The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1878-04-16 00:00:00

SINDING LITZ TITILKITI BY 111AILWAY.

George Omen V. Leaden anti So 'Woofers hailway
oas y w a claim
for Cll Re dimness by the deaths
fir.drive turkeys conarned to plaintiff, and wet by rail-
way, and deproilation of 56 other turkey. at 2.. each on
the accrue—Mr. Howard appeared for Mr. Green, who
I. the well known poulterer Weymouth. and Mr.
Arbuthnot. berrister. appeared or toe Railway' Company,
instructed by Mr. 11.11, their law clerk—Ur. Howard
first procured that all the 'timeless be mot out of Court,
and also stated that his client was • great invalid, and
suffered from aneurism of the heart. Mr. Green wee
allayed to sit while giviog his evidence—Mr. Howard
stated that plaintiff last year bought about 70 take, s of
Mr. Buddeit, Coombe Keane., which were to be delivered
for the Chnstmaa market. At Wool station they were
put into an ordinary goods truck, cowered with a
tarpaulin, and in consequence of their not getting
enough air to breathe, a number of them died, and others
were damaged. He was surprised at the London and
South•Weetern Railway Company disputing the liability,
although it was the practice of some companies to disputa
anal cm*, but reell7 there was an defence here that he
•tald conceive, for the Company had actually paid El Ba,
into court, thus admitting the liebility and if it was
admitted in pert of the came, it existed in all Theta had
also been an otter made without prejudice of a certain
sum —Mr. Arbuthnot replied that the defendant refused
to receive lite dead turkeys, and left them on the
company's hands, when they sold then, for .81 Be which
they were bound to pay into Court. The liability wss
not admitted at all, and as to the offer "without
prejudice, it would not encourage offers to settle without
prejudice, if they were mentioned before the trial of the
we. Of course, it would not matter with a Jodie ; but
with • jury it would not do at AIL —TheJudge asked what
was the meanine of the damages to the turkeys who were
not killed, and plaintiff explained that owing to the way
in which they were carried so that they did not get
enough sir, they did not die a proper colour at all, and
had to be sold cite iper ; 91 lON was *bout the avenue be
believed.—Mr. Arbuthnot would like to see the gentleman
who made the contract —ln answer to the Judge, plain•
tiff mid he bought them of Mr George Bariden, and they
were tube delivered to his (plaintiff's> door ; but he pad
the carriage.—The Judge : They were St the risk of the
consignors—Mr. Howard would ask under one of the
regulations for the name of the consignor to be added in
the surantone—Mr. Arbuthnot said the principal point
wee not that of consignor or consignee—In answer
to the Judge, Mr. Green said the turkers dams in • low
corn truck, instead of • high cattle truck, they were
bruised, fell upon each other, and could not drew their
hreath.—By Kr. Arbuthnot: A message came to him after
three: but he did not go up tills': to the station ; because
he thought they would be in • proper truck. Did net
know the also of the truck in which they came ; did not
see it,or know whether there was • large hole in tarpaulin,
sin ventilating holes in the sides of the truck. The
turkeys were heated front not being able to draw their
heath. Rad not heard whether the company said they
ought to have been put in crates. They are too clever to
get on each other. Had hit a truck from the South
Western last Christmas twelvemonth, and would rather
have turkey. in • loose truck. —By Mr Howard : Ifs few
turkeys were ant together they might come in crates;
but not 70 turkeys. Had heard one turkey was hang up
dead in the truck, having met with an accident, but did
not know bow that happened. —Jolliffe jun., remembered
• lot of turkeys coming just before Christmas, went to the
station, threw bark the tarpaulin, and found • lot of them
all one on each other, some dead, and some ,dying, some
were stifl-d. The truck was • long goods trdtk, perhape
if t, or 51t high at the side., the sides covehd by the
tarpaulin, and the mane of ventilating was • bole in the
corner of the sheet, only a straight rent, on the side
opposite from that where the turkeys were. There mieht
have been six boles at the sides of the truck. The
turkeys were huddled up, one on each other.
Had never eau turkeys sent loose like that
they were generally sent in mates If they were
loose they must have something on the top, or they
would have it away.—Mr. Arbuthnot said the
consignor wee warmed that he mut put the turkeys In
errata.- In answer to Mr. Howard, the witness could not
my bow many turkeys would come in an mdlnarf lined
crate. These turkeys were exhausted under the tarpaulin,
and when they got into the open air, they rallied. The
atmosphere in the truck was quite close, and he got wet
through with perspiration.—By Mr. Arbuthnot: That
might come from their getting on each other—Mr.
Sudden was called, and said he sold 76 turkeys to Mr.
Green, and sent them off all right but one which was hurt
with • knock and put in dead. He hail gone to the
station, and arranged with the stationmaster a few days
before for • truck to send some turkeys to Weymouth ;he
expected • cattle truck. He told the stationmaster two
or three days before, that be wanted to send • lame
number-70 Or 81 turkeys—to Weymouth. Nothing
whatever was said about crates: it was not Buzz:Med in
any way. If turkeys are sent alive, they are sent in this
grey; but, if dead, in hampers. The same effect would
not he produced by their treadles one upon another,
anything fat requires more air than what is lean. Would
not pledge his oath that. so • rule, turkeys were mat like
thin; it wise he believed the first time be hat sent them
like this: they genera& sent them in waggons with
hurdles around them. Then they could send them four
time as thick as those in the truck, before this
he had sent • little cart and a wanton with 80.
The mistake was that they were sent with a tarpaulin
which excluded air. Is • cattle truck they would not
have received the slightat harm—By Mr. Arbuthnot;
Had not read the notice stuck up In the station--statins
"the company are not, sad will not be, common starriers
of live poultry, and will aot he responsible for any damage
other than by neglect of the company'. eervnnje.-._
William Stevens, carter for Mr. Bidden, took the turkeys
to Wool railway station, and one elm Injured in loading;
with that exception all were delivered at the station in
good condition. Witness had nothing to do with selecting
• trick. nor did be object ta the trunk.—By Mr. Arbuth-
not: Young Mr. Budden said something about the
covering down with the tarpaulin being • little too hot :
they thought it would be • littl e too warm, it was • warm
day end the sun was shining un the tarpaulin.- Mr.
Arbuthnot said the company would not come down to
fight e case for • few guinea.: but they felt it wee a
question of principle, and they ought not to be liable. In
many awes it we, held that where live animals had
injured themselves by their natural qualities the company
was not liable. In this case, Mr. Sudden, Jun., came the
day before to the station about sending turkeys, and they
were told they must be sent In crates. Mr. Budden
replied—" Oh I that will take too many; they must go in
a track," they saw the truck, to which they made no
objection. except what they waived, and therefore the
sender, and not the compeer,.
_were liable The birds took
In travelling front 19 ti 3 o clock, it being a goods train,
they were much alarmed, and got one upon one another and
suffocated each other, but if the senders chose to them
such an unusual way, they were liable. The company
mold not avoid the damage in any reasonable way.—
Id ward Tinsley, station agent, Wool. on 17th December
sap young Mr Sudden, who told hlm • consignment of
turkeys was coming next day, when witness suggested
they should be put into crates; but Mr Budden said it
would lake a great many the, most go in • wawa, and
be put than in • long goods truck. It is the ordinary
way to send turkeys in crate., not in this loose way,
running about ea in the yard.—By Mr Howard: The truck ,
had been got ready • Mr Sudden had given him notice the '
day before; but witness had not got it ready expressly
for the turkeys, Half the tarpaulin was over the truck
before the torkeys were put in, and it was put on, and
tied mac. Had never sent turkeys to inch a way before.
Gunnies, hooking clerk at Bagahot station, was present
when Mr Budden spoke to Mr Tinsley about the turkey!:
but Mr Tinsley said they ought to have crates Mr
Budden replied that it would take too many they must
go in • waiffion--Thoe Z. Whiting. Porter at Wool
station, was present, and Mr Tinsley asked Mr Sudden
whether he would not send some one Toth them, but he
refused. They got up on each citer rout deep, before
they left the station. Witata went once and turned them
back, and Mr Bodden's man turned them back another
time; but Kr Sudden would not and anyone with them.
Did not hear anything said about the truck and tat paulin
being too hot —B Mr Howard: The tarpaulin was
lashed down all the way round. Did not believe there
was any empty truck at the station.—Mr Tinsley was
r,'caloeml, and said be suggested Mr Budden or his man
should go In the t*keerp the turkeys from train/-
Sadden intuited. —Gomm
theirt, ,t k trut M
ins ll holes in the truck about an
Inch in diameter. When the turkeys mate they first
found one hanging up by his fast, and all the rest were
huddled up in scorner some four deep. Witness sent to
Mr Green that the turkeys had an lead. and. meantime put
the turkeys into crate.; but Mr Green did not come up
till between Band Bin the evening. Poultry ought to be
sent in crate.; had had 15 years' experience and did not
know of turkeys being sent in tbis way before.—The
Judge: How were they supplied with air :—Witness
With the 12 holm your honour.—Mr. Howard Some-
thing like the Black Hole of Calcutta. 11.11 honour.—ln
lamer to Mr. Howard Jail's"s coat wits wet, owing to
the beat of the atmosphere front the turkeys.—By 'Mr.
Arbuthnot: The damaged turkeys were those in the lower
layer.—The learned counsel urged that the I
from e turkeys being sent loose in the truckd= 1110811
the 17ettItin
one on another. so they trampled each other down.
Therefore the company strengthened by the fact that Mr.
Sudden and his man stood by and saw the method of
leading. When • shipowner stood by and saw the method
of loaffing, and the serge was damaged, thee it wee held
the camera were not liable. The whets damage arose
from the way in which the turkeys were put into the
truck—The Judge held the company were HAUL kny
man of common sense mast have known they could not
have sufficient air, and that agoods truck was not • proper
mode of commutes It wee impossible the creatures
could lire there long, and the attention of the company's
servanto was called to the uselessness of the tarpaulin and
truck. The company might have refused to carry the
birds without crates; but as they did accept them to
mai, they were booed to do as in a proper way. It wee
the want of air that destroyed them.—Judgment for
*Laid for the full amount. with MOIL

SUPPOSED ATTEMPT TO COMMIT SUICIDE
On dosorday, about balf-put six, as two men named
stockdog sod George White were on the Peseta...a...dd.
going to their work, their attention was drawn by a
(sooting and splaahing sound in a :Iwo* • tow mania out-
side the borough boundary, and on looting into the sluice
they saw a WOlnna lying down in the water. partially
booood up by her clothe.. Swatting had been ill and
hiking medicine for some time pad. and was afraid to go
into the water. atbLip. Whina after a short hod
dad, jumped in and out the woman, who woo found
to be Mn Eliza Rogers. who formerly Maps mo
Fountain Rotel, Weymouth, sad lute Lately been lisiog
at No. 10. Bronswiek•buildinzes,She eras conveyed to the
Weymouth Royal Haapital, under the kind sopo of
the medinal .408111 and matron. Rm. Mortimer, du
resomrod. The slake was shoat Ft, deep from aho kod
of the ground, and about I t, ein. of water in it at the
Sm.; an umbrella wasteland by the side. The ear was
lakes tes by Superintendent Beaty_ and Sargesnt
and k was Weeded lo cause Kra Recess Ware the
Oseal/ Mai=s es Mewske saemisig Ist& alikwapelai
le esokslt