnts were fined 311 63 each
and ed damage.
RATE CAass.—Benjamin Stun:ley Reybould Was
summoned for non-payment a an Improvement
Rate and a General District Rate. Mr. James
blinds defended. Mr. Hinds said his client Was
quite agreeable to pay the General District Rate,
but he took °bleak% to the Improves:mit Bate.

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