The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-07-24 00:00:00

ROWLEY REGIS.

ALLEGED- DAMAGE BY MINING OPEUATIONS.—Jones
and Another .Dawes.—At the Stafford Assizes, on Thurs-
day, hefore Mr. Justice Grove. This was an action
brought to recover damages, laid at £l,OOO, tot injury
occasioned to certain property by mining operations. Mr.
Powell, Q.C., with Mr. Jed were for the plaintiffs ; and
Mr. Motteram, Q.C., with whom was Mr. Bosanquet, de-
fended.—The pliintiffs were Messrs. T. P. Junes and
Richard Miner, trustees of the late Mr. Thomas Jones,
iron and coalmaster, who owned land near to Rowley
Regis. Owing to mining operations carried on -by the
defendant, plaintiffs property was greatly injured. Iu
1830 the late Mr. Jones purchased the property, which
is on the border of the county of Stafford, and by his wilt
left it to his wife, and afterwards the trustees, the present
plaintiffs. Mrs. Jones resided there until her death,
which took place in 1870. In the following year the
walls of the house commenced to crack, and the injury to
the property increased to such an extent that in 1873 the
cellar arches gave way. The doors and windows also
presented signs showing that the property WAS being
greatly injured. The plaintiffs were led to believe that
the damage was occasioned by the defendant's mining
operations, and although the defendant was informed of
the fact he denied that such was the ease.—Mr.
in opening the case, said he believed that a part of the
defence was to the effect that the house was built upon
shifting sands, and that the Papidation was occasioned
owing to the loose nature of the foundation, if that
was the case it was very strange that forty years should
have elapsed before any cracks were to be seen in the
walls. A tunnel in connection with the Stourb.idge Ex-
tension Railway passed under a part of the property, and
it might be contended that the injuries hau been cauried
by the construction of the tunnel. He pointed out that
although there was sand on the top the house was built
upon a substratum of blue rock. He was prepared to
produce evidence showing that although the colliery was
situate a distance of 160 yards from the house in ques-
tion, the character of the workings in the thick coal
pointed to the mining operations as the cause of the in.
juries. The damage to the house amounted to .£3OO, in
addition to which adjacent land had been "swagged,'
and otherwise kuocked about, so that it was
rendered totally unit for building purposes. The
damage to that portion of the property was fixed at
tl,ooo.—The plaintiff and other witnesses gave
evidence in support of the above statement.—Mr.
Barker, who is acquainted with tbe defendant's wolkiugs,
grive evdience to toe effect that there was a steep rise to
the extent of two and a half yards in three yards in the
direction of Olive House, where the late Mr. Jones re-
sided.—Several witnesses gave it as their opinion that
tire injury to the property had ln en occasioned by &feu-
daut's mining operatious. Three witnesses were also
called and questioned as to the damage, and their opini-
ons as to the ana,.unt of damage sustained differed but
title fi om that mentioned in the opening Statement......
For the cefence, it was contended that cracks hart been
no:iced in the house and stopped up by a builder fourteen
or 'item' years ago, whereas toe thick seam of coal was
not worked until 1871. Also that tile house, which was
...vex a strong one, had b.ten built on a sandy foueda-
tion ; that it had been weakened by repeated additions ;
and, further, that it was at too great a die:eine to be
affected by the workings of the defendant.
Further hearing of the ease was adj iurned.