The Sun.
London, England, 1862-06-26 00:00:00

FOREIGN STOCK.

Swiss—Heinrich Dolder, Adrion Ecoffey, J. B. Lussorf,
L. Gesellsechaft, J. F. de Treytorrans, B. Schneider, F. des
--Schweizenschen. French—V. Roze, G. V. Garnod, C.
Lefebvre, A. C. Roblet, M. Bailleau, A. Gatinean.
Spanish—C. C. Suntherim, F. Homeyer. Saxon—C. A.
Gadegast, H. A. Steiger. Mrs. Rich, Auckland, New
Zealand. Various—Acclimatisation Society, A.delphi ; G.
Parfait, P. N. Godin, and H. J. Eluard.

LA TV INTELLIGENCE.—,Tune 25.

VICE-CHANCELLOR'S COURT.
(Before Sir John Stuart.)

BAXENDALE V. THE WEST MIDLAND RAILWAY
COMPANY.

This was a demurrer to a bill filed by the plain-
tiffs, who are the well-known carriers, and which
was filed for the purpose of obtaining a declaration
that the company were bound to deliver at the Kid-
' derminster and Witney stations all goods consigned
to Pickford and Co., or care of Pickford and Co.'
at Kidderminster and Witney, whether by the
plaintiffs themselves or by other persons. The bill
also asked that it might be declared that the de-
fendants were bound to deduct from the sum charged
by them as a through rate for goods carried upon
their railway to the Kidderminster and Witney sta-
tions, and carted and delivered by them from these
stations, a reasonable sum for cartage on all goods
consigned to Pickford and Co., or care of Pickford
and Co., at Kidderminster and Witney, and to allow
the same to the plaintiffs. The bill further asked
for an injunction to restrain the company from re-
moving or permitting to be removed from the Kid-
derminster and Witney stations the goods which
might be hereafter consigned as aforesaid to Pick-
ford and. Company at Kidderminster and Witney,
or any of such goods, and from placing them or
permitting them to be placed upon any waggons
or carts except according to the order and direc-
tion of the plaintiffs' firm of Pickford and Co.,
with proper directions. That an account might be
taken by and under the direction of the Court of all
goods consigned to Pickford and Co., or to the care
of Pickford and Co., at Kidderminster and Witney,
which the company since the Ist January last, as
to Kidderminster, and since the 13th May as to
Witriey, had refused or neglected to deliver to the
plaintiffs, and of all goods so consigned, which,
being under mark, the company had refused to de-
liver to the plaintiffs until they had first tendered
the same for acceptance by the plaintiffs at the place
of their business, and that the defendants might be
ordered to pay to the plaintiffs what they ought to
have deducted for cartage. The case made by the
bill was briefly this, that the railway company,
when goods were sent from Bristol addressed to the
care of Pickford and Co., with the name of the per-
son for whom they were intended, the company,
instead of delivering them to the plaintiffs' waggons
at the station, insisted on delivering them in the
town to the persons to whom they were addressed.
Secondly, that when goods were addressed to Pick-
ford themselves, the company insisted on carting the
goods to Pickford's place of business in the town ;
and on the plaintiffs refusing to receive them they
took them back to the station, where they subse-
quently delivered them to the plaintiffs.
Mr. Bacon and Mr. Jessel appeared for the plain-
tiffs, and took a series of objections to the bill.
Mr. Malins, Mr. Dickenson, and Mr. Bailey
appeared for the defendants, but were not called on.
The Vice-Chancellor, after going through the
various arguments, overruled the demurrer.