The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-08 00:00:00

SPRING ASSIZES.

ORO WN COURT.
NISI PRIUS CASES.
BEFORE MR. BARON MARTIN.

CLAIM AGAINST AN INSURANCE CyMPANY.—JONTES'',
ADMINISTRATOR V. THE PROVINCIAL INSURANCE COM-
PANY.—This was an action commenced by the Administrator.
of ooe John Howell Jones, to recover from the defendants,-the
Provincial Insurance Company, the sum of £l,OOO, on a
policy effected with them in the month of Nov., 1855. Mr.
Knowles, Mr. James,: and Mr. Blackburne were for the
plaintiff, and Mr. Hugh Hill and Mr. Manesty appeared on
behalf of the defendants. Me. Attorney• General Knowles,
in opening the case, said : Toe plaintiff was engaged
in the; business of a bread and biscuit baker in
Fenwick street, in which business he had earned
a comfortable' independence. The deceased, it appeased,
was the eldest son of the plaintiff, and he was taken by his
father at au early age to assist him in his business. He
rimained with his father until 1851, when he was twenty five
or twenty six years of age. He should mention to the jury
that the deceased had occasionally been subject to bilious
attacks, but altey were.not of a serious character. In 1851,
the deceased went to Wale!, whore he took a farm under Lord
Alostyn. His father seemed to have supplied him with the
!Honey, to the amount of between £2,000 to £3,000. H„
NA as sinfde when he took the farm, and one of Lord Mostyn's ,
hott,keepeis went to keep houSe for. Lim. " He afterwards
Ina:Tied her. Aft, r taking his farm, and after his marrii:ge,
his comets of life continued the same as before. , It
Was said that the deceased was a man unusually
temperate. He believed there would be some attack
upon the temperance of the deceased by the learned counsel on
the other side, hut there was not the least pretence,for gees,
tionMg his' temperance. From the time he went to Wales
'ap to the time of his procuring the policy of insurance,. his
course of life wa3 regular, and; with the exception of an
occasional bilious avack, with respect to which he would call
his 'medical men before them, be had general good health. In
1855, the decease(' had occ,.sion to borrow some money, but„
his father recommended hien to borrow it front a stranger, as
he would be more prompt, perhaps,. in meeting his payments,
. but the father promised to become guarantee. He (de-
ceased) mentioned the circumstance to his . friend l kkr.
Williams, who happened to be the azent to the Pro-
vincial " Insurance Company. Mr. Williams said that
b'S 'office • lent money, and be had no doubt but
-that on his father's security, they would lend him
the money, but he would have to take out a policy
of insurance on his life. 'has was not an unusual
way of borrowing money, be was told ; and the suggestion
Was ultimately carried into effect. It was not likely this matt
had any idea 'offraud in h's mind in making this application,
because he had not been thinking of any insurance himself;
until recommended by his friend Mr. Williams. If he ~had

- e
any fraudulent intention, it was not likely he would have
gone to Mr. Wi!liams, Who had known him ail his life, he
being a most intimate friend of the family ; acd from the
declarations themselves, it was quite clear that the d ceased
freely told all he knew of himself with respect to his healthe
which was at that time perfectly good, and which continued good
up to the time of his death in November 1856, being some 18 or
20 months after the policy was effected. The sum of £5OO
was lent, to the deceased, which the father had since bad to
reimburse, as the guarantee, and an insurance was effected .for
.11,000. The defendants had pot a great many pleas in
record, first,' they said the-declaration for insurance was untrue,
inasmuch that before and at the time of making the same, the;
said John-Howell Jones, isas not in'a good state of health,
and did not ordinarily enjoy good health.. Then they said it
Was untrue, because he was Afflicted with a disease or infirmity
tending . to shorten life, at the time he made the decla-
ration. Again they said it Was unit ue, because
be was addicted to a habit of .futemperance calculated to shorten
life. Now, this last emputation
,was; ,a most unfounded and
teneve,sarY On: upon the characeer of the deceased, calculated
to wound ,to.f-eelings of r his widow, his parents, and friends.
And,
stain, TO crown all, the defendants pat another plea. on,
s:ne record,la the effect, that the policy was ob`ained through
fraud) inisrepresentatione concealment, and untene averments of
rnertriel facts. But he believed they would only have to-
resolve Whether the deceased was of temperate habit, ,and
whether 'he was aware, at the time he effected the: policy,
of his having. any disease calculated to shorten his life.
Witnesses Were then-called, whose evidence-went to show
that the deceased was temperate- and generally healthy,
and not add!cted td drink. The medical evidence proved
that he was of good health generally, though it was said
he bad had two bilious attacks in 1853 and 1854. He had'
. died from spasms and "Convulsions in Notember, 1856.
Mr. Hill, in his address to the Jnry said he should prove
by,the evidence of rtieditntl gentlemen and others whom.
he w: uld call, that previous to the time of the policy
being gre.iscAtlNelidireele,isray,....a
ie h t s''''.sTa'terd—h-i;
Mr. and that circatnstanD=s were withheld on .oh-
. taiing the policy which rendered the life exceedingly
Iritardous. • his Lordship, in summing up, laid great
emphasis on the evidence of Dr. Perry, and submitted to
- the jury, that the admission of-the deceased of his hating
suffered occasionally from bilious attacks, ought to have
put the office on its guard. If the.deceased had ansrvered
all the questions Put to him by the insurance company,
to the best of his knowledge, there could be no fraud
After a short consultation, the, jury returned a verdict for
the plaintiff for the amount claimed.
DAMAGES FOR DEFEcTi VE WO/IKM N.NSHIP.--rOTES WORTH
AND OTHERS V. WOOD AND OT r. Attorrie:y
Generel Krowles, with. whom was Mr Brett, appeared for
the plaintiff?. Mr. Hugh Hill, Mr. Blackbern,
and Mr. Aspinall for the defendants. The plaintiffs in
this ease are merchants, and the deendanti are anchor
smiths, of this town. In the mouth of November, 1855,
the plaintiffs had a vessel, Called the " EndYnaiOn," of
which they were the owners, bound for-Valparaiso, with
two locomotives on beard, with othei'cargo. There being
no convenience at Valparais). to raise heavy weights likd'
the locomotives, being about eleven ' ton each; the
plaintiffs, through their overlooker,•Mr. Marden,
ordered from the defendants two sling chains, to carry
sixteen and ten tons respectively, in order'to• raise the
engines from the hold of the vessel. They were ordered
to be of ' the best iron, and to have a ring at
one end, .:ancl', a hook at the other. The pair of
chairs were eelivered on board the ' vessel, and the
captain made objections to the strength and shape: of
the hooks. The captain and Mr. Marden afteiwards saw-
I the defendants msnager, Mr. Wright, to whom the order
bad been originally given, and ordered him to hive the.
hooks renewed and, made stronger,. to ensure that ro
accident should occur-in lifting the engines. Otte of
.the .
defendants expressed regret that the hooks were not.made
strong enough, and admitted that they hail proved the
chains, but not the hook,. The defendants put in new
hooks in accordance with this order, which were snopesed
to be of the strength required. In the month of Apri
1853, the Endymion commenced dischanting at Valpe-
- taiga. A pair of shear legs was erected ()Tillie deck, one or
the chain slings was put round the locomotive, and the
other was attached thereto—from the shears, they sup
ceeded in raising the locomotive from the hold, and
when about to lower it on the deck;' the 'hook •
broke and let the whole weight fall across the main
I)tch, staving in the deck from side to. side; breaking,
several s4neheons, and bending several knees ands.
other wife doing great damage .le the vessel.'
It was alleged on the poet of the plaintiffs that the itonof
, which the hook w;s made, instead hi being of a very.stipe-
rior quality, es invoiced, was manufactured frein rod qua-
litres of iron, one of wbeh, was very inferior ; that the' part
where .it had been indult exhibited evidence of straining
only in the good iron which it contained. -Mr. William
ovetlooker, for the plaintiffs, and Mr. Charles
Cotesworth, one of the plaintiffs in this ease, gave evidence
to 'these facts The depositions, ef the captain and mate
were read in confirmation; . Mr. Hill addressed the jury
for the, defence, teed stated that the question for them
t try was, hos what amout t of damages should bo awarded,
in the case, a 3 that would be decided -by a gentleman in the
town, but whether the defendants were liable )for, tl:c damage
donee It was alleged, in support of 'their non-liability; that
the hook was of eatheiet; strength for the purposo required,
and would have sustained the Weight if properly used ; that
instead of having been fixed in an epright positioj, it had boon
attached herizontally,,in consequence of which the straining'
had. taken place, and that whatever damage had been incurred
by the breaking of -.the' hooke had entirely resulted from the
negligence of the defendants' servants. Several witnesses were,
thou called; who spoke to the quality of the iron, and strength
of the hOok. His Lordship said it was his intention to direct
the.jury to consider whetherthis was a fit and Proper hobk
to
raise the locomotive. It wag his opinion that a warranty had
been,given that the hook should carry sixteen tons in weight,
and that the warranty had been .broken. The jury, after a
short, deliberation, returned -a verdict for the poeintifft—ls
damages.
This cue concluded the business of the assizes is this,
the second court.

NISI PRIUS COURT.
BEPOEE MIL JUSTICE cßolkworr.

BELLHOUSE AND ANOTHER V. Tns COII)3RATION or
14ItioccuEsTER.—The hearing of this case
.was re
slimed- at nine o'clock yesterday moui;ng. Sir
Fi!zroy• Kelly at once .proceelled to call 'witnesses:
fnr the defence.. Mr. J. F. Biternan, the Corpo-
ration surveyor of Manchester, chrpOsed thklt he had
resided in that city for twenty three.years, and was well
acquainted with the river Med:oek ; recollect, d the great
fhod of 1813 ; th water then rose six inches-bidher than
in that of 1838.; the hed of the river- at -Ardwich Bridge.
had been elevated 19 inches-,-at the Oxford road Bridge ,
21 inches, and opposite the plaintiff's premise 26 inches ;