The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-10-02 00:00:00

COUNTY COURT.

Important to Sick Clubs.—At the County Court,
on Saturday last, before Mr. Rupert Kettle, Judge,
this was a case in which Mr. Phillips, surgeon,
sued Mr. Southall for the sum of £2l2s for medical
attendance and medicine furnished to a man
named Hackett, a workman in his employ. Mr.
Homer appeared for the plaintiff, and Mr. Older-
shaw for the defendant. The former stated that
Hackett was a member of a club of which Mr.
Phillips was the surgeon. Hackett met with an
accident, and at the request of defendant's father,
which was made at the instance of defendant him-
self, Mr. Phillips attended him on the understand-
ing that defendant would pay his bill. For the
defence it was stated that Mr. Phillips, as club
doctor, attended Heekett as such; that he was
paid by the club, and was not entitled to recover.
His Honour did not see it in this light, and gave a
verdict for plaintiff of £2 2s.
Action for Goods Supplied.—This was an action
in which the plaintifls (Cook and Keller) songht to
recover £7 13s Gcl for horse corn and pig feed sup-
plied to defendant (Beddoes). Plaintiffs keep a
provision shop and it was stated that the articles
in question, which included beans, sharps. and
bran, were supplied either to defendant or his
sons. They produced their books, showing the
entries of the goods. The defence was that only
goods to the amount of ..t5 had been had, and that
there was a set-off for bran borrowed by plaintiffs,
which, however, his Honour decided must form
the subject of a cross-action, and, after a patient
hearing, decided in favour of the plaintiffs, the
money -to be paid in one month.
Fall of a Cottage at the Lye.—Pritcha,' rd v. Wool-
ridge—This was a case in which a widow, who had
resided in a cottage at the Lye for the last thirty
years, sued a builder, Mr. Woolridge, for so dam-
aging her cottage that it fellin, nearly burying her
in the ruins. Mr. Wall appeared for the plaintiff,
and Mr. Collis for defendant. The old lady des-
cribed the destruction in very feeling terms, and
claimed £8 as compensation for her furniture hav-
ing been destroyed. From her evidence it ap-
peared that another house had joined hers, but
this had been pulled down, and that on the Bth lilt
a man employed by the defendant pulled some
bricks out of her chimney, and shortly afterwards
the house fell in, burying her furniture, although
' having been warned by the man she had just left
the place. The furniture had been valued at £6.
Hannah Newey deposed towitnessing the tumbling
in of the house. Mr. Collis contended that the
house fell from old age and natural decay, and
eventually his Honour adjourned the case for a
week to give Mr. Wall an opportunity of produc-
ing evidence to show that the house fell in through
defendant's.servant removing any of the. bricks.

ACTION FOR THE RECOVERY OF THB
VALUE OF SLATES.
Gillam v. Howse.—At the County Court, on
Thursday, before Mr. Loxdale Warren, Deputy
Judge, this was an action brought by John Gillam,
slater, of this town, against Mr. Howse, of Wor-
cester, to recover the sum of £34 for goods sold
and delivered.—Before the case was heard Mr.
Pitt, of Worcester, who appeared for defendant,
said on the part of his client he must take objec-
tion to the jurisdiction of tho Court, The plain-
tiff resided at Stombridge, and the defendant ac
Worcester, but the whole of the business connec-
ted with the case had taken place at• Worcester,
and therefore it ought to be tried there instead of
here.—His Honour said that he had used a similar
argument, when he was acting as counsel in a case
at the Birmingham County Court, but his objection
had been overruled.—Mr. Pitt admitted that his
client had paid £4 into Court, and Mr. Collis con-
tended that the very fact of defendant having
paid the money into Court, was admitting the
jurisdiction of that Court.—His Honour decided
to hear the case.—Mr. Collis briefly opened the
case, the facts of which are detailed belcw.—Plain-
tiff deposed : On the 31st May I received a letter
from the defendant, asking for a quotation for
Caernarvon slates. I wrote him back, and in reply
received another letter on the 2nd June, and upon
that sent some slates, 20 by 12, from Caernarvon
to the defendant at Worcester Station, The order
was sent off the same day I received it from the
defendant. I after received a telegram from the
defendant, on the 18th June, stating the slates had
not arrived. lat once went to Worcester, and ex-
plained why the slates had not been• delivered.
They could not be loaded, as there was a great
demand for them. I told him I could send him
some others I had in stock, but the price would be
more than that of the Caernarvon ones. He asked
me to send a
_truck containing 2,000 at once, at
the extra price. The other slates were to come
on afterwards. Towards the end of the month I
received a telegram to the effect that the slates
were in a truck on the line. I told them to send
them on to Worcester. On the 17th July I went
to Worcester. I found the slates in the waggon
consigned to the defendant. I saw defendant the
same day, and told him the slates had been at the
station 801110 few days. Defendant promised to
get the truck empty the next morning. In about
a week after, I wrote to him for the money. On
the 11th Auggust I went to Worcester and saw the
defendant, and asked him for the money. He said
that my letter had been mislaid, and he only had
it the day before. He did not pay me then, but
said he would send on the following Saturday or
Monday. I had no money from the defendant,
but on the 14th August I received a letter from
the defendant complaining of the quality. I wrote
and asked him why he did not complainlbefore, and
told him if he did not pay I should place the mat-
ter out of my hands to recover the same.
Cross-examined: There is always a little varia-
tion-in slates. The best Caernarvon slates may
sometimes be thick one end and thin at the other
I examined the slates at Worcester. When I ex-
amined the slates I did not see some that were half
an inch thick at one end and thin at the other. I
will not swear there are not some of the slates
thick at one end and thin at the other. Having
seen the slates, I will swear they are the best
Caernarvon slates, and such as are known as the
best in the trade. When the order was given the
word " best " Caernarvon was not used, but the
price quoted was the ,price for best Caernarvon.
I received a letter on the 14th August from the
defendant, complaining that the slates were not
of the quality ordered, and that they were not of
the slightest use to him, and that I must take them
away. This was on the 14th August.
The Judge: Then when this letter had been
written, the slates had been at Worcester nearly
a month?

Plaintiff: Yes.
Cross-examination by Mr. Pitt (continued): I
do not know that it is usual for things like slates
to be left at the railway station.
By the Judge: I informed defendant that the
slates were at the station on the 19th July. They
were at Worcester at that time.
Richard Newton said: I am the son of the per-
son who consigned the slates to Mr. Gillam. I
consigned some slates to Worcester station on the
order of Mr. Gillam. The slates consigned to him
were the best Caernarvon slates. Mr. Gillam paid
the best price for them. We sold no better
Caernarvon slates than those sent to Worcester.
If there were some slates a little thicker than the
other, that would not show they were not first-
class slates, because there might be two or three
in a hundred a little bit thick. We consign a mil-
lion of slates in a year from our place.
Cross-examined: I am eighteen years old, and
have been in the trade two-and-a-half years. I
saw those slates before they werepacked, and they
were sent as best. I packed them myself. They
were the best slates, and they were not mixed as
they did not mix them. (Some slates were here
shown to witness, who said) : They are the best
Caernarvon slates, but they are a little strong.
They are best and not second b( st.
J. M. Gething said: I am an architect. For-
merly I was in the slate trade. I was eight years
dealing in slates. I went down to Worcester yes-
terday to see these slates. I did not find any of
the slates half an inch thick. (Some slates were
handed to him, and he measured them and said
they were not halt an inch thick, they were three-
eighths). Those did not represent a fair sample of
the slates at Worcester. I concur with Mr. G;
in the opinion that they are the best Caernarvon
slates, although they are a little thick. The
seconds were known by thtir being crooked, ribbed,
or mottled. I don't think these slates are crooked,
or have ribs or spots upon them, and consequently
look upon them as first-class Caernarvon slates. I
have been an architect 30 years.
Cross-ebamined : I was apprenticed to an archi-
i te.A. I don't think there are five slates ha the
hundred that will reach anything like half an inch
in thickness.
By the Judge: I went fairly through the bulk
of the slates. I did not take the bottom row only.
I reached where I could and gave them a fair ex-
amination, so as to enable me to say what they
are, and they are a fair sample of the Caernarvon
slates.
Joseph Howse said: I am the defendant in this
action, and am ,a. builder at Woroester. About
last April I had contracts for the erection of three
houses. Those buildings required the best slates.
I wrote to plaintiff for ft quotation, and I had it,
and afterwards sent an order for Caernarvon slates
at 10 guineas per thousand. Some time in July I
saw the plaintiff in Worcester. He said there was
a delay in the slates through some, delay at the
quarry. He said if I would have some Penryn
slates he would send me some at once. He quoted
the price for the Penryn slates, whieh were a larger
price. They came, and they were all of first-rate
quality. I was satisfied with the Penryn slates,
both as to their size and price. • Some time in July
~• •

illam