The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-01-17 00:00:00

COUNTY COURT.

THE LIABILITIES OF RAILWAY COM.

PANIES.
Richards V. The South Devon Railway Company.
—At the County Court, on Thursday, Mr. R. Kettle
delivered his judgement in the above case, which was
heard on the 27th of November, in which Mr. Wm.
Muscly Richards, surgeon, of Cleat (represented by
Mr. Perry), sought to recover £l9 9s from the South
Devon Railway Company for damages done to cer-
tain books, paintings, and surgical instruments con-
signed to them. On the 20th June of last year plain-
tiff delivered to defendants certain pack-ages at Star
Cross, Devonshire, for transit to Stourbridge. Part
of them were sent by what is called a van parcels
train, and part by luggage train, and they were de-
livereden the 21st July. On the 4th of August
plaintiff sent in his Ciltha for damages done to the

paokages whilst in the possession of :the defendants, ,
and they refused to acknowledge it ; the defence set
up being the endorsement on the ,consignment note, I
" That no claim for loss or damage for which they ,
may be liable will be allowed unless the same be ;
made in writing within three days after the delivery
of the goods.'
The Judge stated that this being a case of great
public interest he had carefully considered the au-
thorities upon the question. The injury sustained
was only in respect of the goods sent by luggage
train, and to this only the condition applied. By
common law the consignee was allowed a reasonable
time after the arrival of the goods to ascertain in
what state they were ; and then if he found them
injured he should make a claim against the carrier
within reasonable time. so that he might have time
to trace the responsibility of the damage to those on
whom it rested. He had no direct evidence on the
point, but his view of the case was founded by ana-
logy on the principle established by the cases of
Hunt e. Hecht and Morton r. Tibbits. He then de-
livered his verdict, which was as follows :—I find as
facts that the goods which are the subject of this in-
quiry were delivered to the consignee on the 21at
July, and that no notice was given to the carriers
that they were damaged in transit until the 4th Au-
:Md. Upon this I rule that a notice or claim of
damages in transit to goods should be given to the
carrier by the party claiming damages within a rea-
sonable time. I further find that upon the facts be-
fore stated the notice of damages was not, having
, regard to the eircumstances:of the case, given within
! a reasonable time. I can find no express authority
! for this ruling. I think, therefore the plaintiff
should have an opportunity of appealing against my
ruliug. If the superior Court should be of opinion
that notice or claims of damage need not be given
width' a reasonable time, or that the time before
mentioned was reasonable, then my judgement is to
I reversed, and a verdict entered for the plaintiff for
the amount claimed—.2l9 95. His verdict would be
for defendants.

Herrin v. Bros.—At the County Court, on
Thursday, before Mr. It. Kettle, Judge, this was an
action brought by plaintiff, who resides at the Lye,
to recover £9, goods sold and nelivered. kr. Perry
appeared for plaintiff, and Mr. Addison for defend-
ant. Plaintiff and his witnesses proved the sale of
the goods. Defendant admitted owing a portion of
the money. His Honour gave a verdict for plaintiff
for £5 and costs.

Griffin V. IVelch.—This was an action bronght by
plaintiff, who is a moister, residing at Oldswiuford,
for the sum of .£3, for malt sold and deliverd to de-
fendant, who is a publican. Defendant denied ow-
ing the money, but the ease was proved and defend-
ant was ordered to pay the amount claimed in 14
days.

TESTIMONIAL-0u Saturday last, a testimonial
was presented to Mr. ii. Matty, in recognition of
the services rendered to Court Benevolence, during
the 11 yerrs he had been the secretary. The testi-
monial consisted of a very handsome black marble
clock. A silver plate attached to the clock and en-
graved as follows: 'Presented to Brother 11. Meaty,
by Court Benevolence, as a mark of their esteem,
after 11 years active service
,as secretary—January
4th, 1874." The committee entrusted to carry out
the work were Messrs. H. Male, A. Hennessey, and
F. Round, who made the presentation, which was
duly accepted by Mr. Dlatty, and acknowledged in
suitable terms.

Taal, MENINO.—At the Police Court, yesterday, be-
fore Major Fletcher, Anna Maria Mobberley, of the Lye,
was charged with using threatening language to Louisa
Farmer, on the 14th init. Complain:tut said that whilst
she was in the shop, defendant threatened to take her
life. She had of ten threatened her, and she WAS afraid
that defendant would du her some injury. This evidence
was corroborated, and defendant was bound over in £5,
and herself in £lO to keep the peace for one month.
ONFERINU DISEASED MEAT Fair SALE .—At the Petty
Sessions, yesterday, before Major Fletcher and Mr.J. C.
A. Scott, Thomas Higga, butcher, was charged with hav-
ing, on the 3rd last, eight pieces of mutton in his pos-
session, the mune not being fit for human food. Defend-
ant pleaded not guilty.—Henry Williams, Inspector of
Nuisances, proved hit appointment; also the order from
the Chairman of Commissioners to take the present pro-
ceedings. Witness amid that on the above date he visited
the defendant's stall in the Market Hall. Sa • eight
joists of mutton. The flesh Was pale, the skin yellow;
and upon squeezing it a quantity of water and matter
came out. He weighed the whole carcase, which was
wader 291hs. The flesh was diseased, and uutit for
human food. It was a fail-sized sheep. Ho teak it be•
fare Mr. R. L. Freer, wha ordered it tabs destroyed.
He had previously shown tie meat to Mr. Richards, the
medical officer. Cross-examined: I destioyed the meat
by the authority of a magistrate,—Williana Moseley
Richards, Medical Officer, for Stourbridge, produced his
appoditmentand: said that he was asked to examine some
meat by the lastwi 'nom. There were:eight pieces of mutt in
%Midi Were Very emaCiated ; the worst he ever saw. There
was no fibre or fat, and the animal must have been ills.
eased for some mouths, and must have suffered from
chronic disease. It was totally unfit fur human tioil.—
Heorge Reddoes. butcher, said he inspected several joints
of meat ivhich were at ry bid and unwholesome, and not
fit for food. Cross-examined : I did say to Mr. Williams
that the meat was not unfit for humaa food. I said so
becausa I did not want to give eridenca ; but the meat
was unfit gor food.—.sir. iticuards (re-called) said he ex-
amined the kidneys, which Were wasted, and considered
the sheep had not been properly nourished. The meat
was fibreless and wasted.—ln answer to the charge, the
defendant said he had been a butcher for the last forty
ytars, and knew the difference between good and bad
meat. He bought the sheep the previous Tuesday from
a turnip field. It hal been what is called a - cave "
iamb. He killed Rand sold the head and pluck for Is 9cl,
and part of it he took lute the market for sale. He con-
sidared it good, and was cut up mud sold as lambs.—Mary
Hodgetts said she lived in defendant's house. Saw Lum
bring either a sheep or lamb home. Saw him dress it.
he liver appeared good and clear. If she bad been
asked to buy a joint she should have bought and eaten
it.—Mr. Richards was again re-called, and said the sheep
had suffered from want of nourishment, and as soon as
killed decomposition 'unit have set in. All the fat wad
absorbed, and the animal must have been trim twelve to
fifteen months old. It decaladdy Was MUSUUMI and unfit
toe human food- The Bench retired to consider their
verdict. On returning into Court. Major Fletcher coo.
.aidered the case proved, and fined defendant £l.ll and
costs; in default two wontas' imprisonment.