The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-02-19 00:00:00

COUNTY COURT.

Stereos v. Roper.—At the Connty Court, on Wednes-
day last, before F. Dined&le, Esq., Judge, the above case
was heard. The parties lived at Colley Gate, and the bill
was filed by plaintiff, who is a publican, against his father-
in•law, to compel him to complete the sale of two houses
which plaintiff had purchased for £7o.—Mr. Godson (in•
structed by Mr. Homer) appeared for the pl,iintilf ; nod
Mr. Motteram (instructed by Messrs. thintray and flol-
berton, appeared for tine defendant. Mr. Homer and his
gardener were called to prove the agreement, and the
defendant and his son were called to prove that in addi-
tion to tine £7O the plaintiff had agreed to provide the
defendant, who is an old man, with a living for the rest
of his life, and that at the time tine contract was entered
into the defendant was incapable of attending to busi-
ness. Defendant's SOW, however, admitted in answer to
• quostion by Mn. Godson, that although &blatant was
unable and did not know what lie Was doing wile!, he sold
the two houses to plaintiff, yet he was perfectly rational
when he sohl him the White Lion and two other houses
two days before. The Judge, at this point, stopped the
ease, and gave a verdict in faveur of plaintiff; but re.
'rived the question of costs wail noel Court day.

&SOMAS ACTIO:4.--JUSY CARR.— Haiicocho v. Rielp.
arthom, IVlvtaionse. mod Telvall.—At the C..nuty Court.
Ott Thursday last, before Mr. Godson, Deputy-Judge, this
was an action to lect.ver the sum of £2OO, for injuries
received by the plaintiff through the alleged negl.gence
of the defendants, in April lost.
Mr. Prior. sol.citor, of Kidderminster, apperred for
the plaintiff. Mr. Young. of the Oxford Circuit (in•
r.trueted by Messrs. Freer said Perry), appeared for
Richardson. Mr. Ifoinfray appeared for Whitehorse,
and Mr. Watford for Tet,all.
_ _

Mr. Pito, iu opening the Case, said the action was
brought by the plaintiff; who is a botch, r and dealer.
The case was origina:ly taken in the .uper'or Court, and
WAY referred to this Court, and was for he alleged la
geuce in putting a quantity of sod on the turnpike road,
cau-ing the plaintiff to be thrown out of a trap, and am
in,;outly injured ; and the claini Was for £2OO. Ori Vie
I of A pr.l last, plaintiff avid to Wolverhampton
k..t. end a. It :oboist fur ck to return home;
a a..J11.,r to ,ay, on that day Vier, wa, a eery
tuu,..lerstotiii. and oil arriving at 11...inf.:true plaintiff
ata ved for SYsite time. Wio II the norm Ca. OVvr 1.1"1-
totr I r..v.:e:•e I ~n his j iorney. Oa al r.viog at W.ird-lee
U •ar the win! ise gaze tile trap Woe tarne.3
over in cast q ience ..f a heap of loud and dirt Volt hid
n put on tor turnpike road out if the eraina belong
leg ti toe three defendants. Too pl.totitf had received
yvy,411,1 njArita One of hi% Augers bias to he ailiputat•d,
and he wit. also inj ireJ shout tat hotly. If lie proved
hit he slnoild ask the jury ti give his substantial
damages._

depos...l: I am a butcher and general dealer,
and live at Brandt Lane. On tire 14th Aprii Mit I at-
tend, d Woleerhinipton Cat.le Minket in company with
Mr. Cooper, and st al to return at four "'do k. in
Cowl any with Mr. Cooper. and a Ma, named lii.hiniph.
On returning there waft a b-.- .y thunderstorm, chili de.
laced us for a .liort, tune. I fter got into the trap, and
was corning very steadily, and whou near the i% ordaley
turnpike gate, I felt the mit going over. Pat out my
right hand ti have myself. I fell on to my back. add the
cart bid, fell on to my hand, and injured it. A portion
of the cart 1e:1 upon iny 1,-g. hay there until midatenee
came. 1 then got up. I found the cart had been thrown
or, vby • heap of dirt. I Hun went to Mr. \\*lithely's,
and afterwards to Mr. Turnet's, tho idirgeon, and went
again the next morning. My hand was very much in.
jnred, and he eat one of the fingers off my right hand.
Have not been able to me my hand since.
Croas.examined by Mr. Hoinfmy lam familiar to the
turnpike road. The ninon driving lives near to the gate.
Did not pane throngh in the moroiug ; lint Cooper did.
There is • bridle gate, which is on the aide where the
mod was. I saw mud there on the Saturday prerione.
'the mud was not on • line with the bridle road.
Croas.examiued by Mr. Walton] ; I went from Wolver.
hainpton to Weillibi.Orlle with, 4 mail named Tay, When
there it asl about fire o'clock. Cooper hod arrived at
Wombourue first. He was driving in front. Left Wow-
bourne ale,ut seven o'clock. I started to walk about a
rini a half, and Mr. Cooper overtook me.
Cooper. landlord of the Old Bear Inn,
Woriiiney. Went to Wolverhampton on the 14th April.
and left about fonr oli lock. Licit to Wornbourne and
stayed there for some tune became of the thunder storm.
P.anitiff sterted to well< on. I an, driving, and picked
him up. On arriving at Wordsley, there was a heap of
mind and dirt, and I was the own out of the trap, and so
was the plaintiff.
. .

Cross-examined by Mr. Young: I was mach injured.
Have nut brought an action yet. There is a reason for
it. The road is about 25 feet wide. Should think the
mud was half across the road for three or four days. The
limae was going from six to seven miles an hour. I
drove past the mud in the tut-teeing. Was at Wolutiourne
about three lo•urs. There were eight or ten persons in
the room. WWI ill two puhlic•hout,es in Wolverhauipton.
Walked up and down Dothey-street for an hour. Should
think the mud was half across the road.

Cross-examined by Mr. flomfray : There are two
letups in ar where the mud woe. there were two heaps
of mud. Iti,sed .me; the other projected farther out.
Re-exannot d: There was not room fur two vehicles
to pass where the mud woo.
. . -

William Adam. depoited : I kept the toll-gate at the
time of the accident, and saw some mud placed in the
road a few days prior to the &cadent. The mad extended
half across the road. There was a good deal of rain
that day, and the colour of the mud was the same as the
road. There was not room for two vehicles to pass at
one time. When there were two one had to wait for the
other to pass. Saw them shortly after the accident, and
took the horse out of the trap. Saw Mr. Cooper down,
Plaintiff had gone to the surgeon. Cooper was perfectly
sober, and so was the plaintiff.
Mr. Turner, surgeon, of Coalbournbrook, said he saw
the plaintiff the night of the accident, and found him
suffering from a compound fracture of the right hand,
He complained of bruises on the body. He was perfectly
sober. I gave him a glass of brandy and water. He ap-
peared very unwell. The next day I amputated the fin.
ger. Other fingers are injured. His hand will never be
so strong again.
George Graxebrook deposed : I am a solicitor, and
Clerk to the Road Trustees. The trustees had nothing
to do with putting the mud on the road. There are two
lights, and another about sixty yards up the road.
Thomas Webb, landlord of the White Hart, deposed :
It was my horse that was being driven by Mr. Cooper,
and the measure produced is the width of the road. Have
1,4 a conversation with Mr. Richards about the gutter
being cleaned out. A man named Cartwright came to
Mr. Richardi for £2. and he gave him the £2, and asked
me to witness it. I did, and which was for getting the
mud oat.

_
Join Cartivragbt deposed; I am a labourer, and was
employed to cleanse a brook running near Wordsley
turnpike.

Inranswer to Mr. Young, witness said he had done it
by.con tract. _

'Mr. Prior asked Mr. Young to produce the contract
under which Cartwright had taken the work.
Mr. Young produced it, but at once took an objection
to its being admissible, on the ground that the memor-
andum was lot written on a sixpenny stamp ; and before
it could be admissible plaintiff would have to pay the
penalty of SIO, as required by the *tamp Act; and also
said that in case of that being done, the point would be
raised that the memorandum showed that Cartwright
was not a eery/int but a contractor, and therefore he was
the proper person to one for damages.
Mr. Prior contended that the memorandum was not
an agreement, as an agreement reqnired two persons to
make it so; and the memorandum produced was only
signed by one.

ver; long argument took place, otter which Ike Judge
ruled that the memorandum nag not admissible.
Mr. Prior said under the circumstances he would con.
sent to a consult.

A long conversation afterwards took place between tbe
legsl gentlemen and the Judge. The result was that •
verdict was taken by consent for defendants ; bat with.
out costs.

Bill v. Bennett.—Thie was an action to recover the
sum of El 5, for injuries done to plaintiff's home through
the negligence of defendant. Mr. Perry appeared for
plaintiff, and Mr. Collis for the defendant.
Plaintiff deposed: I am a fruiterer. and lived at the
Spotted Cow, Union-street. On the 23rd December last
I wan returning from Kidderminster Market, and when
near the Heath defendant ran into my horse, The shafts
of the cart entered into the body of the horse, and so
injured t4e animal that it died in two days. The herse
was worth £l5. I had a veterinary surgeon to attend it,
and he charged 10e 6d. My wife was with me at the
time, and she has been ill ever sinee. Had to have a sur-
geon to her which has coat we £3 3s.

William Edwards, auctioneer, said that he sold the
horse at a Kidderminster sale for in 108, and it was en.
ceedingly cheap. Considered the horse worth £lO.
Mr. Collis addressed the Court for the defence, and
said his client was very poor, but he bad already paid
into Court £4, the amount winch he had heard that the
animal had cost, and called Joseph Ray, carrier, who said
the horse wu a very poor one, and wee not worth more
than S4.—Ver4ieo tor plaintiff for SO and oats.