The Daily Times.
Liverpool, Merseyside, England, 1860-12-24 00:00:00

ACTION FOR GOODS SUPPLIED.

BATE AND Ora Ens v. HARE.—The plaintiffs ate
tailors and drapers, carrying on business in Lord-street,
and the action was brought to recover the sum of
£26 4s. 11d., for goods supplied and delivered. It
appeared that the defendant had been for some years a
customer of the plaintiffs, and always paid his accounts
regularly. In 1856, the defendant, who was about to
proceed to fnclia, ordered the plaintiffs to supply him
with an outfit, which was duly made according to his
instructions, and delivered by a servant in the employ of
the plaintiffs. It was contended for the defendant that
the goods were ordered by his Mother, and that she was
liable ; but, her husband having since passed through
the Bankruptcy Court, the plaintiffs were consequently
endeavouring to establish the claim against the son. A
verdict was returned for the plaintiffs for the amount
claimed.

PURCHASING A PUBLIC-HOUSE.---SINGULAR
DEFENCE.

ELSTON V. EABY.—The plaintiff was the owner of
a public-house, situated near St. John's Market, and
known by the sign of the Dive, and Art Treasures
and 1 the or nerty
try public auction in January last. The defendant was
present, and previous to the commencement of the sale
he went un to the auctioneer, Mr. Wright, and asked
him if, in case he became the purchaser, he would take
an until the following morning, when he would
pay the amount. The auctioneer replied in the affirma-
tive, and the sale soon after began. The property was
put up at £5OO, and ultimately, after several bids, was
knocked down to the defendant for £760. The defendant
afterwards went up-stairs with the auctioneer and
signed the necessary documents, after which he went
with several friends to the Masonic-hall, and partook of
a substantial supper, at the conclusion of which his
health was proposed, and he was congratulated upon his
purchase. He duly responded, and the company at a
late hour broke up. He subsequently left the town, and
wrote a letter to the auctioneer acknowledging that he
had purchased the property, and requested the auctioneer
to allow him a few days to pay the amount. The
property was, however, put up again, and sold for only
£420, and the action was brought to recover the
difference between the amount of the first sale and the
one in February. The defendant pleaded that he was
that drunk at the time he bought the property, and for
several days, that he did not know what he was doing.
The defendant's counsel agreed, when the case had pro-
ceeded some way, to a verdict for £3OO.

NISI PRIUS COURT.—SATURDA.T.
(Before Mr. Justice BLACKBURN.)
PLATT V. HOWARD AND ANOTHER.—ThiS case, an
outline of which was given in our paper of Saturday,
was resumed on the morning of that day. Mr. Monck,
Q.C., Mr. Hindmarsh, and Mr. Mellish appeared fcr the
plaintiff; Mr. Edward James, Q.C., Mr. Ovens, and Mr.
Aston represented the defendants. Some years ago con-
siderable difficulty was experienced in the manufacture of
cotton and wool by reason of the impediments presented
in efficiently and carefully coiling the drawings after the
operation of carding. Ia the year 1844 Messrs. Tatham
and Cheetham secured a patent for improvements in the
coiling apparatus, which invention, though to a great
extent useful, had serious disadvantages. Two or three
years after the invention of this machine, a mechanic
named James Houghton secured letters patent for im-
provements in machinery and apparatus to be used in
the preparation and spinning of cotton, wool, and other
fibrous substances. The first patent has expired, and it
was for an infringement of the second that the present
action was brought. Before the defendant's case was
concluded, the case had been settled by the mutual con-
sent of the parties.

CLAIM BY A LANDLORD.
GREGORY V. WARD.—Mr. Overend, Q.C., and ano-
ther learned counsel appeared for the plaintiff in this
case, and Mr. James, Q.C., and Mr. Mellish, for the
defendant. The plaintiff was the defendant's landlord,
and sought compensation for an alleged wilful holding
over or :refusal to quit on the part of the latter. It
would appear that the defendant had been a tenant of
_Greenbush Farm before it came into the hands of the
present proprietor (the plaintiff in this action). At that
time the rent called " yardage," that is for hay consumed
off the farm, was at the rate of one shilling. Shortly,
however, after the plaintiff took possession, it was
doubled ; defendant objected to paying the twn shilling
yardage, and refused also to quit, and did not leave for
twelve months, when he received the sum of £3 as corn-
pensation. The defendant in the case of a wilful hold-
ing over would have had to pay the double value or
double rent. As it was, however, it appeared that be
had been labouring under a mistake, in supposing that
the plaintiff had agreed to reduce the price, and it
further appeared that the defendant was not undeceived
until, upon going to pay his rent, he was told that it
could not be received, as he had not for the last twelve
months been a legal tenant. The jury, therefore,
returned a verdict merely for the amount of the rent and
yardage during the time he had been holding over.
CLAIM AGAINST THE LANCASHIRE AND YORKSHIRE
RAILWAY COMPANY.
HOLT V. THE LANCASHIRE AND YORKSHIRE RAIL-
WAY COMPANY.—Mr. Edward James, Q.C., and Mr.
Mellish represented the plaintiff in this action, and Mr.
Overend, Q.C., led the case for the defendants. The
plaintiff is a cotton manufacturer, residing and carrying
on business at Blackburn in this county, and he sought
to recover from the defendants compensation, by reason
of their negligence having caused the death of his son.
The deceased was 28 years of age, and on the 20th of
April last he had been in the country spending the day.
On his return he had occasion to go near the railway
station. The station, it appears, is very dark, and there
was only- one man to keep watch, collect tickets, and
attend to the general management of the station. 4. It
also appears that there is a road crossing the lines, and
that a sort of small tunnel has been made underthe
lines for the convenience of the foot-passengers who use
the road and may not like to cross the rails. At the
beginning of this tunnel there was merely the road, but
no fence or other protection. On the night in question
the unfortunate deceased was walking along this road.
and unconsciously stepped into the tunnel, which was at
that part about 15 feet deep. He was shortly afterwards
found with his legs broken, and he lingered for a few
days and then died.- The deceased was general manager
for the plaintiff, his father, who has two large' factories,
one at Blackburn, and another at Chorley. The plaintiff
used to pay him 14s. per week, and now he is unable to
get a competent manager for less than £5 per week.
Since the death of the plaintiff's son the business has
not gone on so well as before ; riots and disturbances
have oc3urred, which his son, from being so general a
favourite, would probably have prevented. A written
admission was handed in from the defendants stating
that they did not deny the fact of the station being badly
lighted, er that there was no fence to protect passengers
from falling into the passage ; they did, however, deny
their liability in this case.—The jury found a verdict for,
the plaintiff for £250.
HARRISON V. LONDON AND NORTH-WESTERN
RAILWAY COMPANY-IA this case the plaintiff was

Mrs. Harrison, . widow of the deceased, who was
, the.
,defendants'. employment, and was
killed at th'e' E-86-11ill station. . James, Q.C.,
and Mr. Mellish, were &Rinser for the plaintiff ; Mr.
Overend, Q.C., and Mr. Quainoreiiilienting the defend-
ants. The accideat, which resulted in the lese of Harri-
son's life, happened in July last. The Preston train
came into the station about ten o'clock at night. To
get into the down rail for Liverpool, the train required
to. he shunted into a siding.- Harrison was about the
IMe's 111re,11 the' shunting took place, and was shortly
iftertiaidi wits Ms head severed from his body.
There riot hag stifficen't edidettee. to fix upon the de-
feadinti an'y n'egteCt On' iffe titeasioll, the plaintiff was
nensated.
Vie court adjourned soon after seven o'clock.

LIVERPOOL VOLidkbOURT:—SATURDAY,

(Before Mr. RAFFLES.)
BOOKED FOR SAFETY.

The !NA kovi hwie a great deal to answer for
this year. Like Vnborn," upon whom is
laid more charges than the teidoieti of Hercules would
be able to bear, all the offences of heileg drunk and
incapable, and chunk and disorderly, have been set down
to the frost and snow account. On Saturday there was
an unusual number of persons, male and female, brought
before Mr. Raffles on charges of being drunk and booked
for safety. Amongst the men were several of " respec-
table" appearance; and who were described as persons
in business. The excuses made' were like the following,
--zone slipped &own on the ice, another fell down in the
stlo3, other's took a drop to keep out the cold, more met
wiith frieals irt, being Christmas times they had a
drop and so on. S'om'e tif the excuses were held valid,
a'nd rn other' cases the " " -" atteh cases, made
and p'revilded," was inflicted:
'R. •SA OtT6 A_ULL

• •
Joseph Ashton, a blacksetbi iliEreiton
Vil-
lage, was brought up. by officer 7d3, eliarge of
having committed a violent assault on a young vomit
named Sarah Fullop, the sister of his wife. The officer
heard cries of murder and police, and on going to the
house he found the young woman on the floor, the
p'r4o'ner standing oifer her with a poker in his head,
and his vinfe %,eventirig hint from striking her. The
girl was bleedine pi•OrsAy front a NVottnd on her fore-
head. He took tier' to i'he dVSpensary and had her bead
dressed. The doctor said the vie/MI Was. Very serious,
but her life was not in danger at preseni. the young
woman said she was at the prisoner's house the pteil'Ons
night, when he commenced beating his wife. She went
between them, when he struck her with a poker on the
head; inflicting the wound. She said the prisoner was
in the habit of ill--using his wife (her sister). The
rifit46,sfhi#lTurt'of ty• tiro ehunitgn,.•airi inn very careless
ifkii that he fa &tint and did not remember what
happened. lie forniteek.-

A PATRON OP PAT BAEr..
Charley Murphy, a very "old hand," abod .16
of age, who has just come out of prison for aboat t'h'e
twentieth time, was brought up charged with having
attempted to pick the pocket of a Mrs. Anne Smith, who
lives in Circus-street. The lady was in St. John's
Market, and was detained by a crowd that had collected
to admire some prize beef, and amongst the admiring
individuals was the prisoner, and he seemed loud in his
admiration of the beef and mutton, and took great pains
to point mit to other persons the various beauties of the
legs altid other pcottlan9 of sheep that hung up so
i'ntifing?f Vetere. &el* end whilst pointing with one
hand to flie deed giffet the Differ*hand was working
indtistrioniq fild fOr's pbtketi but she was too
elution's, and seized his arnl4 fie giot away( but was
captured: He Was sent to' gaol for three ttiontha: