The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1880-03-02 00:00:00

(Tunday, February 21 Before Mr. Justice FIIILD and a

special Jars.)

COX Y. LONDON AND sount•wanzm RAILWAY COMPANY.

The plaintiff, Mr. Cecil Cox. Li a butcher and provision
and game dealer at Dorchester and he claimed .13,000
&images li.r injury 'moraine.' on the defendanti railway,
priolug and for expenses attending
illness ani conwermat luso rf buainiss
Mr. C Min., Q C. and Mr. Winch were for t'isi plaintiff.
and Mr. B.lj alit liallautine and Mr. Arbuthnot were for
defendants

In opening the plaintiff's case, Mr. C 'nine add the
railway c nopany admit id the negligence, and the real
question for the i.oy w,ukl be tho amount of damages to
which the plaint if wu ent'tled. Mr. Cox had lived at
D uthe.ter for Ae V. 1,1 years and he had a very good busi-
ness. He was in tae habit of attending fairs, markets,
and sales in D wait and the adjoining counties, and in the
month of N 1877, he was so &Wending a market
at Wareham, souse ten or twelve miles from Darchiater,
and he returned hy train on the defendants' line about six I
In the evening. Just before running into the station at 1
Dorchester. there is a junction from the Weymouth line, 1
and it unfortunately happened that while the plaintiff was i
In the train, We 8.41 train from Weymouth came violently
Into collision with it. The carriage itself was much ,
Injured. and plaintiff was considerably shaken. He was
conveyed home in the omnibus, and was at once taken to
bed, where, the same evening. he eat Been by Dr.
Henson, the railway company's doctor, and Dr. Good, the !
plaintiff's own doctor. He remained in bed for shout
three weeks. ant ibouah be afterwards trill, I to attend t
business, he found himself seriously injured lie could
not attend to busineee as he formerly had, and there had
been • coosiderable fallinguff in business.
The plaintiff was then called and examined by Mr.
Winch; but attar some preliminary questions,
M. fierjeant Ballantine said be would admit that
the plaintiff was entitled to .131 10'.. the medical and
nursing expenses, and CIO on account of sums paid to per-
sona employed to attend fairs and mediate during plain
-
sirs illness.
With referenc to the claim of £3lO for loss of trade
and profit; witness replying to Kr. Winch, said he had
brought_ with him books that would fully show that loss.
His boas did not show all his dueling".
Kr. Winch : Have you had any toes of profits
Mr. Justice Field: I cannot have the question put in
that
Krway.. Bailout Ballantine: I have come to the conclusion
that this gentleman has not lost a penny. In all human
probability. according to the state of the market', he has
gained. (Laughter.)
Kr. Collins : Then the more passengers you damage the
more good you will do. (Laughter.)
Ilr. Justice Field suggested that counsel should come to
some arrangement. You have got .C4l 10s. already; see
how moth more Brother Ballantine will give you. (Turn-
ing to flerjeant Ballantine): Be liberal, Brother Behan-
SiliZfor own. (Laughter.)
. Sedum% Ballantine: I have done • little in the
farming Weiner myself —Gaughter)—and I would make
an offer at once, but the solicitor is not here.
The case then proceeded, and witneas added: I had
cc!pain after the accident. I wee hurt in the head,
and lip. On coming down stairs at the end of
three weeks I could not walk without • stick, and after a
week or ten days I had to take to bed again, where I
remained a week or ten days. In March, 188, I was
main obliged to take to bed. I was then in bed for a
fortnight, and since then I have been crippling about.
My health was very good before the accident. I was •
strong men, and could luny a 11).score pig; since then I
have not been able to lift heavy weights, nor for a con.
elderable time to attend lairs or look after business. I
=to attend the Dorchester market about the January
Wing the accident, but not the outlying markets.
Cross-examined by Kr. Serjeant Ballantine: I have had
a few accidents in my career in cases where I have been
Insured. They were not railway cues, and I believe there
were only two ; but my memory is bad.
Your memory has been affected by this accident 1-1 tall
you It is.
Well, don't be angry with me ;I am sympathising with
you. (Laughter.)--I was bitten by a dog for one, and wee
cutting up pigs when I cut my arm for another. It may
be more, but I can't recollect
• pitaast a dog you know Is nothing but a pig and a
dog. ( hear.) Just try and recollect. When on are
go politely hawed to sel am behaving to you, you ought
—You want no anistanos, Berjeisszt Batten.
Ater.)
swear you have not made claims for several
cannot say how miser.
pig anything for the dog?—Ye..
for the pig I-1 tell you I was cutting up the
fault of the pig. (Laughter.)
: his hardly a fair way of putting it. He
cutting up • pig and cut his arm.
a: Please be molter. Mr. Collins
sant Ballantine: You got something for nearly
your arm I—Yes. I cannot recollect that there
other claims; but I have been Insured a good
They were very small claims I had had
A made a dozen such Claims I—l think not, but
swear. I belong to the Railway Passengers Oms
in called upon the agent Since the accident !
epos him the same night,
g not go to a onseert on the same night? No;
she moms tack. I was put to bed &rear
A may have got uP again. (Laughter.) Will l'utl
on did not go to a concert will swear I did
next
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sight f—l will swear I did not there is no
out that.
a esut in any claim to thew I—Yak sir.
coil at their oaks in Iffl9 f —No.
wear you did not call upon them last year I—
' al this accident.
: Do. pray, follow the question. Hays you
omoss I—Their offices are at a bank.
t Ballantins Do ria/ yes or no I—l cannot

mil di)! on any matter did not
J.II did not see Mr. Robert Que Uwe I—l did not
know him I—Very well.
ea not tsfl Mtn you ebould lume a debt for
accirlsait—Yea