The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-03-02 00:00:00

COUNTY COURT.

Bowmen Dower Cams.—lit the County Court, on
Wednesday, before Lindale Warren, Esq., Deputy-Judge,
this we. an action brought by William Hinett and Tho-
mas Gutting., of Kidderminster, against Mr. John Green,
of Shiver, to recover the sum of £lO for injuries re-
ceived and damages sustained in consequence of • colli-
sion with defendant on the 12th of November, at Stew.
poney. Ik. Sanders appeared for plaintiff, and Mr.
Collis for defendant. —Mr. Collis applied for a nonsuit on
the ground that the question of personal damages could
not be included in a joint action, as in such a cue the
damages could not be fairly assessed.—Mr. Saunders said
If • verdiet was returned for plaintiffs, they would assess
the damages between them.—Mr. Collis pressed his ques-
tion on legal Founds.—His Honour said It was clear that
it was a eau where personal damages were claimed by two
persons, and it could not be included in a joint charge
without the consent of both parties.—Mr. Slanders said
if Mr. Collis would not consent to that course, he should
withdraw one of the plaintiffs, and bring a separate ac-
tion at the next Court.—Mr. Collis eventually consented
to the cause proceeding upon the whole issue.—From
the evidence of plaintiffs, it appears that they, with some
friends had been to Wolverhampton on the above date to
see some friends, and were on their way homewards.
They had got a short distance past the Stewponev, and
were going at a quiet rate, when they saw defendant who
was driving • trap coming in an opposite direction, about
100 yards away. They drew into the gutter. and defend-
ant ran into them. The force of the collision knocked
Hinett and Gittings into the road, the wheel of the cart
went over Hinett's leg, and Gittings's elbow was badly
injured. The trap was damaged. Witnesses were called
who corroborated plaintiffs' statements.—Mr. Collis, in
defence, said he should prove that defendant and a lady
were driving from Kinver on the above date, to Stour-
bridge station about eight o'clock, and they were walking
their horse up a slight incline, when they were met by
plaintiffs, who were driving at a furious rate. Defendant
was on his proper side of the road, and plaintiffs ran into
him. His trap was very much damaged. Defendant and
Mrs. Parrish gave evidence corroborating Mr. Collis'.
statement —Mr. Nash, landlord of the Stewponey Hotel,
gave evidence as to the state of both parties.—Hie Hon-
our said he would read over the evidence, and give his
decision the following day. On Thursday he said the
evidence was of a very conflicting nature, and he should
not decide upon it himself, but send it to a jury at the
next Court.
Cookson and Cu. v. the Great nestern Railway Cunt.
pany.—This was an action to recover the sum of ,f 6 2s
6.1 for injury done to a horse belonging to plaintiff,
through the alleged negligence of defendants ate crossing
at Brettell Lane, on the 7th December last. Mr. Perry
appeared for plaintiffs, and Mr. Bentley, of Worcester,
defendants. Samuel Eginton. carter to Messrs. Cookson
and Company, said on the above date he was taking •
horse and cart at the crossing from Brettell Lane to
Regentoitreet. As he was passing Over the line of rail
the horse's hind foot got in between the rails and threw
it down. It was a quarter of an hour before the foot was
got out. (lot it out with bars. The horse was lame for
three weeks. Cross-examined : It was a frosty morning.
The mare is eight years old, and blind. The hoof of the
horse was injured, and the leg.—William Bayliss, one of
the railway officers, said that on the above date he saw
the last witness leading a horse. As he was leading it,
the horse caught its fooot between the main line and the
rail guard. He had seen other horses wedged in the line.
and two others had their shoes palled off. Cross-exam-
iced : It only happens in frosty wether. It took three
or four labourers to get the horse's foot out with bars.—
Joseph Peyton proved that he assisted to get the horse's
foot out. He had seen an accident Nicer to another
horse previous, and one since—Richard Hammond, car-
ter at Mr. Bowen.' clay works, proved that one of their
home's was injured by the crossing —Emmanuel Cook-
son, one of the firm, said that the horse was injured on
the above date. The horse was ill for 18 days, but Mr.
Blakewsy said they could work him after 14 days had
pissed. Mr. Blekeway's charge was 17s 64, and plaintiff
claimed 7s eid per day for the lose of tim.—Mr. Bentley
addressed the jury for the defence, and sailed James
Goldsby, foreman plate-layer, said the line across the
road had been constructed since the ordinary line was
made. He saw the horse's foot in the rails, between the
guard and main rail. They are bound to put the guards
down to protect crrriages to cross. The rail was very
Arm. The cause of the accident Was the shoe of the
horse being turned up. Had it been fiat, the accident
would not have occurred.—Other witnesses were exam-
ined, and the jury found a verdict for plaintiff tor the
full amount claimed and costs
BIRD V. CHANCE.—This was • claim for board and
lodgings and washing supplied to defendant's wife, Han-
nah Chance, from the 9th of June till the 22nd of De-
cember, 1871, at 15s per week. A jury was empanelled
for defendant. Mr. Perry appeared for plaintiff, and
defendiuit conducted his own case. Mr. Perry, in open-
ing the case, stated that the plaintiff was a basket
maker in business at Stourbridge, and the defendant an
engraver also in business in the same place. They were
related, the plaintiff being defendant's brother-in-law.
Defendant and his wife had been married upwards of 40
years, and had lived happily together for more than 30
years of that time. Unfortunately disagreements had
taken place, and they were now living apart: and since
1868, several actions had been brought spinet the de-
fendant for the maintenance of his wife. Defendant had
paid Ell ts into Court, which was at the rate of So per
week. Plaintiff was called, and deposed to defendant's
wife being maintained by him at his house since the
9th June last. In cross-examination, he stated that he
had returned his income under £lOO per annum. Be
had six children living with him. Mrs. Chance and his
family all lived in common al the same table. He could
not say what his income was. It was over £2 per week.
He was certain that it cost him more than an average of
As per week, per head. Mrs. Chance was called, and de-
posed to defendant's means, showing that he was in re-
ceipt of £2OO per annum from house property and £3
per week from his business, when she left him' Defend •
ant stated the offers he had made to avoid litigation. He
was willing to allow his wife maintenance according to
means. His net income for the last three years, per mi-
..— ~..
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. .
num, ha, been £53 10 from property and £22 from his
business. His Honour summed up, and the jury riturned
a verdict for the defendant.

WATER WORK. COMPANY.—A meeting of the share-
holders, at which Mr. W. B. Collis presided, was hell on
Monday. the 26. h Feb., 1872, when a dividend of 5 per
cent, per annum was declared for the half year ending
3lat Dee., 1871.
LECTITIRR.—X lecture was delivered in the Grammar
School by the Re. W. J. J. Welch. on Thurs lay, tlie
subject being Switzerland and tile !thine; then- beau-
ties, antiquities, and legends. There was t good attend.
anus. Tue lecture, which was eery ably delivered, was
very interestinghand instructive, lasted two hours. Mr.
B. Sammie presided at the pianoforte in his usual briUiant
style.
, TRAIMER.—At the Petty Sessiens, yesterday, before
Major Fletcher and M . a L. Freer and C. P. Noel,
the following transfer took place :—The Crown Inn,
Cook (deceased) to Rosanna Co* his if.. Tha trans-
fer of the Malt Shovel, Norton, was ordered to stand
over for a week. _ _ .

_
NO. At the Petty Sessions, yesterday, be.
fore Major Fletcher, Samuel and Henry Brettle were
charged with acing threats to Charles Perry. Complain-
ant said defendants were his brothers. They hid el.
pressed their regret, end he was willing to withdraw the
ease on their paying costs. Withdrawn on payment of
fis 6d each. _ .

Dimwit AND RIOTOIIS.—Before Major Fletcher, and
Messrs. B. L. Freer and C. P. Nwol, Joseph 'Price and
Maria Hampton were charged with being drunk and riot-
ous, on the 19th tilt. Mr. Well prosecuted, and Mr. Ad-
dison defended Hampton. After hearing the evidence,
the Bench dismissed Price. and fined Hampton 2s 6d and
costa, V. 3s 6d ; in default seven days.
. . .

ASSAULT.—ilizabeth Tombs was charged by Mary
Dennant with assaulting her on the 24th tilt. From the
evidence, both parties are neighbours, and on the above
date defendant struck her twice. Several witnesses were
called to prove the case. The assault was not a serious
one, and defendant was fined 64 and costs, 17s.
JUVENILE DELINQUNNTIL—JOhu Dixon and Thomas
Abernethy, two juveniles, were charged with stealing a
loaf from the shop of Edgar Griffin on the 29th ult. The
case was proved, and Dixon was ordered to be imprisoned
24 hours, and to have 10 blows with the biroh rod. Ab•
ernethy was committed for one month, and afterwards to
a Reformatory for five years.