The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1866-11-03 00:00:00

The fell partieulais will be found
.dteiloi below.

Samuel ilriekuoli, reahliog at Brier'. y 11:11, said : On
the 1011: of August I Waa at H tljtoOe nothie in the
al:en:loon. 1 :taw a cart home near that thee. It was
coming front the I-3e toward:: the Thorns. There were
children on the Inn:path, which is clerell feet wide, :ant
there is a good turenpike road. The hor,e turned on to
the foutpth. The hose sound iteto a E.11:op aud Licked
:some eh:l:len, Mid then there was a cry. A woUlan
canto up at the tiune. There was a rnan following the
horse t awed y. 1 asked him why he did not 1,11:
the child :T. He tualle no n Oy.
Cromu :.atoned: I did not tee any carts in the read to
CIIIIne the 1101,1, to liti.alte. Lots of htillyal there. My
41/1,..11q011 was called when 1 heard a

Cainehue Brown, labourer: I live at the Th ntna. On
the above date I use coinhi:: by the di feudal:l.s' laid,
pod. I saw the horse go on to the footpath, sod the
child kuudied slain. The horse was go:irg at a suitirtidi
pace. I know the horse reift•etly well. I have seen the
hone coming from the manufactory without any one with
It, Four children Were on the tiotp ith.
Cross-, I.ltarr : The horse was toisuelly my brother's.
It was always very quiet, and I have aholveti it several
times. My brotner had it for four mouth..., sad the de
feudants ler two years.
t•hzabetii lirosso, stated : After the child had been run
ayes bile appeared in great pain, and said e• ry much.
/ler thigh we, brul.en, and there was it bruise on lit r hack.
limor the Iho to be the property of the de fentlantl,
and at the time of the accioeut it w.vs galb•piog by the
house. I had never Mill anything t • liough about the
horse galloping freqmostly by the 1i,,,,,.
Cros•••• anoint:el: 1 alo.iys 1..0k our toy children.
John Walt r, said i.e lived at the 'I horns.
About four li'elot x tin the above day, Is. ht ad a cry mid
weld t • hest what eas the ill attic. Ile omit with Mr.
Brown and 014 W R child. Its leg was broken. lice., ried
Vic child isit,' the house. Dr. 11.•dg.ain attended Use
ehd lIS has been col:lined for nix weeks. ide. Msiley
came shortly titer the accident. My wife showed I
the child. It, aid, "Ohs, deer; what bad job this iv."
Witness had cautioned them against tskilig the horse out
without being strapped. Mr. Allport wa, in the house
at the time. Belli) bad bi, n to has house scrim al times
since, but lusd Moth R alas. HO oil. I. of contp,mvat ~,,, for
the accith sit. 11,,,,,, hi and his wife Ott I.ll:sesh. went to
Bailey sad Mobla r., )o cflio,, Witnevs 1,41.1 the surgeon's
bill wttii him, %Inch was Chin, Mr. Mabberley said it
was a alai:lend mita . and he would see Mr. Hodgson
I% hoes, had often seen the horse loose is the road. Le-
lend.,t% had ntAcr made him any utter. At the In-gisi•
nihg of the mouth he lusts acted his solicitor to tiring the

Crosteesamined : A person rained llotlgkiss Las bet it
g liug up the Cue for me. Ile has Le.o go-between,
between myself and my attorney, lie instructed Mr.
Addison for me ; and he has been measuring the ground,
getting the witnesses together, and taking down their ex•
aininatinns. it wati after 1 ti.aw Ithilgkiss that 1 told Mr.
Addison that liailey bad said ho hod cautioned them
t e :oral times against tile Mime going out without a str..p.
tte-ezamined : Mr. Addison tool: down the evident: of
the witutnews at lOs olliee. Iludgkiss WAS not there at the
time.

Lucy Jane Hampton, said: I an. the mother of the
plaintiff. I was away at the time of the accident. The
etaild had a fractured thig::, aild a largo bruise on her
back. Mr. Bailey canto in and said it was a very bad
job, and he was very sorry ; inn' that he had cautioned
titeni many Issues. 1 said I knew what would be tie
matter by the horse going up in that manner. I told
Mr. Bailey that I had warned lioutrh live weeks preii-
ously. Bailey said if they were to shoot the horse it
would make the child no better. I shawed the surgeon's
bill to Mr. B they. Mr. Alobberley said £3 3s was A
shameful price, and he wont ogo and see the surgeon. I
afterward* went to Mr. Bath•y for compensation for the
injury done to the child. Ile said I did not waist any.
tiling but the surgeon's bill paid. I told hint that mould
not satisfy me. He then asked me what I wanted. I
told him I did not know. Mr. Mobberley toll me to make
out the biil, and they would ere what could be done.
The surgeon's bill has not been paid. The child w.ts up-
stairs four weeks. I have four children. The chill can.
Riot walk at the present time. She hits pa...A a good
deal of blood front the bladder.

Cross-examined : Thu child cannot walk. It is tour
years Ohl, and used to go on the path, but not on the
turnpike road. I saw Mr. Ilodgkiss shortly after I had
been to Moldierley and Bailey. home diqs after I west
to Mr. Addison. Ilokkiss wrote a letter on the of
October to Mr. Addison. llsluki•s has been getting op
the evidence. I had some little talk with Hoilgkiss, but
gave toy ( VW.IICO VI Mr. Addison. When I went to
Messrs. Mobberley I did not name the nuts but left it to
my husband. They Dever made RH offer.
Ite•examined : Mr. Addison made an offer to settle the
ease with Messrs. Moldierley and Bailey without coming
to court, but they refused.
William (loug), : I ani in the employ of Messrs. Mob-
berley and Bailey. 1 line never been warned by Mrs.
Hampton. but the horse has been about loose on the
road. I was not with the horse that day, as I had been
kicked by a horse five days before. I line known the
horse for three 3eari. II was a very quiet horse.
Cross•examined : Mrs. Brown and Mrs. Hampton have
never cautioned me about the horse galloping up the
road.

Thomas Massey Harding, surgeon, practising at Brier.
Icy Hill, said : On the 15th f One month, I examined a
little girl ilium ii Maria Hampton. She had sustained a
frai tare of the right thigh. The limb in much aliortenril
(more than one inch) and distorted. It will remain
shortened. There was also a fracture of the lower part
of the back which will att,ct the bladder and take a long
time to • treat a cure.
Crosti.examined : I cannot say that it was unskilfully
treated. It will appear that the lig will be shorter.
Henry Frederick Hodgson, aurgcon, of Cradle'', said:
On the 11th of August I saw the child. I found that
she had anataineil a fracture of the thigh, and other in-
juries to the spine, and did all that was necessary. I
believe, with the had witness that the limb will he
nhortened for life. My charge was £3 3s, but have at-
tended the child since. Have not made other charges at
piesent..

•
Mr. lion fray then addressed the jory for the defence,
and contended that it was it pure areident, and that a
great .loal of what had laden said by the witness,. for the
plaintiff writ pure fiction; and that thero had been an
ranter current at work. From the the time of the [...t-
-ient his clients had shown a good deal of sympathy for
the child, and did express their regret at the occident.
Plaintiff earn., to the defoulants and said the doctor's
hill was £3 It, lint if his clientr had paid that no doubt
they would have asked for five or ten pounds, and not
have ben satisfied than. They ought to have asked for
the amount they roquired ; hot they did not. Had they
done or, hi. clients would have done what was Held ; but
a person named limiakda had got the ease order II liDll
and nothing would do but they must fight it. If he

_ .
proved that it w/Ifl a pure accident he should ark the jury
to give a verdict for the defendants. The following wit-
nesses were then called :
William Chidley wagoner, at Messrs. ?slobberley and
Bailey's, said he was in charge of the horse that day.
He took the horse to Went Bromwich with a load of
bricks. He returned about half.naat four and took oat
the leading horse, and the nose bag, and took the cart
down to the stable. He took the borne out and tel it in-
to the road by the bridle and reins. Just as he got into
the road, the horse gave a sudden snatch out of his hand
and trotted up the road, and got on to the footpath were
the children were; as there were two loads of slack in
the road.
Cross-examined : I have been discharged from the de.
fondants' employ, but work for them now.
Reexamined : I did all I could to hold the horse.
I'. Westwood: I live at the Thorns and was standing
at my own gate when the accident occurred. Saw three
or four children sitting on the footpath. I saw a horse
I come out of the defendant. yard. Chidley bad hold of
: the bridle. The hone began to kick and sent Chidley
I nearly down. There were two loads of slack in the road,
I and nom one smacked a whip, and the hone galloped on
to the footpath.
Cross.examined : The slack carts were nearly opposite
the children, and that was the reason the hone went on
the path. I have aeon Mr. Gough lead the hone to
where the houses were, and then loose him, and he has
galloped off.
I James Falconer Bailey, one of the defendants, said he
never told Mrs. Hampton that he had cautioned the man
not to take the horse out without a strap. Have had the
I horse between two and three years. It is a quiet one.
Chidley is a quiet ono and used to horses.
Cross.examined : I was very corn for the child, and
left the case in my solicitor'a hands as to the compensa-
: lion. No complaints had been mule to me about the
horse. I never made any offer.
. . .

Mr. Ilornfray addressml the jury for the defence, con-
tending that it was a pure accident, and that the defend-
mats wer not liable. Accidents of that kind were of fre-
quent occurrence, and were beyond human control. The
children were neglected by their parents in allowing them
to play on the footpath. There was no neglect shown by
Chidley. lie did all that he could do, lie hoped the
sympathies of the jury would be evenly balanced. If
they thought the parents were to blame in allotting their
children to be on the footpath, then they would fold a
verdict for the defendants. If they found that the chil-
dren were lawfully there and that ('hilly was to Id ime
then it wont,' be a question as to the amount of damages
which Inc hoped would be a moderate aunt. If they
thought the man Chidley did all Inc could do, then there
was an end of the case.

Mr. Godson replied on the whole case, contending that
defendants might have ofreed compeioution without pre-
judice, but they never intended doing so it was quite
clear. Here was a man allowing a horse to go on a pub-
lic footpath to endanger the lives of the public. They
were liable for damagea. The horse was a spirited one;
the child was injured, and injured, too. for life. As re-
garded the child being on the footpath, that was the only
place where the child could walk. There are no public
gardens or walks here, and where could they go but on
the footpath. It was a very serious CIVIC for the child;
and he hoped the jury would well consider the question
as to the compensation given. There were £3 3s for set-
ting the lush; and there was the attendance of Mr.
Harding. In addition to that, Ur. Hodgson had been
attending the child ever since; a nurse had to be em-
ployed ; and other expenses. If e trusted they would
find such damages as would comp.:mate for the injuries
received.

His Honour then E aimed up, and said he was very
glad that a jury had to decide it, as they were well ac-
quainted with the district where the accident a:carted.
He wished to disabuse their minds of what had been
argued by the le•fal gentlemen on both sites in suet. an
able manner. The ease was well worthy of their serious
consideration. It was not an ordinary case; it verged
so near the question—negligence, or uo negligence. A
good deal had been said about a man 11111111Cli Hodokiss
getting up the ease. There was nothing in that lie
begged they would disabuse their minds on that pilot.
Ho insist tell them that fl kidley was the semint of the
defendants who were liable it they (the jury) found tlmt
be had done his work negligently. There woo no doubt
the defendants were sorry that the accident had occurred,
bat it was not an unfrtquent occurrence in this district
for horses to travel some hundred yards to the stables
without aty one being with th, in. It had been given in
evidence the! defendants' horse often did go to the stable
by itself ; and that the horse was a spirited and Cr- ties
one. It they found tied that was allowoJ, then the ue-
fend:tilts were Fails'. What they had to consider was
was it right for the horse to lie trotted in that way. if
they thought it wan right, oni the accident happened by
the horse being tuthed out by Hougli. then there we.
evidence for them to act npon. For the defence, it had
boon god that there 11,li negligence 011 briLllf Of the
parents by allowliig the chin to he on the footpath, mid
that they contributed tow.asla the accident. If so, it
would he for them to c iii i 41,1. to Whlf extent. Here is a
footpath eleven feet wide, and higher than the turnpike
road; and he must tell them that in law the eitildreb had
a right to be thsre. and that the parents had a right t
pet them there. It was for them to s..y negligenei, or
Ito negligence. If tlky loasid Mire %Val lICX4gCLCO on
behalf of the parents then they must find a verdict fiir
defendants. If no nig:lg.:nee, they meat Mid for the
plaintiff, and it ea old then he question for tln•in t•I Zion-
sidi r the Naomi% of damages. They were not to give
any faucifsl Jasaag. s; lo.t look to the iejuric a the efrild
hail t,ceivol, and the siirgeon'a bill for attending the
he j icy would have to consider first—this there
negligee ce et not on the part of Chistley; if so, defend•
ants were iiable. Secondis, did the patina, eadribuli to
the accident by allowing the child to be on the fompath.
If they would find a to Whit for the defendants.

. .
The jury then retire‘h lu ii acre locked up for an hour
and a half. On returning t! kunit a vrrdiet fur ian
tiff for
.1.-2. i dainiig•A and cost..

At, Hatnfray applied fir a new trial ou the gr.' id
that it an: novtrary to evidence.
Ilk Honour said that he did not nucce with the verdict.
hut tt,t.td eonaiter the applic.vtiou In the unesaurt. i.e
would advise law to talk tin, matter over with his alt. it th.
The case occupied live boa: a.