The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-02-29 00:00:00

IMPORTANT RAILWAY COMPENSATION
CASE.

A case of some importance, which occupied the
Court of Queens Bench all day on Tuesday, was
brought to a chew. on Wednesday. It was no action
for damages against the South Western Railway Com-
pany by the representatives of a gentleman named
Baker, who resided at Hounslow, in consequence of
his death having, as was alleged, been occasioned by
an accident on the defendants' line. The accident oc-
curred as long ago as March, Ifififi, and was a very
severe injury to one of Mr. Baker's hands which was
occasioned by the door of a carriage being suddenly
slammed while his har.d was on the frame of the door.
He was at the time in the act of resisting some persons
who were attempting toforce their way into thecarriage
(which was f ull) at Barnes station, it being the day of the
University boat race. Mr. Baker apparently got well,
but afterwards symptoms of softening of the brain and
paralysis appearei and hint September he died. There
was souse doubt whether the injury was really the cause
of his death, but the balance of medical opinion was
strongly in favour of that hypothesis. The company,
from the first, denied their liability, but a clerk in
their service, named Case, had paid him L 75 on his
signing a receipt of the following form :—" Received
front the South Western Company the sum of 1.75 in
.full
satisfcection of all *MAWS whattecr for toss, damaye, or
injury which may ham been or may be hereafter sustained
by mein consequence of the accident arida occurred to me
upon their fine." At this time the deceased had no
doubt that Le was cured, and the question arose
whether now that he had died (supposing his death to
have been caused by the accident) his relatives were
barred by the receipt of seeking further compensaton.
An important element in the ease was that the company
repudiated Mr. Case's procedure, and Dr. Vine, a
medical man whom the company had sent to see
Mr. Baker, denied that he had endeavoured to bring
about a settlement.

Mr. Serjeant Ballantine, for the defendants, said
that since the trial opened he had had an opportunity
of further considering the case, and of communicating
with the secretary of the company, and he was of
opinion that it was not necessary to prove that the
accident was the entire cause of death, but that if it
facilitated it by acting on a man of nervous tempera-
ment, it would be sufficient to maintain the action, and
that he did not feel he could call eminent medical men
to dispate it. Ile had been informed that the witness
Case had far exceeded his instructions in settling the
case, and his conduct was such as could not be coun-
tenanced by the company. Under the circumstances
he thought it useless to struggle further, and the
company consent,d to a verdict against them for
1:2,300, to be divided between, the family. The coins
pithy had always directed that no arrangement should
be come to in these cases except through Mr. Crombie,
their responsible solicitor.
The Lord Chief Justice said that so long as that was
acted on everything would be done with perfect safety
by that gentleman.
Mr. Hawkins, for the plaintiff, said he had no inten-
tion t, cast any reflections upon Mr. Crombie or any
of the responsible officers, but upon Mr. Case's con-

The Lord Chief Justice said it ought to be clearly
understood there was not the slightest imputation on
Dr. Vine. Be seemed to have properly discharged his
duty as a medical officer of the company, and the re.
flections that had been made on him arose from some
misapprehension on the part of Mrs. Baker. Mr. Case
in his zeal for the company had gone too far. He was
happy to find there was no possibility of such a thing
occurring in future.
Mr. Hawkins said he bad agreed to a verdict for
£1,300, to be divided in the following manner —5OO
to the widow, and £2OO to each of the nine children.