The Northern Daily Times.
Liverpool, Merseyside, England, 1856-11-26 00:00:00

COUNTY COURT.—YEsTERDAY

BEFORE J. POLLOCK, ESQ.
A NEW TRIAL.— EASTTY MARSH. —This action, which
was tried on the 14th of October, a verdict was given for
the plaintiff, but at the time his Honour expressed an
opinion that as there was a nice point of law involved in
it, it might constitute a reasonable one for further
enquiry. On this day, Mr. Green applied to his Honour
to grant a new trial Mr. Hime opposed the application.
The plaintiff is an auctioneer, and in the course of his
business was employed to sell the household furniture
of Mrs. Webster, who kept a public-house in Liverpool.
The defendant, with others, attended the sale, and pur-
chased some of the property. On applying for the goods
to be delivered up, the claims against Mrs. Brewster were
put forward as payment. To this the plaintiff refused
to accede, but it was ultimately agreed that the parties
should go to Mrs. Brewster and have the matter settled.
Mrs. Brewster acknowledged the validity of the claims;
but refused to have the amount deducted from the receipts
of the auction, saying that she would settle with them
afterwards. The goods were removed, and the action was
brought to recover the value of them. After a lengthy
legal argument, his Honour said this was one of a
class of cases which occur from time to time, and which
impressed on his mind the necessity that existed for
enabling him to allow an appeal in every case. If an
action was brought to recover £l9 19s, there was no
provision for an appeal, but if the claim was only for is
more, there was the power of appeal. Here was a case
which involves the nicest points of law, and a great
complication of the rights of parties, and in it there was
no right of appeal without at once deciding the case.
He suggested that the point should stand over until after
the assizes, when he would consult Baron Alderson and
his brother judge on the points involved in the case.
This suggestion was agreed to.
JORDAN V. O'CARROL. —This action was brought to
recover a certain amount in connection with the building
and cleaning of the Roman Catholic schools in Salisbury-
street. Mr. Aspinall _expressed a wish to have the matter
settled by reference, which was agreed to.
HENRICIISON V. TYRER.—This action was brought to
recover the sum of £6 18s, on the following grounds of
action, for that by indenture, the defendant covenanted
with the plaintiff to keep in repair a certain warehouse in
Dutton-street. This not having been done, was the
cause of the present action. Mr. Hime appeared for the
plaintiff, and Mr. Dodd for the defendant. The several
witnesses called for the plaintiff stated, that the ware-
house was stocked with cotton and corn, and that in th e
month of July last, one of the floors gave way, and
thirteen or fourteen of the joists were broken. It was
also proved that the floor was not over-weighted, but
that the timber of which the joists were formed was
not fit for use. Mr. Rishton, the building surveyor, gave
it as his opinion that the joists were not properly con-
structed, if they had been, the floor would have bore a
much greater weight than was on them when they gave
way. For the defence, it was urged that the floor was
over-weighted, and witnesses were called to substantiate
that view. His Honour gave a verdict for the plaintiff
for the amount claimed.

FATAL RAILWAY ACCIDENT NEAR

WARRINGTON.

We regret to announce that an accident, resulting in fatal
consequences, took place on Monday at Winwick, near War-
rington, at about 11 o'clock, on the North Western Railway.
The facts as stated to us, from a semiofficial quarter, are as
follows :—The up north mail train from Preston, when near
the place named, by some means, at present unexplained,
got off the rails, and ran along for some time, until it partly
upset, and we regret to state that the fireman was killed,
and the engineer dreadfully, if not fatally, injured. We
hear that none of the passengers were dangerously injured,
although much shaken. The accident created great alarm
in the locality, and the traffic was interrupted for a con-
siderable time,

GUTTA PERCHA KNAPSACKS., AR alteration in the
soldier's kit has been made in Sweden, which may be
termed a decided improvement. The knapsacks are now
made of gutta percha, being waterproof and much lighter
than those hitherto in use; the men's cloaks are also
impervious to the rain, and tents similar to those used by
the French army have been furnished to the infantry,
besides which the depot companies of the artillery regiments
have been transformed into independent 12-pounder foot
batteries, with the addition of a 7-inch mortar gun for
hollow shot.