The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1880-08-21 00:00:00

THE FALL OF A CHAIN SHOP AT
CRADLEY HEATII

VERDICT OF MANSLAUGHTER AGAINST
THE OWNER OF THE BUILDING.
On ‘Vednesday afternoon, Mr. F. W. Topham
(deputy district coroner) resumed an enquiry at the
alutation. Inn, Cradley Heath, touching the death
or Ann Heath (55), the wife of Joseph Heath,
chainmaker, Lomey Town, Cradley Heath. The
facts have been already reported. On the 11th
inst., whilst the deceased and her daughter were
working in a shop occupied by them undtr Joseph
Billingham, a chaintnaster, of Cradley Heath, the
building fell, the deceased dying almost im-
mediately from the injuries she received, and her
daughter being sevetely injured.
Mr. W. 0. C. Addison now appeared to repre,ent
the friends of the deceased, and Mr. Wright repre—
sented the owner of the fallen chain shop ; Inspect°
Walters watched the proceedings on bebalf of the
Police.
The evidence called when the inquest was opened
showed that the shop was in a dilapidated condition
for some time previously, and that the landlord
(Billingharn) had been spoken to about repairs
being done, but had not had them executed.
Joseph Heath, the husband of the deceased, was
now iecalled, and had the evidence given by him
when the inquest was opened, read over. In reply
to the Coroner, he further stated that his wife paid
Billingham, the landlord, 3s. 6d. per week as rent
for the house and shop, and had before occupying
..he shop paid 2s. 6d. weekly for the house alone.
Billingham had repaired the adjoining shop to that
occupied by' witness, but not witness's shop that he
knew of.

Hannah Gill, Lomey Town, was afterwards called
and stated that she worked as a chaiumaker, in the
shop known as Garratt's shop, and adjoining that
which was occupied by the deceased. Witness's
shop fell at the same time as the deceased's shop
fell. The beam of witness's shop fell between one
and two o'clock on the day in question. This was
previous to the shop falling, and witness's husband
was going to see Mr. Billingharn to get it repaired,
but almost immediately afier it was discovered the
shop fell. She had not considered that the shops
were dangerous to work in, or she would not have
worked there. Witness never complained.
By the Jury: There was one prop up in front of
the building at the time it fell. She had not time
to warn the deceased, and could hardly pull her
husband outside before the shop went. The prop
was placed in front of the shop by Mr. Billingliatn's
son because the building had given way. A report
was circulated that the beam had fallen, and people
gathered around the shop d.ior to see it, therefore
witness thought deceased must have known about it
falling, bait could not say for certain that she knew.
By Mr. Addison : The beam was rotten, and the
tiles had been off the roof just over where- the beam
broke for about twelve months. They were, a :few
weeks ago, repaired by Caleb Billinghadr.
By Mr. Wright : There was no indication of
danger previous to the beam falling.
Thollats Garratt, chainmaker, Lutney Town, and
father of the last witness, said he had rent. 1 the
thop aujoining that of t,,e deceased for about 11
years. When witness oceujed his shop without a
house the weekly rental was Is. Tao building
when it fell, was not in a fair state of repair. It
had not been in a good state of, repair the last ,
two or three years, as the tiles had fallen off arid let

AlasSMI

wawa

the wet in. Witness did not object to the wet run-
ning in. He never thought there was any danger
of the property falling, and never complained about
the state of the shop untill the beam broke on the
(I;ty that the shop fell. Billingham then went and
looked at the place and said he would have some-
thing done to it. Deceased was in her shop at Iwo
o'clock, when witness discovered that the beam had
fallen, but witness did not tell her of the circum-
stance, because he thought it would not affect her
building.
By Mr, Addison : He did not remember ever
having complained to Billingham about the state
of the shop until about a month ago.
Sarah Heath, the daughter of the deceased, and
who was working with her in the shop when it fell,
and was injured, was assisted into the room ap-
p,rently in a weak state and sworn. She said the
shop previous to its falling badly wanted repairing,
and the deceased had often complained to
Billinghatu, the landlord, that it wanted repairs
done to it. He promised to have the place repaired
but had not done so. The shop was in a very
dangerous state, but witness and her mother con-
tinued to work in it, because they had nothing else
to depend upon to get a living. Witness's head
was cut and her body crushed by the fall.
By Mr. Addison : It was quite five years since
witness first heard her mother complain to
Billingham about the state of the shop.
The Coroner said the jury would notice that he
was particular in putting the question as to
whtther or not the occupants of the shop paid rent
separately and distinctly front the rent of their
house, because it occurred to him that if Mr.
Billingham received a separate rental for the shops,
his position was somewhat different to what it would
have been lad he allowed the tenants to occupy the
shop under the same rental that he received for
their house. He took it that it was the duty of
every person when they received rent for any
property belonging to them to see that it was in
such a fair, reasonable state ot repair as would
enable the parties who rented it to use it for the
purpose for which it was intendect. If they were of
opinion that Mr. Billingham neglected to discharge
thaccluty, it seemed to him (the Coroner) that
their:only:course would be to return a verdict of
manslaughter against him, because any person, if
he neglected a duty, and death ensued in con-
sequence, was guilty o manslaughter. If they
thought the evidence was not sufficiently strong to
show such negligence on the part of Mr. Billinghain
as would amount to manslaughter, then they would
return a verdict of accidental death.
The Jury, having consulted for about half an
hour, returned a verdict of "manslaughter"
against Joseph Billingham, and appended to their
verdict a rider—'That the Jury think there has
been some neglect on the part of the 1,2ca1 author-
ities, inasmuch as they have not seen that this class
of building was kept in a better slate of repair.
Billingham was then formally committed on the
coroner's warrant to the next Stafford Assizes for
for trial.

Upon the application of Mr. -Wright for bail, the
Deputy-Coroner said if he (Billing' :on) entered
into a personal surety of £2OO, and found two
sureties of £lOO each, bail would be al!owed.