The Express.
London, England, 1868-09-25 00:00:00

7BE RECENT CAB STRIKE.

A case was beard at Clerkenwell Police-court
yet ter day, in which a question of much interest was rained,
h. ar.ng on the right of • cabman to refuse • fare within
the psi mites of •railway company. The hearing occupied
sea.e tan e, and the facts wall be found in the following
jnopment ci the magistrate:
kr. Tooke Gam- -1 here are two summonses taken out by
, dam COMP against Thomas Lemon, the first charging
the aetendant, under the Hackney Carriages Act, with
'during to take him from the Omit Northern Railway
station at Krug's-ricer to Camden-road; and the sectud
with sinful in's& hariour during his eniployment as a cab-
man on the same oceasiox. With respect to the first
enormous, the tads tic not in dispute, viz., that the
templauiraat went to the (heat Northern Railway station,
anti on Laing beckoned to by the defendant, got into him
cab, and gave directions wheat, he was 11a be driven. The
attendant, as soon as he discovered who the complainant
was, and knowing him to have taken an active part in
the tab strike which then existed, refused to allow him
to it main iu the cab, or to take him to his proposed devil-
nate 11. (in the part of the complainant, it was contended
that the defendant was bound to drive him, and in re-
luring to do so be made himself liable to • peaalty
wait r the "ofith and 42nd sections of the Ist and
lid William IV., cap. and the 17th section of the 16th
and 17th \ beton*, cap. 33, or one of these acts. On the
ten le ant's bi half it was wired, amongst other things,
that the great Northern Railway station waa private pro-
peity, and that the defendant and all other cabmen who
tidal oil that station to take passengers were either hired
by the 11,45111 any, or at all events were on private ground,
and not in any 'Buret or place so se to be under the juris-
diction of the Coramisrienens of lichee, cud wheal there
could not I e said to be plying for hire within the moaning
at the hackney Carriages Acta; that, indeed, he wa, as
much foe from jurisdiction as if he were in his master's
peal or on the pientsses of any private individual. The
ease is not fiee from difliceity, because in deciding that
the dclenclant is comet in his judgment, considerable
diflo any may arise to the public. The strongest position
of tl.e a mpLainaut ia that a railway station is a place of
peldie moat, as held in espaite Lavis, 26 Law Jworaut,
peie 1719, and that it is • place where cabmen may ply for
car. Lut it is, 1 think, clear that a railway station lithe
private property of the railway company, who may there.
loic at then ph mane exclude or admit cabs, or adm.t
the Ili only on etaiditinus winch they may thath tit to im-
sae. Neither the oth and 7th Vic., cap. to, nor the 13th
t ice, tap. 7. which authorise the police cominiationers to
o.ut standing. in any waist, thoroughfare, or place of
j nbia; icsoit, or tl.e time at winch CY1.1114.11 may ply for
Lite, I,l' n.ake re gulatioue, can apply to a railway station,
Rah, to both. r cal men nor the cenuis.oners thnuielve•
Could . titer without conanit tug a tied tits. It seems to
, me that the (rhino' so coming into the stations under
I. the house of the railway companies cannot be Raid
to he plying for line undo, or when there, to lir
poisoned by the rules leaf down iii the Rack-
-Ist y 1 arriai,e Atte ; nor do I think the public
(au clean tl.e retortion of these acts any more
than they would be able to do were the cabmen and the
cabs on au, other innate ground. It follows, therefore, that
whilst ea. ii i arty is within the railway station their trans-
actions with each other mast be governed not by the
liatkuey Carriage Acts, but b the ordinary law which
eentiole both eaten of contruct ; and I must therefore hold,
to far as the Hackney Carl iage Atka is concerned, the com-
plement cannot seek any redness for the defeuilaut's re.
fusel to convey him to his place of dertaiation. I limit
myself to the Hackney Carriage Acta, as if a contract to
catty was created by the conduct of the parties. There is
a remedy elsewhere for any breach of that contract. And
I may further add. I am not called on in this case to
&clue what might be the position of the parties after they
might leave the station and emerge into the public streets.
It becomes unnecessary for me to consider the other ob-
jections raised by the defendant, whether or not the do.
fondant would have bad a lawful excuse in refusing to
carry the complainant on the ground that be was at the
time hired by the Great Northern Railway Company, or
that be believed that there was a conspiracy by the
complainant and others to injure the public by taking
away all the cabs from the station just before the arrival
of areountly train. I therefore dismiss the first summons.
I will giant • case. With respect to the Neeond sum-
mons, the summate itself charged the defendant with
wilful misbehaviour during his employment as a cabman.
'1 he evidence le, that what was done by the defendant to
the risuphi:nant took phut on the private proinieos of
the Cheat Northern Hallway Company. Fur the 141.1110
11.1114JUS 1 have stated in the other summons, the defendant
cannot in my opinion be convicted on • Numinous against
him for acting in contravention of the Hackney Carriage
Acts, but if an assault has been committed, the complaivant
Las leis remedy by taking out a NUMIIIOII4 for a eumenou
assault, and this if asked for I shall grunt, and then in-
quire into the facts.
Mr. Care applied for • summons for a commou assault,
whichh was glutted.

CAUTION TO B(IIOOLitAATEIM. Dr. Hurilwieke,
the deputy coroner for Central Middlesex, held en in pleat
last evening at the Volunteer Tavern, Upper Baker-
street, Regent's-park, relative to the death of Herbert
Whiley, ten years of age, who died, as alleged, from
the eni et of a blow on the head inflicted by his school-
master. It appeared that the deceased was the run of a
laundress, hamar at 14, l'ark-lane-mewe, in the above-
nientii,ned locality. He went to a paid school attached tv a
catholic chapel, of which the Rev. Mr. ( iutch was the prie.t.
Last Monday week the boy went to school as usual, and
on his return home he said his master had struck him on
the bead. Ile was very ill and vomited. lie went to
school on Tuesday, and on being asked by his master why
be had not learned his lesions, he said his head ached
Lem the blow he had given him on the pre-
vious day, and he was unable to do so. He again
went home ill, when his mother took him to a
surgeon attached to the chapel, and on the circumstances
being explained, he said, " Take bins home and give him
a dose of castor oil, and he will be right before the end of
the week." 'The boy got worse, and other medical aid was
called in, but the vomiting continued and the boy died.
Mr. Benson Baker, surgeon, deposed to being called to
the deceased and attending him to the time of his death.
He said he had been struck on the head by his master.
He died from exhaustion consequent on inflammation of
the brain ; the body otherwise was healthy. A blow would
produce such an Wed. Theseboohnester made a volun-
tary statement. He said he had been suspended from his
duties since this ease had occurred. He admitted having
given the boy a " pet" on the head, but he was are he
did not hurt him. Ths jury returneda verdict of " Hestia
from inflammation of the brain, caused by a blow," and
requested the coroner to censure the schoolmaster, ea they
frit that he inflicted the blow that caused the death.

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