The British Press; or, Morning Literary Advertiser.
London, England, 1822-10-23 00:00:00

I

LAW INTELLIGENCE.

COURT OF KING'S BENCH, Wetnittssran,

TUICIDAY, OCTOIIIIIt ii.

CONSTADT V. H 4041.

Mr. GOILNEY isitd the cave to the Jury.
The l'haiiit,ff I. a swear-holler. home in Welk.
street, Goodmeti's-fields; awl the Defetid.ht an
engineer.

The present action was brought to recover dri.
wages foe the injury winch the Plaintiff bed sus-
tained through the Defendant's negligence, or want
of ►kill. The Defendant was employed by the
Platuitff in 1816 to erect • steam-engine, for the
purpose of boiling sugar ; giving particular direc-
tions that the usschiee►y should be Mn•trtttted of
sufficient strength and solidity, es to node, it per-
trolly safe; to which the Defendant mirserf. The
work was accordingly commenced, •rid to due trine
was finished, but not being done iu • trop• r 11111111.•
tier, it was obliged to be altered several times, and
still Hot succeeding. the Platatiff tried it for the
last time on the 13th November, ISIS. in the metuo
ing, sod finding it did nit answer, 101 ordered his
men to rut the fire out, as he woold Soave nothing
more to do with it. This was early in the morning.
About right o'clock on that day Mr. H.igne's fo►e-
mari (Collings) mid some other of the workmen
came to the premises to ertainineilse engine, and
by order of Collings, the Defenid•ntlfiee:msn, the
fire was re-lighted to make soother trio!. Ti:s
was done, acid one boiling of sugar complete 3 ;
but in pressing the second boiling, the boiler burst-
ed, sod a dreadful explosiou took place. The
sugar-house was reduced to a heap of ruins, and
seven of the workmen were killed. The damage
done to the ',remote wits estimated at 1,600!., and
as it was alleged that the occident occurred in con-
sequence of the boiler having been imperfectly con-
s.riscred, the Plaintiff now sought to recover that
sum from the Defeodant.
The Learned Counsel called several witnesses to
prove these facts. Their evidence went to prove
that Mr. Con•tsdt urged the necessity .r having
wrought iron holler. hot the Defendant said a cast
iron one could be of sufficieta strength ; the Plate-
tiff likewise desired that the boiler should be three
inches thick throughout ; whereas, after the exple.
sow, it was discovered that at it. g►ratret thickness
it web no inure than two inches ands hill*, and in
some parts riot more than an inch and a half. In
some parts it was honey-combed in the rusting, urn.
even on the surface, sod in every way inedequste
to the purpose for which it wee desired.—
One nf the witnesses else stated, that en one
occasion, seeing the boiler at work, arid look-
hog et the steam gauge, he perceived it •tend-
ing at 36 inches, and knowing that 'soh inch rise
• isressinre of one pound on every square tuck tit the
bodes, he. represented that the was • pressure of 36
pounds per inch—a pressure far beyond what the
hoiler ass calculated to sustain. He woo answered
by Collings, the foreman. that he was mistaken, it
was only a pressure of half • potted to the itch rte
the gauge, giving eighteen pounds only ea the bAter.
Wituesa, 111/WeVCr, argued with him. end (con-
vinced him of his error. This witness declared that
bad the butler been properly constructed. tho.
Indies throughout it would not hue been squat to
sustain the pressure this laid upon is. nisch lesi Ifl
lilt imperfect sod faulty maimer in which tier birder
was cast.

Mather witness deposed to eonverwalion Which
took place between himself end the Defendant, »ho
said the accident was occasioned by • defect in the.

It was likewise ;wowed that the boiler was of two
casting., and that which ought to hare been in our
piece was in two runnings, and that these rumour•
had never properly united, the metal being of a bad
quality.

The Soucstos-Gamoset. sairesesel.the Jury
for the Deferidortr, sod urged she respectability .f.
his client as the best proof that be was ivory," of
any defects in the bnikr. As 610 the preseist action,
he caotended Mr. Hopse was not liable Mikis it
could be proved that the espeeimonto pit% on
when the explosion took pleas trere• nothot the
superintendence of that geutt.isess. Bat the elm-
terry was the feet. The Minutia' hitemelf woe a•
scieutific ova scheming mow, and Abe
hod been•coostructed upon pLins of his ewe ; and
further he would prove, that Mr. Contsbidt 'hod
iudideti Collings to quit the *rewire of Weirs.
/Lague. and so engsge him in his meekest m whey
of 15u/. per annum. A mon moused 'Bltribmt,
was also engaged. and wider that seprnottimltiree
the machinery sent on well for some Kum, when the'
,Plaintiff thinking he could go nu withoist Collings
awl Bennett. he dasiciased dusk individuals, sled
Collings returned to his employmeut with Mr..
Hogue. The Plaintiff, however, soon foitenfi oat •
that lie conk! mil gee on with hi% oust met, who did •
not understood it ; and on the night befoiWthe ix- •
plosion took place, the l'lsinittf. withoist •et ati•
consulting Mr. Hogue, requested Ceilings- to 'val.!
ou the following morniug sad see the engine, pot to
work. Collings, without the unction or direction ref
Mr. Hague, went itccordingly, mod on his arrival,
About seven o'clock, he lound to his surprise that
the Plaintiff had previously pin the machine to work
tinder his own ignorant sr resets, who'had allowed
the boiler to get pearly dry, sod then suddenly
pumped in cold water, which was of itself sufficient
to cause on explosion. At the time the accident
took ;dace. he contended Collings woe Ind ict-
jug as the ',remit of the I)tlendant.bot as the Off'.
vont of the Pinion& cud, therefore, there could
he ue ground kr claim ageism the Defendant.
lie should call Culling% to prove this fact, awl 1.0
submitird he shooed then be entitled to a v. .h r
fur the Defeudwit.

Cu use areordiuply molted, and exam.; ..•.1
so to this MCI, but his t•olluserly did tout ri041.1 , :1.
Mr. CURNF.Y replied.

The CHICF JUITICI summed op, and Ike .lu►y
Lund s verdict fur the Planutiff tor Itur (btisgrs
laid ill the declaration, subject to's' reference to
aat•ertaw the emit t 411110111111.

The Old Maley Seteiorto commence this day.
The calendar at mirk do's not contain more than
100 prisoners, cuiunittted for trial fur Loudon owl

A rothWeevere shock aro earthquake was frit ira
Purt Siostn,-Trtnidritl, atrout fire mte;Olcs Warr
unit k uu thr turmoil% of the 4th alt.