The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-10-26 00:00:00

THE STOURBBIDGE OBSERVER.

on the platform, the door being throwh back. I
was partly stunned. When I came to myself
the station-master asked me to go into the sta-
tion to wait awhile. He did not make any com-
plaint to me. I saw the station policeman there.
I was under the doctor's hands for three months.
My hearing is injured; also the spine of my
back. I cannot stoop to do my work. My sight
is also injured. I cannot see to thread a needle,
and cannot get up potatoes as before.
Cross-examined: I was in a third-class com-
partment, which was near the engine. There
was a dense fog, and the train over-ran the plat-
form. The carriage I was in did not pass the
platform. I should think one carriage overshot
the platform. I heard at the station " Hagley "
called out. When the train overshot the plat-
form did not hear any one call out "Keep your
seats." My husband was at the station. I was
not told to keep my seat either by my husband,
the station-master, or the policeman. I did not
tell the station-master I should not have got out
if the people had not hurried cue out. Did not
fall into the guards' arms, or any other person's.
John Lord Hobbs, surgeon, of Clent, said he
attended the plaintiff for more than three months
and his charge was .t. 5 103. The plaintiff op.
peared very weak and low, and complained of
concussion. She had some bruises on her body,
and he did not think she would ever be so well
again.

Crest-examined: My charge is 3s Gd per visit.
I attended her once a week the latter part of the
time, but oftener at first. She is still suffering
from the effects of concussion. I find she com-
plains of her memory not being so good, and
dimness of sight.
. • . . . . .

Re-examined: I have heard plaintiff complain
of the symptoms she is suffering from, which
would be in accordance with concussion.
Mr. Young, for the defendants, contended
there was nothing to answer, as no case of negli-
gence had been made out against the company's
servants, and suggested that plaintiffs be non-
suited.

- -
His Hononr asked the learned Counsel if he
could point out any case bearing upon the ques-
tion.
Mr. Young then referred to the case of "Plant
v. Midland Railway Company," 21, Law Times
836, "Bridges v. North London Railway," 40
Law Journal, 188, which showed that the fact of
calling out was not an indication for persons to
alight.
His Honour said there was no indication that
the time had arrived for the train to stop. It
was not his intention to give a verdict until he
had looked over the various cases cited.
Mr. Young said the facts were the train had
arrived at Hagley from Dudley. It was as the
plaintiff had said, a very foggy night, and the
rails were greasy, and the result was that the
engine and three carriages overshot th e platform-
He should call witnesses to prove that the name
•' Bagley," was not called out as the train came
in, but that the station-master, the guard, and a
Police-constable who was on duty called out,
"Keep your seats," and an independent witness
who was travelling by that train heard them;
and that the injuries received by the plaintiff
were caused by her getting out of the train
whilst in motion. If he proved these facts he
should ask the Judge to give him a verdict.
Peter Bullock deposed: I am station-master
at Hagley Station. On the 20th January 1 was
at Hagley Station on the arrival of the train 8.31
from Dudley. It was foggy, and the rails greasy,
and judging from the speed it was coming
thought it likely it would overshoot the platform.
Before the train had stopped I called out" Keep
your seats." The guard and policeman also cried
out, " Keep your seats.' The engine and three
carriages overshot the platform. At that time
no person called out the name of the station. I
gave the driver the signal to come back. At
that time all appeared safe, and no person was
getting out. The train Was backed the length
of three coaches and the engine. I saw the
plaintiff attempting to get out. It was at the
time the train began to move backwards, and it
had got back the length of a coach and a half.
The guard ran towards plaintiff, to prevent her
getting out. She fell off the step into the arms
of the guard, which broke her fall. Saw plain-
tiffs husband on the platform. He stood about
five yards off. When the plaintiff getup he said
to his wife, "Why did you get
,out when you
heard them cry out, • Keep your seats.' " He
did not hear the plaintiff reply, but asked her
bow it was she got out of the train before it had
stopped. She said the parties inside hurried her,
and -that if she did not get out she would be
taken on to Kidderminster.

Alfred Marlborough, police-constable, in the
employ of the Great Western Railway Company,
proved that he was at Hagley Station when the
train was approaching, and thought it would
overshoot the platform, and cried out, " Keep
your seats," as did also the last witness; and
corroborated the preceding witness in other de-
tails.

Thomas Smith, goods' guard, said he was
with the train in question. He was two coaches
from the carriage of plaintiff. He saw her get.
ting out. Just as she was coming out plaintiff
fell oil the step against him, which partly broke
the fall. The train was then nearly at a stand
still, as it had come nearly a coach and a half.
The husband came up at the time of her getting
out, and asked her how it was she got out before
the train had stopped.
John Vaughan, fireman, corroborated.
William Wilkinson, anvil and vice manufactu-
rer, of Dudley, said he resided at Churchill, and
was in the train in question. He heard the sta-
tion-master and porter cry out, " Keep your
seats." That was at Hagley Station. I first saw
the plaintiff on the floor. I got out as soon as
the train stopped.
Mr. Perry replied, and suggested that the
matter be disposed of, as the plaintiff was a poor
person.
His Honour remarked that in the face of such
overwhelming evidence he must find a verdict
for defendants. That the fact of plaintiff get-
ting out of the carriage while in motion contri-
buted to the injuries she had received, and,
however his feelings wore for her sufferings, he
was constrained to find a verdict against her.

doubt the younger prisoner was acting under the
direction of the elder one, and they should dis-
miss her. The elder prisoner was committed to
Stafford Sessions, bail being accepted in two
sureties in £4O, Ind herself in £OO.
ASSAULT CASE.—Charles Lock, of Wollaston,
was charged with assaulting Myra Smith, on the
26rd inst. Mr. Perry defended. Complainant,
who is the wife of P.C. Smith, of Wollaston,
said she was in the house and heard her boy
cry out. She went to see what was the matter,
when she found the defendant had got hold of
her boy by the ears, and was shaking him. She
asked him why he did it, when he caught hold
of her by the hair of her head, pulling a quantity
of hair out. She struck him in self-defence,
and they both fell down together. A witness
was called fer the defence, and it was proved
that both parties fought. The Bench dismis-
sed the case.

CHARGE OE EVADING Tou.--•-Thomas Dobbs,
of Hagley, was charged with passing through
Pedmore Bar, without paying toll. Complain-
ant, in answer to the Bench said there was no
board or table of tolls erected, and, as the Bench
said, the law states that a table of tolls should
be erected and painted with black letters and
white ground, the summons must be dismissed.
CRICKET.—A Committee Meeting was held on
Tuesday night, at the Talbot Hotel, Mr. E. Hill
in the chair. Mr. H. Davis was elected secre-
tary pro tem., and a person was appointed to col.
lect the out-standing accounts. We believe it
is the intention of the club to engage a proles.
sional bowler for next season.

SOIREE.—Our readers will see, on referring to
our advertising columns, that a Grand Soiree
will be held in the Corn Exchange, on Monday
evening next. P. Amphlett, Esq., Q.C., M.P.,
will take the chair, and several eminent speakers
will attend.
BURGLARY ON SUNDAY NIGEIT.—The house of
Miss Scott, No. 36, Market-street, was entered
by thieves on Sunday night, while the inmates
were absent at church. The place was ransacked.
Information was sent to the police station, and
Superintendent Freeman went and examined the
premises. An entrance had been effected by
forcing back the catch of the sitting room win-
dow, with a knife or some other instrument. The
drawers and boxes were searched for valuables,
and a cash box, containing six and a half sove-
reigns had been smashed, and the money ab-
stracted. Another cash•box, which belonged to
Miss Scott's friend, had been forced open with a
"Jemmy," and three and a half sovereigns taken.
A number of articles of jewellery had also been
"requisitioned," amongst them a gold-keeper
ring, a pair of gold-framed eye-glasses, a lady's
ring set with pearls and garnets, another set
with a diamond and rubies, another set with
pearls and turquoises, a ring set with dark brown
hair, a pair of gold ear•ringa, and a number of
brooches. A cupboard in the kitchen, contain•
ing a number of silver spoons and other silver
articles, had been forced open, but singularly
enough the silver bad not been touched. The
thief left the house by the kitchen door, which
opens into a passage leading to the street, leav-
ing the door open. Strange to say the police
were patrolling the street during the time the
robbery was being perpetrated. We would cau-
tion our readers against leaving their hcuseg
untenanted during the dark winter evenings.
STOURBRIDGE ASSOCIATED INSTITUTE.—Of the
classes held at the Institute last winter, only the
Arithmetic Class went in to the Society of Arts'
Final Examinations. Five students were exam-
ined, and four of them have been awarded certi
licatea by the Council, as follows: Second class,
Edward Vaughan; Third class: James M.
Gething, Charles Hammond, and Joseph W.
Woodward. Though the examinations were held
in April last the Council has only now made
known the results.