The Express.
London, England, 1853-08-25 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—LivaavooL, Avo. 24.
Barons Me. eeserce WiorrmAN.
PITCIIPoSTR v. THE LANCASHIRE AND YORismIRE
RAILWAY COMPANY.
The jury in this ease, which was tried yesterday, returned
a verdict for the plaintiff—damages, 251.
Two or three other common jury cases were tried before
his lordship during the lay, but they were rot of the
slighter public importance.
noon Ms. Rance 1111
THOMPSON V. TINDALL.
This was an action brought to recover the sum of
5621. 7s. 6d. for making alterations in the ship Kangaroo so
as to fit her for the Australian trade. The defendant's
case was that the plaintiff had received 2121., which had
been paid during the progress of the work, 2021 was paid
into court, and the elaim for 1481. 7s Sd. was for extra work
which ought net to have been charged, as it had not
been ordered by the defendant but b 7 the captain (Mr.
Childs), without the defendant's authority.
The jury returned a verdict for 961.
111.NAnonnor V. Till MAYOR AND CORPORATION OF
LIVIRPOOL.—THR LIVERPOOL WATERWORILS.
Sir Fitzroy Kelly (with Mr. Cleaaby) appeared for the
plaintiffs; Sir Alexatider Cockburn (her Majesty's Attor-
ney-Genera), Mr. Knowles, Q.C., Mr. Cowling, and Mr.
Kitward far the defendants.
Mr. Cleasby opened the pleadings.
Sir Fitzroy Kelly said-1 have the honour to appear in
this case as counsel for Meese). M'Nauehten, who have car-
ried on busmen. for • considerable time as calico printers and
bleachers at certain works called the Birkacre Works, some
distance from Liverpool in this county ; and, gentlemen, I
entreat your very serious attention to the complaint which
they have been reluctantly compelled to make, of acts done
by the Liverpool corporation in the execution of an act of
parliament, to which you will have to direct your attention,
and which has been followed by consequences of more
serious character than any which have yet been tried. In
truth, you will find from the statement which I shall
feel it my duty to make, that it is almost
impossible to over-state the injury that has
been done te my clients in the way of their
trade. The corporation of Liverpool, as you are pro-
bably aware, within the last few years have been engaged in
the very desirable purpose of supplying the town of Liver-
pool with water, end obtained an set of parliament authce
ri.ing them to construct, at some considerable distance—
some twenty-five miles, I believe, from Liverpool, amongst
the mountains of Lancashire—certain arge reservoirs in
which they purpose to collect vast quantities of pure water,
and then to convey that water for general con-
sumption in the borough of Liverpool. It is my
complaint that in the execution of these works
they have most unnecessarily—l am very far from
saying wantonly—been doing injury ; but I believe, from
indifference or misapprehension of consequences, without re-
flecting upon the con.eqoences to other people whose pro-
perty is situated on the river Yarrow, upon which the works
of my clients are situated; and the consequence has been
that the foul water which has been sent down that river
has been to considerably injure and at last to stop their works.
It is pet hape proper that I should at once explain the nature
of the bleaching and printing works carried on by the
plaintiffs. They are in a large and extensive way. They
and their predecessors have carried on chase weeks as calico
printers for more than half a century ; and the plaintiffs
have attained a degree of proenerity and celebrity for this
description of work—and in this department of commerce,
in which I believe they employ some five hundred men.
They laid out 30,000/ in improvise the works. They have
invested • capttal exceeding 60,0101. in this under-
taking, and until the events took place to which
your attention will Ise drawn—till the interfer-
enee with their bu.ibees by the corporation of
Liverpool,—theyg have carried on their business not only
without impediment, but with the highest degree of pros-
perity and success. One indispensable requisite fur this
sort of busies:N. is that the watt r must be of the pure-t
quality, in order to enable th. m to carry on their works;
end you will understand to what extent it is necessary,
when I tell you, that every pound weight of the cloth or
exii..o which they use in printing is mule to pass through,
and really to come intocontact with very nearly a ton of water.
' The cloth which hos to be print. tl has to be passed through
water several times, and therefore it is quite necessary that
this water should be of the purest description. In conse-
quence of the supply being of this de.crieeion, the plaintiff.
have arrived at the highest position is their trade. They
have acquired the highest repusaion not only in England
but in other countries, and they maintained it until c rcum-
stances occurs.• el to which I will now call your attention. It
was found in the course of the month of August—the latter
end of August, or in the September of last yenr,that occasion-
ally the water of the Yarrow, which ku poli. s the works of the
plaintiffe,was mixed with some deleterious substance, which
produced injury on the calico printing of the plaintiffs, lied
obstructed their works. This at first occurred only flees-
sionsliv, hut during November, December, and the follow.
ir.;( JI-nuary, they (=el that the water wee almost con-
stantly in • state of impurity; and they found that the
water was so mach combined with foreign and deleterious
substances when it got to their reservoirs that it had an
injurious offset upon their cloth. They found that this