The British Press; or, Morning Literary Advertiser.
London, England, 1805-12-21 00:00:00

Lord FAL eittesaotait consiieted this a miestiost
e". very great importance to the commercial world
'the rights of this Company, to make these charges,
grew out of Ads of Parliament, of which it was but
right to have a full explanation ; the legislature, in
training these eels, studiously and deliberately seem-
ed to consider what should he reasonable compense-
tiers to the Company for the use and convenience of
their warehouses, wharfs, &c.: aiid he asked what
aas the fair and natural constiudion of these weeds
in the A.e, For all charges Inc delivering the
same from the said warehouses ? ' The A,e had
passed before any buildings were erected by the
Comeeny. who had the tweet t 3 concerti& them as
they plea-ed It was, then, to be supposed, they had
Milt their warehouses on the edge of the wharfs, se
as to let down the goods into the receptacle for their
conveyance, as well by water as by land. What
pretence could there then he for making these
charges? It rested with the Company to construd
these works with the greatest convenience, and in
ie most eesy way for the public ; and it appeared
to his Lordship, that the legiseiture meant, in these
stipulations. to embrace all charges whatsoever,
either by a cart outside the warehouses, or a lighter
alorgside the quay. If these charges were to be
permitted. there would be uo end of the legisletute
fixing limits.
Verdi& for the Plaintiff, 431. 9s. 3d.
LEL AND ANIVEHEA v. LANCE AND °TIER/.
This was an Affirm brought by a principal against
his agent, to recever the average loss upon the skip
Mary Ann, the policy of which was void by the ne-
gligence of the Defendants.
The Plaintiffs were owners of the ship Hal Ann,
of Liverpool, and, nn the 26th February, &reeled
the Defendants to died a policy of insurance, for
2,0001. upon ship, and 2,0001. more on goods. A
letter was accordingly written by the Defendants to
their broker, .it Edinburgh, to effe& the same, hut
was too late for the post that night. The fal-
lowing morning the letter was put into the of-
fice; but, on the same day, as the ship in ques-
tion was going out of dock, she struck sgainst
the tide, and was so materially injured, that
it cost a considerable sum of money to repair her,
besides unloading her cargo, &c. All this happened
w'th the knowledge of the Defendants, who never
'ride any intimation of it either to the Plaintiff, or
the underwriters ; the ship afterwards proceeded on
her voyage for Demerara, and was cern/ed. Upon
application to the Underwriters. at Edinburgh. for
payment, as for a total loss, they resisted the claim,
upon the grounds of the ship receiving an injury,
previous to effeding the insurance, with the know-
ledge of the Defendents, as they shewed from sub-
sequent ennversations of one of the Defendants, that
he was acquainted with that fad. A suit was insti-
tuted in the Coma of Scotland, by the Plaintiffs.
against the Underwriters ; and, upon these grounds,
the policy was censidered as vitiated.
The Learned Counsel, for the Defendants, endea-
voured to non-suit the Plaintiffs, on some points of
law, which were over-ruled ; and
Lord ELLEN mounts observed, that the De-
fendants should have written the next d tv t r apprise
the Underwriters .f the accident. In di. alone he
was guilty of a negled, which made him answer.
able for the loss. and the Jury would make com-
pensation according to the injury sustained.
After a short consultation, the Jury found a ver-
diet of 17;41 16s. for the Plaintiffs.

COURT OF COMMON ME kS, GeL Lou o.L—Ucc. 23.

Sittiaga at 4)1;4 Pr ias ber.r, Lord Chief Judi. e ,NIANS-
YIELD, and a Special Jury.

GALE V. MOOS.

This was an action brought to recover special
damages for the injury sustained by the Plaintiff,
in consequence of the Defendant's making an al-
tetation in a private drain, which ran near the Plaint-
iff's premises, into the public sewer.
Serjeant BEI r, in stating the Plaintiff's ease, ob-
served, that in consequence of the alteration made
in this private drain, the water, which formerly
passed through it, was now driven backward in
such a manner, that the warehouse of his client
was frequently overflowed. What made the case
still stronger was, thst this mischief had often oc-
curred before, and the former occupiers of the tie-
fendant's premises had paid the amount of the da-
mages. The Learned Serjeant concluded by say-
ing, that those gentlemen of the Jury, who had an
opportunity of viewing the drain, would be best
enabled to judge of the extent of the mischief, and
he had no doubt, after the evidence had been gone
through, of obtaining a undid, and ample da-
mages.
The servant of the Plaintiff was then called, who
deposed, that, on the Usl of August last. about five
o'clock in the afternoon, he went into his master's
warehouse, on Dowgate-hill, and was surprised by
firstling spends of .a foot of water in it. He in-
formed hi' master, who sent to Mr. Moor, and, in
coissetptence of his raising a sluice, which he bad
construned for the purpose of turniag the water
to his mill, the water in the warehouse instantly
drained off. The next day, the Defendant came
to his master's warehouse. and agreed to pay
whatever damage his
°goods had experienced.—
About a mouth otter this, a similar inundation took
place, and, on the Defendant's being requested to
nuke compensation for the damages, he refused to
make any, lest he should; prejudice the right of his
landlord.
Several surveyors were then called, who proved,
most clearly, that this inundation was occasioned by
the alterations made in the drain by the Defendant.
it was then proposed to go into evidence with re-
'KR to the special damage ; the;Plaintiff being a
packer, and having much goods belonging to other
persons in his warehouse at the time. The Lord
Chief Justice observed, th.tt the vI4IIIEIII of de-
mages coal.; be aster wined by any one of the Jury ;
and the parties accordingly agreed, that the Plaintiff
should have a verdift, subjest to the award of the
Foreiwn of the Jury, with reepeA to the damages,
and saving the right of the parties to commence fu-
ture a.Uions, if the sewer could not be Altered in
such a manner as to prevent the water from inun-
! dating the Plaintiff's premises.

On Tuesday, a large mass of brick-work, of heart,
thii:y.feat in length. adjoining the arch-way in the
Military RoiJ, Chathan•, gave way, and WAS
precipitated in It heap of ruins over the road. For-
tomato:, no pet tons were hurt.