The Express.
London, England, 1864-12-13 00:00:00

SOUTHWARK.

BI3GOLAR COMPLAINT AGAINST THE BRIGHTON RAILWAT

COMPANY.
Mr. J,seph. • pawnbroker, of Bermondsey, attended
before Mr. Woolrych, to prefer a complaint against the
London. Brighton and South Coast Railway Company for
refusing to pay 601., for taxed costs in an action decided
against them in the Sheriff's Court of Surrey, for com-
pensation.

It appeared that for the extension of the Brighton line
of railway near the Loodon•bridge Terminus, a vest deal
of property has lately been cleared away on each side as far
as New-cross. The defendant carries on business adjoining
the line at Bermondsey, and although his premises were sot
required, they were much damaged and the stock interfered
with oa account of the builduig materials flying about. As
the company refused to compensate him he brought an sc.
tion in the Sheriffs' Court for 7501. damages, and after
fair trial the jury awarded him 401., which carried costs. A
dispute afterwards arose as to the ability of the plaintiff to
sae in the Sheriffs' Court, but it was contended
that the taxed costs, amounting to 601., must be paid.
Application was made to the railway company in the usual
way, and as they refused to pay the complainant now came
before his worship, under the Lend Clauses Act, for a dis-
tress warrant on the company's goods and chattels for that
amount.

A barrister who attended for the complainant aid
that the costa were taxed on the 31st of August, and
on the 9th of September a written demand was made on
the company. Another application was made to the com-
pany on the 16th of November, but they refused to pay
either the compensation awarded or the taxed coats.
A clerk from the office of Messrs. Faithful, solicitors to
company, said the company had nothing to do with the
complainant's demand. If anything the contractor was the
party that ought to have been sued for compensation. The
railway extension certainly passed the street near coin.
plaioant's place, but they avoided his premises. lie was,
therefore, not entitled to more than five shillings from
them which they had offered him. The claimant had lately
lamed a writ against the company to recover the money ;
therefore, nothing oould be done until the isms was tried.
The barrister said that had nothing to do with it. The
sheriff's jury bad awarded his client 401. as compensation ;
therefore, the railway company were bound to pay the
caste. He referred his worship to " Turnham v. the Metro-
politan Railway Company," Law Journal reports, as a case
to point

/kr. Wootry& was of opinion that the complainant had
no locus standi against the company for the costa, as sup-
posing the company had a good plea in the action now being
brought against them Use costa in question could not be en-
forced.

The barrister said It sash was the ease sheriffs' powers
would beslroost melees.

Mr. Woobleb adjourned his decision for three weeks,
but observed that he thought it must be in favour of the
railway company.

PAINFUL DEATH IROH LEAD POISONING.

EcQUEST.—(THIS DAY.)
At noon, to-day, an inquiry was held by Mr.
Richards, deputy-coroner, ►t the Bricklayer's Arms Tavern,
Collingwood-street, Bethnal-green, reepecting the death of
Henry Roes, aged 42 years.
Mary Ross, 4, Essex-street, said that she was the widow
of the deceased. He worked at Messrs. Grace's white lead
factory. At the time of his death he workel at
Messrs. Edmoeson's lead smelting works, Fox-street.
Bethnal-green. He only worked at the latter place
three weeks. Messrs. Grace's factory was in Holy-
bush-place, Bethnal-green. He worked there from June.
He was a healthy man at the beginning of the year. He
Dever bad a fit till be worked at the lead factory. He began
to complain three weeks after be went to work there. He
got pains in his stomach, had slight choking fits, and his
limbs became contracted. A doctor told him that there
was no danger in that, " it was only the lead."
Coroner—When he got ill why did he not leave the
factory ?

Witness said that she begged of him to give up the work.
but ht said that there was no other work, and if he gave it
up he did not know what the family would do. He had
been a dock labourer. He speedily got mach worse.
He went to a doctor, who said that be bad as much
lead in him as would poieon twenty men. He got
tita front time to time very bad. He was •
most temperate man. On Thursday last he got • dreadful
fit, and mitoses took him to the London Hospital, where
they seemed to think he was drunk, and they said it was
not • use for them. She got an order for br. Daffier to
attend him. He died in convulsions on Saturday.
Mary Butler, 11, Fittetreok a young girl, and that the
was employed at the Fox-street Lead Smelting Works. She
saw the deceased at 6 o'clock last Thursday morning. Wit.
nen wag told by her mistress to ask him if he felt well
enough to work. He said, "Quite well for work, thank
you." Io ten minutes he fall m • lit. He Ina sent home
insensible.

Mr. Joseph George Dairies. If.R.C.S., said that be was
called to the deceased on Thursday laat. Ile wu insensible
and tremulous and was suffering from paralysis. Ile died
on Saturday. The poet-mortem examination showed that
the brain was congested and there war scrum effused in the
ventricles. There was a general effusions( serum in the dlr.
(erect organs. There bad been extensive inflammation of the
per itooeum, a membrane enclosing stomach and intestines.
That would give rise to great colic and bad been caused by
inhalation of lead poison. The cause of death was paralysis
from lead poisoning. He did not appear to have been •
drunkard.

Mrs. Edmonson said that the deceased bad been only at
work for three or tour days each week at the smelting fac-
tory, on account of illness. He said that his bead had been
affected : he had been 21 years at sea, and bad to leave it
because his bead was affected. It was through charity and
at hie own request that he was employed by witness. He
gave witness the idea that he had been • gay liver, and had
been given to drink. He said that he ha; lost nine children.
The Coroner said that the medical testimony negatived
the idea of intemperance.
Mrs. Roes recalled, said that deceased had been • sailor,
but be gave up the sea, merely because witness wished
it. He was an habitual drinker until eight years ago. He
had never been paralysed formerly, but he had had the
rheumatic fever.

Mr. Erato said that the deemed was last employed—
for one day only—in his factory on the 12th November.
Some of his workpeople had been employed there forty
ye Sri. Nevertheless the bustnedi was unhealthy. but. •
great deal depended on the employ's themselves. If they
were cleanly, washed carefully, and took opening medicine.
which was provided for them, they could to • great extent
obviate the effects of the lead. Deceased had applied for
work at first at another hr snub of the work; but he was
deemed too weak and would w.t be taken on.
Ti.. Coroner hens summed up.
The jury returned • verdict of " Death from paralysis,
from lead poisoning acting upon a weak constitution."

THE BRITICH 31USECNI. —The trustees of the
British Museum, in consequeoce of Ghristmaaday this
year falling on Sunday, have granted the to4pl-pe's in that
Institution a holiday on Mond sy, the 2nd of deanery, is-
' stead of Monde,v , the Nib inst. By this arrangement the
public will not be deprived of the opportunity of visiting
the museum. On the last occasion of Cbristmas-day
falling on Sunday the persons who visited the museum on
the day following exceeded 20,0 W.
Two FARM Lr.—o u Saturday night last,
Mr. Henry. Kirkby, of Uodrrbarroe, sod Mr. Robert
Lucre, of Leth, left Kendal to return home, after attend.
iug the market. Both resided at a distance of four or five
miles from Kendal, on the other side of the steep limestone
ridge known as Scout Sear end Cunavrick Scar, which arPa•
rates Kendal from the valley of Croathwaite, Lytb, awl
Underbarrow. They were well to do farmers, living oft their
own estates. The night ..01 dark and stormy, and floods were
out in all directions on the low lying lands below the Scar. Mr.
Kirkby, however, never reached that point. He was found on
Sunday morning lying deed near a limekiln not many bun.
deed yards distant from KeodaL Apparently he had fallen
from the top of the limekiln, and so been killed. The kiln
was not burning, bat some lime where be had fallen had bad
sufficient heat to burn his clothes in some places. It is sup-
posed that the deceased and his companion had been taking I
• short cut from the cud of the town into the tinclerber-
row-road. This path traverses the imarries, and the
ground where the limekilos are situated, and it is
probable that Mr. Kirkby mistook his way in the darkness, I
and so fell over in trout of the kilo. Mr. Nave appears
to have been heard of lest at the Punch Bowl Inn. Coder-
barrow, about s mile and • half from his own house. He
stated there that be had lust Mr. Kirkby, be did not know
bow, and was urged not to go forward, es the mosses, across
which a portion of his way lay, were flooded. He however
declined this advice, and has not sums been beard of. There
can be little doubt that the unfortunate man was drowned
on the moss, and his body would perhaps be carried by the
swollen stream of the roderbarrow Pool and River Gilpiu
past his own house to the sea at Mdalhorps Sands,
menbe Bay.—North Beirut, Stu it.