The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-05-15 00:00:00

pcal an istrict Pius.

COUNTY COURT.

Boirrn.—At the County Court held
on Thursday last, Wore F. Dinsdale, Esq.,
Judgo, Ws was an action to recover the sum of
12. a 7d, for damage done to a boat. Mr.
Shakespeare Appeared for the plaintiff, and Mr.
Stokes for the defendant.
Mr. Shakespeare, in opening, said that plain-
tiff wee a brickmaker. residing at Oldbury, and
the defendant is a proprietor of fire-clay works
at Bretton Lane. In the 'south of September
last the plaintiff sent a boat to the defendant to
be loaded with clay. The boat was improperly
loaded, being loaded at both ends instead of iu
th't middle. Plaintiff had sustained a serious
loss, but had only sued for the amount paid for
the repairing of the boat. If he proved the case
he should ask his Honour for a verdict.

Josepi Griliths said he was a ho it steerer to
Messrs. Sadler. le the month of September he
took a boat to the defendant, to be loaded wills
firs-clay. When it was loaded he went to fetch
it back to his wharf. When he took the boat it
was as good as new • when he went to fetch it
back he found it Bill' of water, and loaded with
c:ay—ten tons of which was at one end of the
b )at, nine tons at the other, and two in the
middle. That was sufficient to destroy any boat.
H pointed out to Mr. Bowen the damage done,
and told him it was a £2O job for him.
William Simpson, coal dealer, proved that he
sax a boat being loaded with fire-clay in Septetn-
be: last, by Mr. Bowen's mon. He told the men
th it they were breaking the boat through. In a
day or two after he saw the last witness with the
boat in his possession, on his way to Oldbury.
John Whitehouse, coal dealer, said he knew
. . .

the boat in question (No. 91, au'd it was a boat
that he would have given £.75 for. Had since
seen the boat, which has been strained by being
'innroverly loaded at both ends..
-.- . .

thit Sa'dler, boat builder, said he helped to
bail,' the boat in question in November 1865,
and it was as good a boat as was ever built. It
cost .00. Had since examined the boat, which
has given way in several places, and leaks. The
boat was built extra strong for the purpose of
carrying fire-clay. Had since repaired the boat,
and the charge was moderate.
Henry Dixon gave corroborative evidence.
_ .

James Sadler, one of the firm, said the boat
was built in 186.5, and they paid £B7 15s for it:
it being as strong a boat as could be built. It
was in a perfect state when he sent it to the de-
fendant for some fire-clay. When the boat Caine
home it leaked, and the middle of the boat was
thrown up, and the two ends drooped; which
was caused by the boat being loaded at the two
ends instead of their putting it in equal pan-
titins.
Mr. Stokes addressed his Honour for the de-
fendant, contending that the boat leaked when it
was sent to him, and that he was not legally
liable; and asked his Honour to give a nonsuit.
He called a man named Jones, who said that he
gmiged the boat on July '27, INS. It leaked
very badly, and he guag,ed the boat several times
prior to that, and found it leaking to that extent
that it had to be seoped.—This witness was se-
verely cross-examined, and gave many of his
answers in such an impertinent that he was cau-
tioned by the Judge.
Thomas Kensell said be worked for the de-
fendant, and denied they complained to him of
the boat.

.Taines Bowen, son of defendant, said the boat
came to their works in September, 186 S, and it
leaked very badly—On cross-examination this
witness admitted that the steerer complained of
the way in which the boat was loaded, and said
it would he a £2O job. Several other witnesses
were examined; after which

His Honour' summed np, and said the real
question was whether the boat was in the same
condition when she got back as when she left
the plaintiffa'. He saw no reason to doubt what
Simpson had said. He saw the state the boat