The Northern Daily Times.
Liverpool, Merseyside, England, 1856-01-21 00:00:00

Zate6 by Suction.

BY ORDER OF THE EXECUTORS.
MANCHESTER-ROAD, SOUTHPORT
_ _

Sale of Excellent FIOUSEEIOLD FURNITURE, Lofty Bookcase,
Mahogany Winged Wardrobes, large Four-post Bedsteads, Pier
Giavves, Engravings, Sic:, &C.

R. WILLIAM EAST TY has the pleasure of
announcing that he has received instructions from
the Executors of the late Mrs. Burke, to SELt. by AUCTION, on
the pt., mhe Mount Cambria, Manchester-road, on Tuesday next,
(to-morrow), to commence at Eleven o'clock in the Forenoon, pre-
cisely, whole of tha supetlor FURNITURE and Household
Effects.

The FRONT PARLOUR contains six solid rosewood chairs, in hair,
covered ha moreen damask; large Spanish mahogany table. on
carved pillar and plinth, with extra leaf ; a very superior sofa, of the
finest mahogany, with two loose sea's—one in hair and one in wool
flock; excellent mahogany work table, two rosew ,od footstools,
invalid reclining chair, hair stuffed, and covered in Moro -co leather,
large gilt pier glass, glass candelabra, lustres, and chimney orna-
ments . neat pattern drugget to fit the room, moreen damask Cur-
tains, steel fender, fire-irbns. butler's tray and stand, and several
proof engravings, including portraits of the Qu-en and Prince
Albert, and the following eminent Divines—Rr..vs. W. Roby, J. A.
James, R. S. M'All, J. Griffin. T. Raffles, R. Halley, &c.
BACK PARLOUR.—The furniture comprises Kidderminster carpet
and rug, six mahogany-framed chairs, stuffed and covered In hair ;
solid rosewood table, small side table and cover, lofty mahogany
bookcase, with five drawers, cupboard, and drawer, e. closed; brass
fender, fire-steels, coal box, two painted fire-screens, three papier
mantle trays, bronze urn, two flower stands, chimney ornaments.
gilt corn'ce. wire blinds, chintz ha,:gings. Venetian bli de. framed
portraits f the Revs. J.Williams, R. Mont", and W. Roby a hand-
some y framed proof engraving of R. Cobden, Esq,, and about 10,1
volumes of hooks, including about twenty volumes of the Evangeli-
cal Magazine.

steads, with mo,
mahogany wing. d

d umbrela

nirs, and pillows, hair mattresses, stiaw palliasses, towel rail
hogany bed chair, nine bedroom chairs, K dderminster carpetin
ss fender, Ere irons, moreen dama,k curtains, large three-fo
m screen, rocking chars, old oak chest, six sAs of Venetic

nd cata

Y, Aucti

a liaste,er and jack. oak table. rnsti-

ler, sever was

be obtained on the premises; or

Illersey-ehambeis, Liverpool,

, and c

ALL Ut

GLAsco,r.

ST ANDR SW STREW:

EDINBURG'

by all C^u~lry News-izentt

HEARTLESS RUFFIANISM

ROBBING A POOR IRISH EMIGRANT,

A pair of well known dock duffers, said by the police
to be the greatest ruffians in England, were brought
up by detective officers Thompson and Scaife, before
Hornby, on the following charge :—The prisoners
gave their names as Patrick Carberry and Michael Cun-
ningham, and the officers said they lived in a house of
the most infamous character, in Banistre street. It
appeared from the evidence' of an '• unsophisticated "
young man, named Tobias Rourke, tiventy one years of
age, a native of Bruff, county of Limerick, that he was
on his way to New Orleans. and was on board the ship
Martha J. Ward, in the Huskisson dock. On Friday
morning he was at his breakfast, when the prisoner
Cunningham accosted him, and told him he was a fellow
passenger, when poor Rourke invited him to have some
breakfast, but the prisoner declined, saying he had
taken his morning's repast already. After some conver-
sation, the prisoner said he expected a job on board,
and would probably be enabled.to procure one also for
for him (Rourke); he pointed out the second prisoner,
who was on deck, saying, "that's the man who has
charge of all the provisions on board the ship, and I
*think I can get you a job whilst you are going out."
He brought him to the prisoner Carberry, and said,
"here is a man that will answer you over the provisions,
as he can read and write, and keep accounts." "That's

3oon to

.h ham

'ld coin, value t

ei;' Orleans,

y dollars, twenty

that thevdrtizzed his

morose,

and J. R. Ri

Newton, ?J. Newton, junr., and A. °gds..
shire, spinners, so far as regards A. Ogden.

, Aucoats, Lanca-

COURT OF QUEEN'S BENCH.-SATURDAY

(Before Lord Campbell, and- Justices Wightman and
Crompton.)

PARKER V. GREAT NORTHERN RAILWAY COMPANY.— I
This was a case for the special consideration of the court.
Mr. Maynard stated that the plaintiff was a surgeon
residing at Peterborough, who, having occasion to go
from that city to Hull on the 25th of March, consulted
the company's time table, from which he ascertained
that a train would leave Peterborough at a certain hour
in the evening—namely, at 7.20. Having seen this
advertisement at different points where it had been
placed by the authority of the defendants, plaintiff
transacted his business at Peterborough, and at the
time indicated, presented himself at the company's
station, where he was for the first time informed that
there was no such train, and that there had not been
such a train during that month at such an hour, or
within several hours before or after the time indicated
on the time table. The case proceeded to state that
there were no means by which the plaintiff could reach
Hu.ll that night, and that the plaintiff having made his
arrangements on the faith of the company's advertise-
ment, tendered his fare with a view of proceeding on
his journey. The company refused to convey him on
the ground stated, namely, that there was no train.
I that the line from Peter-
their line

def

) Hull

t Aske

The company had running

powers over the Northern and Eastern line to
the Milford Junction, the companies having be-

come parties to the railway clearing system,
established by the Act of 1850. The defendants
had been in the habit of issuing tickets from Peter-
borough to Hod on that system. On the 27th of
)üblicatical of the March

Febru

tables, the Northern and Eastern Company gave notice

to tire defendants that they should cease running from
Milford Junction to Hull the train which corresponded
with the 7.20 from Peterborough. Notwithstanding
this, the Great Northern Company continued to publish
through train to Hull, whereby the
10s.. which was the

Plaintiti i

and which

lad been awarded by the
County Court. In the company's time tables there was

ail announcement to the effect that the company would
make every exertion that the trains should be punctual ;
but the precise time of their arrival and departure at
the time stated would not be guaranteed, nor would the
company .hold themselves responsible for delay or the
consequences arising therefrom. Lord Campbell : But
that only refers to punctuality. Mr. Maynard proceeded
to argue on the ground of contract as contained in the
tables, and if not, on the, ground of tort ; for if any
person made such an arrangement for his own profit, and
datnaeed another person, that was clearly a ground for
an action on the case. That was all that was necessary
to constitute leal fraud, whatever the motive might be.
Mr. H. Hill, for the Great Northern company, contended
that they were not liable. They did not, of course, care
about the 10s., the subject in dispute, but the qu.s-
tion was of great importance to the company. Lord
Campbell : And to the community at large, for we are
now to know what faith is to be attached to these time
tables, and what liability is to be attached
to the company for publishing them. Mr.
Hill said it was well known that almost all the
great lines communicated with other lines to the most
extreme parts of the country. Lord Campbell reminded
the learned counsel that it was not of the slightest im-
portance whether there was a communication between
the Great Northern and other lines. Directly a contract
was made, the company was rendered responsible. Mr.
Hill submitted that there was no contract, the only
evidence "of a contract being the time tables,
which were merely an invitation to the public a
statement that the company was willing to do business
upon such-and such terms. There was no legal contract,
any more than there w!is upon the part of a man who
put up a statement that he would sell cloth or calico at
so much a yard. Justice Wightman : Do you mean to
say there was no promise? Mr. Hill: If there were,
the company would be obliged to run all their trains at
the time mentioned. Lord Campbell : So they are.
Mr. Hill : Suppose there was a slip on the line ? Lord
Campbell: That might be an excuse. After some
further discussion, Lord Campbell said that the case
Was, doubtless, one of great importance to railway com-
panies and the public. It seemed to him that railways
would not he of the benefit and accommodation to the
public which they were found to he, if the representations
on the time tables were treated as mere waste paper and
were not to be considered as the foundation of a contract.
He was of opinion that in this case the plaintiff was
entitled to recover, both on the ground of contract and
of false representation. It seemed to him that it would be
a binding contract if the company published in express
terms that, in consideration of customers coming to the
station at a particular hour, they should be conveyed by
a train to run at that time, and they came accordingly
and tendered their fare. In the case before the court
there was a clear promise that there should he a train
from Peterborough to Hull at 7.20, and
upon the faith of that the plaintiff made his
arrangements, and, as was not denied, was put
to an expense of £5 103. by the non-fulfilment of the
contract. He (the learned lord) thought it could make
nn rliferenee flint tlsc, whole of the line was not the nrn.

They st

.1 on their own tirne-