The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-05-29 00:00:00

GOSSETT v. THE MIDLAND RAILWAY

COMPANY."

The above cause has been heard in the Court of Queen's
Bench. It was an action for an injury sustained by a person
while a passenger on the line.

On the 18th of June 1873, the plaintiff was travel-
ling on the hue through what is called the "Dove-hill
tunnel," in the Peak district, Derbyshire, when, in
consequence of an extraordinary land slip, a large
quantity of earth fell down an open shaft or
aperture into the tunnel and blocked it, thereby
causing an obstruction and a concussion, from which
the plaintiff suffered a severe injury, and, indeed,
lost a leg. The hill, is very steep, and the
soil is loose, so that it was likely to slip ;
and it appeared that the company were so far aware
of this that when the tunnel was made in 1866, they
had taken some precautions against the possibility of
it • from which two opposite conclusions were drawn
at the trial—that they, having foreseen the danger,
had done their best to guard against the danger; and,
on the other hand, that being aware of it, they had
not taken adequate precautions to guard against it.
The company, however, though aware that the soil
was such that it was liable to slip, did not anticipate
such a serious slip as had occurred. By way of pre-
caution they had constructed a 'covered way" with
brick at the foot of the hill; but the thickness of the
brickwork was not, it turned out, sufficient, though it
was admitted that it would have been sufficient as
against any ordinary slip. It appeared that some time
before the accident men who were searching for rabbits or
mushrooms had, they said, observed cracks in the
earth on the sides of the hill, but it did not appear that
this had come to the knowledge of the servants of the
company, and at the trial in June, 1874, before Mr.
Justice Blackburn, the case for the plaintiff had been
rested chiefly on the defective strength of the original
construction of the covered way, especially with re•
ference to a slip, which had been actually observed
while it was in course of construction. But it ap-
peared that the wall of the covered way was built
fully of the thickness which any engineer would have
supposed to be required, and the dip which occurred
was much greater than had ever occurred before or could
have been expected, nearly an acre having fallen. In- '
deed, the engmeers said they had never known such a
land-slip. It appeared that since the trial the aperture
through which the parth had fallen into the tunnel had
been closed. The learned Judge left to the jury the
question whether, with the knowledge the company's
engineers had at the time the 'covered way" was
made, it was constructed with reasonable care and
skill. On the whole of the evidence, however, the jury
found for the plaintiff—damages £2,500; addinz that
they did not consider the servants of the company in
charge of the train at the time. This was an applica-
tion upon the part of the company to set aside the
verdict on the ground that it was against the weight of
evidence.

Sir Henry Jameg, Q.C., with Mr. Philbrick, Q.C.,
and Mr. J. C. Mathew, argued for the plaintiff
against the application and in support of the verdict,
arguing that the question was entirely for the jury.

Mr. Wills, Q.C., Mr. Giffard, Q.C., and Mr. Carter
were for the company in support of the application
and against the verdict, but were, it will be seen, not
called upon.
While the plaintiff's counsel were arguing in support
of the verdict, that there was negligence in the con-
struction of the tunnel, as "slips" were anticipated,
Mr. Justice Mellor observed that the "slip" seemed
to have been very unusual in its extent, and (as was
once observed) a railway company was not bound to
take precautions against convulsions of nature, such as
Noah's hood. No doubt, after this extraordinary
" slip " the engineer would use greater precautions, but
this does not show that there was any neglect of due
precautions before, though juries are apt to think it
does.
Mr. Justice Blackburn said he did not think the
ijury had any feeling against the company, but they
were, as juries generally are, naturally anxious to
'award the plaintiff compensation for the injury he
ad sustained. He himself should have found the
verdict the other way, and if this were an ordinary
case lie should not hesitate in setting aside the verdict.
But in such cases as this juries were so strongly pre-
judiced against railway companies that probably the
result of a second trial would be the same. No doubt
the jury were doing their duty honestly as well as they
could, with a strong impression or desire that the
plaintiff should have compensation.
The counsel for the plaintiff urged that the jury were
a special jury, and had given the case the most carefr"
consideration, having consulted as to 1,
about two hours.
Mr. Justice Blackburn assented to this;
had, he said, a strong inclination to find
plaintiff; whereas he had pretty strongly in
his own view that the verdict ought to be for the
, company.
T'ne counsel for the plaintiff urged that the com-
pany's engineers were aware, from the nature of the
soil, that slips might occur, and they could not, of
course, foresee to what extent slips might go, and they
ought not to have left an aperture unguarded thrcrugh
which, in the event of a slip, the earth must fall into
the tunneL

Mr. Justice Field: The question is whether in 1866,
when the tunnel was constructed, the engineers used
reasonable precautions.
Mr. Justice Blackburn : Or whether they could
anticipate such a landslip as this.
Mr. Justice Mellor: How long were they bound to
look forward? The hill stood as it was nearly ten
years.
To this it was answered that in the recent gun-
powder explosion case it was urged that the company
had carried gunpowder in the same way for 25 years,
but the jury thought that no defence.
On the whole, without calling upon the counsel for
the company
The Court said they thought there ought to be a new
trial in order to see whether another jury would come
to the same conclusion.

Accordingly a new trial was directed, costs to .abide
the event of a second trial.

FATAL ACCIDENT AT A RAILWAY
STATION.
In London, on Monday, Dr. Hardwick° held an
inquiry at the Royal Free, Hospital on the body of
George Allan, aged 25, a ship's steward, who met with
his death at the King's-cross terminus of the Great
Northern Railway on Wednesday evening in last week.
Mrs. Anne Allan, of 28, Virginia-street, Aberdeen,
mother of the deceessed, identified the body, and said
that her son had been at sea since November last,
and had just arrived in London. She expected him
,to arrive in Aberdeen, when she received a telegram
apprising her of his death.
John Robbins, guard, in the employ of the Great
Northern Company, said on Wednesday he was check-
ing the tickets of the 9.15 p.m. train for Saotland, when
he saw the deceased advance towards the train as it was
leaving the station and run alongside the window of a
third-class carriage labelled for Glasgow. He ran by
the side of the carriage for at least some 50 or 60
yards, and then fell down head foremost before the
carriage had cleared the platform, and was carried on
beyand it about 1.00 yards. He ran down the line, and
found the deceased with his legs much injured, one
being nearly cut off. The deceased was placed on a
stretcher and conveyed to the hospital. The train was
going at a quick pace when he fell. He seemed anxious
to conven,e with some one in the carriage, and it trans-
pired afterwards that he hsd come to the station to see
a lady off. A number of other persona were on the 04-
form, and the police were present keeping the People
back, but the deceased ran suddenly from out of the
crowd, and the accident occurred so quickly that no
one had time to stop the train.
Jonathan Kemp, a police-constable, corroborated
this evidence.
Mr. John Griffith, resident surgeon of the hospital,
said that when the deceased wa-s admitted he was in a
collapsed state, with compound fractures of both legs.
Amputation was performed under tie influence of
chloroform, but he sank and died at three o'clock on
tho followiag mooing from the flock Pond, lon of blood.