The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-10-29 00:00:00

i'ocal ants istrict get's.

COUNTY COURT.

Re/limos v. Sim/.ling wed Miles. —At the
County Court held on Tuesday, before Loxdale
Warren, Esq., Deputy Judge, this was an action
to recover the sum of £4 12s 4d for timber and
laths sold and delivered to the defendants. Mr.
Perry appeared for plaintiff, and Mr. Addison
for defendants. Evidence was called to prove
that the defendants were formerly partners, and
that they had the goods. For the defence it
was contended that defendants had not received
some timber alleged to hare been delivered am-
ounting to lols 7d. A set-off was also claimed.
After hearing the evidence, his Honour struck
out the items aruountinir to 14s 7d, and e,usid-
ered the set-off bad been proved, and found
verdict for plaintiff
Adonis v. Pope.—This was an action to reco-
ver the suns of tiff, fee work done to defend-
ant's brick works. Mr. Stokes appeared for the
plaintiff, and said defendant is a solicitor, resid-
ing at Sinethwick, and plaintiff did a quantity
of work for the defendant, which amounted to
£lO. The case was proved, and the defendant
ordered to pay the full ainount awl costs in 14 ,
days.
Jones v. Willette.—.lursy CAa.E.--This was an I
action brought by the piaintiff, who is a nail
manufacturer, residing at Rowley, against the
defendant, who is a builder, residing at Bowling
Oreen, Dudley, for the sum of £4O for injuries I
received by the alleged negligence of defend- I
ant's servants.

Mr. Godson instructed by Messrs. Freer and
Perry) appeared for the pl tintiff, and Mr. Mot-
tersm (instructed by :%lebars. Homfray and Hol-
berton) defended.
. . . .

Mr. 'Godson in opening the case, said that on
the 89th of May the plaintiff was driving from
Dudley in a trap, accompanied by a friend
named Henry Baker. When near Bowling
Green Road, between ten mod eleven o'clock, he
was driving home, but was upset in consequence
of a heap of ash*. being placed on the road,
which upset his trap, and threw himself and his
friend out. Plaintiff was much shaken, his trap
was broken, his horse injnred, and he had to hire
a trap during the time to carry on his business;
and he now claimed the sum of £4O, which was
the damage he had sustained. Mr. Godson
then quoted the 33rd sec. tin Journal, where it
is laid down that the muter is liable for any
damage caused by the negligence of his servants,
and if he proved the case to their satisfaction
he should ask the jury to give him substantial
damages.
Anthony Willette Jones deposed : I am plain-
tiff in this action, and am a nail and iron manu-
facturer, at Rowley. Between ten and eleven
on the 9th of May, 1869, 1 was driving on a
road called Bowling Green Road. I was with
Henry Baker, and was perfectly sober. While
driving there was a heap of ashes and cinders in
the middle of the road. The trap was thrown
, over, and I was thrown out; as was also Henry
Baker. I was much shaken, the trap badly
' damaged, and my clothes injured to the amount
of 10s. The horse was damaged, and unable
to work for four months, and had to call in the
services of a veterinary surgeon, wan charged
£4 10s. I have to pay kg 2,6 d for thc rcpsirs
of the trap. Tho trap ts.ia not so good after,
and deteriorated £2 12s 6d. I had to Lire a trap
during the time, and had to pay £5 15e for it.
Cross-examined: I do drive et a moderate
rate. Do not get into scrapes by being rather
fast I am under recognisances to keep . the
peace towards Whitmore, of Old Hill. Nothing
happened to me by the watchman at a railway
station. Never drove over any one in toy life
Did not have a collision at Reddal Hill. There
was an accident in which my man was concerned.
The azletree of the trap was broken. I was not
there. Did not have so accident the day before
I ran over the &sheer. Left home after dinner.
Returned from Dudley about ten o'clock. Henry
Baker left vrith me, and returned home. Had two
glasses of ale and one glass of sherry. The
road there is generally good. There was a cart
close to a shed, a few yards from the heap of
ashes. I ran up to the ashes first, and was up-
set. Oan't say the width ef the road, but the
Gabes were about ten feet from the gutter. I
did know it was • newly•tnade road. Had no
lights. It was a dark night. There was no gas
, lighted. There are furnaces about 500 yards'
' distant. They did not light up the road. I
gave £27 for the trap. It was new. Have had
the horse four years. He is now eight years
old. Gaye £BO for it at Birmingham.
Henry Baker, of iOld Hill, deposed : I am a
gun•barrel welder. On the 29th of May I was
with Mr. Jones when he was upset. I was
thrown out. Plaintiff was under, and complained
of being hurt. I sent for the police. The mare
was injured on the fore and hind legs, and on
the shoulder. The trap was injured also,
Philemon Baker, of Old Hill, also gave evi-
deuce as to the injuries the horse had sustained.
Rolioe•eonstable Edwards, stationed at Dud.
ley, said he was fetched from his station to the
scene of the accident. The loads of ashes were
in the centre of the road. Jones was sober. He
had his lamp with him, and saw the trap was
injured, and that the horse walked lame. He
saw Baker lead the horse towards home.

Cross•examined : Saw the road man come up.
Stopped about three•quarters of an hour.
William Wire said he made Jones a trap in
1889. It cost £27. Thought the axle broke.
Charged £9 26 lid for putting it in repair. It
was not so good as it had been before. The de-
terioration of value would be between £3 and
£4.
Cross-examia.-d: It would not run.

Thomas Barlow said he lived at Darby End.
Was road manager to the Borough Surveyor, of
Dudley. Knew Rollins, carter to Mr. Willetts.
He had brought ashes and rubbish to the place
where he was at work about that time. He had
not got leave to do so. The roadmen left oft
work at five o'clock, and on Saturday at four.
They levelled all that was brought lip to the
time the men left work. Was in the road at
half-past three. Was sent for by the police
about eleven o'clock, and saw two heaps of ashes
not quite in the middle of the road. Saw Jones
at the same time. Did not see anything the
, matter.

Cross-eramined : Was repairing the road
under the chreetion of the Corporation. The
Beim& Surveyor bound wan, and lir. Hingley
band non to draw this stuff. The Mayor of
Dudley found lush:vials. No one had a right to
upset stuff there without leave. Did not see
Jones and his friend drive off. It was a very
dark night. Have never seen Jones drive over-
fast.

Leeklab Round said he worked under the last
witness. On the 29th of May, 1869, was at
work en the Bowling Green Road. On that date
he had care of the road after half-past three
When he loft it at four the rood was level.
Frank Rawlings said he was carter to Mr.
Willetts on the 29th of May, 1869. Took two
loads of ashes to Bowling Green Road. i.aae
winette told him to take them. It was in the
evening. There were no roadmen there when
he took the ashes.

Cross-examined: Have been examined by Mr.
Harper at his houee. I told him Mr. Barlow
told me to pat the ashes there ; but I was not on
my oath then. It web untrue what I told him
then.

- David Mills said he resided at Darby End.
Know last witness. Saw Win put some &Ghee in
the load on the 29th of May, 1469. There were
no readuleia there to level the ashes. It was
after four o'clock. At the request of Mr. Perry
thh; case was adjourned to subpcen Round to ap-
pear to-day
Mr. Motterain, in defence, contended that his
client was sot liable. lie said the Bowling

Green Road was being repaired on the dDth of
May. The Dudley Corporation had found men,
and Mr. Hingley (the Mayor of Dudley), found
materials. The rubbish had been taken there
by the lad Rawlings; but it was unknown to Mr.
Willetts. He knew nothing about it; nor did
he give the lad any order to put it there. When
Rawlings went to Mr. Homfray's office with
Willetts, he said Willette did not tell him to take
the ashes there after four o'clock ; but that Bar-
low told him. If he proved that he should ask
the jury to give his client the verdict; and if
they believed Rnwling's evidence before that of
Mr. Willetts, then that gentleman was not desir-
ous of retaining his position. After some fur-
ther remarks, Mr. Motteram called
Isaac Willetts, who deposed: I live at Dudley
Wuid, Bowling (Ireen. Rawlings was in my
employ. Never gave him authority to place the
rubbish on the road. I went out the first thing
in the morning and told him to draw ammo sand
front the Primrose Walk t• • nom street cnt
from Reddal Hill to the Four Ways. He also
drew some bricks. His duty was also to draw
rubbish to the new building. Nr or employed
hic) to draw rubbish to be placed in the road in
quemtion. I went to Mr. Hondray's and took
Rawlings. to go and state that he knew it was no
part of his duty to draw rubbish into the road in
question.

Jeston Hominy, solicitor, said he took a gen-
eral statement from Willetts and Rawlings, on
the night the former came to consult him, and
that Rawlings b‘iid that Barlow told him to cart
away the stuff, and not Willetts.

William Priest said he came up after the ac-
cident. Asked the plaintiff if he was hurt, and
lie said he was not. The trap was injurett. sew
plaintiff and Baker go on at • fast trot.
Mr. Godson replied on the evidence, mid
His Honour summed up, reviewing the whole
of the evidence given, and remarked that Raw-
lings mast have told a lie either at Mr )11om-
fray's °dice, or in the bus. If they found •
verdict for plaintiff. they moat titid 1., the vari-
ous sums he had actually paid out of pocket, as
XI 2s 64 for repair of trap, veterinary surgeon's
hill £4 104, hiring, of trap £5 16s. And the
jury would consider what, if any, for the injury
to plaintiff, £lO being claimed. ..1:5 lOs was also
claimed for injury to his horse, and .11 10s for
clothes. However it would be for then, to con-
sider the various stuns.

The jury retired for a short time. On return-
ing, they found a verdict for plaintiff for .410.
Adtims v. 11011m,ty.—This was an action to
recover the sum of ..C7 14s 7d, being the balance
of account for butcher's meat. Mr. Homer ap-
peared for plaintiff, and Mr. Homfray for the
defendant. Plaintiff proved that he had sold the
defendant a quantity of meat, which amounted
to Ll 3 14s 7d. Defendant had paid £6, and re-
fused to pay the remainder of the balance due,
although he had promised to pay in a month.
Mr. Hoinfray, for the defence, contended that
the defendant hail paid two six pounds, one of
which lie had a receipt for. The other six was
paid in the defendant's house, and as the plain-
tiff could not write, he did not give him any re-
ceipt. His Honour said he believed the state-
ment made by the plaintiff, and gave a verdict
for the fall amount claimed, and costs.
atinpbell v. R"binson.—This was an action to
recover the sum of .48 3s for professional atten-
dance on the defendant's wife. Mr. Perry ap-
peared for the plaintiff, and said that plaintiff is
Robert Lyon Campbell, surgeon, and the defend-
ant is David Robinson, who keeps a public-house.
Plaintiff was called in to set the defendant's
wife's leg. The leg was bet, and the plaintiff
had merely charged parish charges. He believed
the defendant would say that the plaintiff had
acted with unskilful treatment. He should
prove, however painful it might be to Mr. Camp-
bell, that the wife was drunk at the time the leg
wu set, and that she pulled the splints off her
leg. George Birt, surgeon, said lie was sent for
to sat the defendant's leg. He found the bones
broken. Defendant at that time was very drank.
He set the leg, and put the usual splints and
bandages on. The next day he found the band-
ages fidcen off, and the splints loosened, and the
leg had to be re-set. She was still under the
influence of liquor. Saw the defendant fifteen
or sixteen times. Three guineas is a reasonable
charge ; only parish pay. Robert Lyon Camp-
bell was next called, and said he visited the de-
fendant's wife. He found the splints and band-
ages off. He had to re-set the leg. Visited her
again. The bandages were still louse, and it
had to be again re-let. Had paid the defendant
twenty-oue visits, including those of his assist-
ant. The defence waa that the leg had not been
set ; that she was still a cripple. She denieu
that she was drunk. His Honour considered
the case proved, and ordered her to pay the full
amount claimed, and costs.