The Sun.
London, England, 1851-07-29 00:00:00

THE LATE ACCIDENT AT CLAYCROSS.
MIDLAND CIRCUIT.—Derby, July 28.
(Before Mr. Bar.n PARKE and a Special Jury.)
SLAKE V. MIDLAND RLILWAY COMPANY.
This wag an action brought by the plaintiff to recover,
damages for the death of her huibaud, who had received
the injuries which caused his death on the company's
line.

Mr. Mellor, Q.C., Mr. Sergeant Miller, and Mr. Flood,
were for the prosecution; Mr. Humfrey, and Mr.
Macaulay, Q.C., for the company.
Mr. FLOOD opened the pleadings. In this case Mrs.
Ellen Blake, administratrix to the late Mr. John Blake,
was the plaintiff, and the Midland Railway Company
were the defendants. The declaration stated that John
Blake, in his lifetime, was a passenger on the Midland
Railway, from Birmingham to Sheffield, and for want of
due care and attention he was killed. The damages were
laid at 10,000/. The defendants pleaded that they were
not guilty.
Mr. MELLOR stated the case. He had the honour,
along with his Learned Friends, of appearing as counsel for
Mrs. Blake, the plaintiff in this case, who is the widow
and administratrix of Mr. John Blake, of Upperthurpe,
Villas, near Sheffield, where he carried ou business under
the name of " Blake and Parkin," Meadow Works. On
the 19th May, the day of the accident, he had been ou a
journey of business, and was returning from Birming-
ham to Derby, and from Darby to Sheffield. lie took
a second-class ticket, and got into a carriage which was
last but one in the train. They had proceeded a short
way beyond Claycross station when the passenger train
was run into by a luggage train, by which very serious
injuries resulted; Mr. Blake received such injuries that
in a very short time afterwards death ensued. Mr.
Meynell, a magistrate in the county, also met with his
death. The action was brought by Mrs. Blake, who
imputed to the Midland Railway Company, both the di-
rectors, superior officers, and servants, gross negligence
in conducting their line in a parsimonious manner.
After alluding to the Act under which this action would
come, viz., 9th and 10th Vice, c. 93, he said that they
charged the directors, superiors, and servants with
neglect; this he should not have the slightest difficulty
in proving. The train by which Mr. Blake was to start
from Decoy was appointed to leave Derby at 9 5 w.X.,
by the table table. It was 15 minutes, however, behind
time on that occasion, and he very much feared that was
not an uncommon occurrence. It was not put down in
the time table to stop either at Driffield or Wingfield
stations, but on the evening in question it, stopped at
both, whereby another ten minutes was lost. Thus they
would see when it arrived at Claycross tunnel, it had
lost twenty-five minutes. It passed the north end of
that tunnel at about six minutes to ten. The regula-
Liens of the company are to have two men—one placed
at either end of the tunnel, which telegraph the coming
and going of the trains through this tunnel.
Mr. IIUaIFREY intimated that he should be very happy
to save the time of ttie Court. 'ibis was merely a ques-
tion of damages. How the accident occurred had nothing
to do with the action, inasmuch as it was only for a pe-
cuniary considered on.
Mr. MELLOR Share ked his friend, but thought it would
be essential to his case, and likewise to the minds of the
jury, to go fully ineo it. It was very singular that his
Learned Friends did not allow judgment to go by default,
instead of making this remark at the last moment.
His LORDSHIP thought that as they did not want vin-
dictive damages it would not be necessary to go into the
cause of the accident. He thought they could only look
at it in a pecuniary point of view.
A long discussion here ensued upon the question be-
tween his LORDSHIP' and Mr. MELLOR, but it WAS Uhl"
mately decided that the case should only be gone into in
a pecuniary sense.
Mr. MELLOR then proceeded with his address. He
could not fit 1p thinking that it would have been more
honourable and fair to have made this admission before,
and not when the shoe commenced to pinch. He should
take the liberty of just giving a short narrative of the
case. Ile had told. them that Mr. John Blake was in
the Sheffield business. Ile was of the age of thirty-four,
and his wife was twenty-six, at the time of the lamentable
occurrence in question. Mrs. Blake had just been con-
fined of a still-bora child; and on the night that Mr.
Blake was killed he was expected home by a loving and
kind wife. But ix) return to the scene of the acct.-
dent. The train hied got about 250 yards beyond Clay'
cross station when it was found necessary to stop the
train, the pump-rod of the engine having given way-
The guard, immediately on stopping, ought to have pro-
ceeded about half a mile down the line with danger
signals and explosive lights. This he did not do, and
whether there was a sufficient time for him to do it in
was a question which had not been solved, some alleg-
ing one opinion and others a contrary one. Immediately
after this a goods train ran into them, killing Mr. Mer
nell on the spot and injuring 16 or 17 more or less. Mr.
Blake was found dreadfully injured, and about an hour
afterwards he was put in a van which was going to take
him to Chesterfield, but he died on the way. The lug-
gage train starts five minutes after the passenger train, a
regulation which he thought extremely faulty, because
by that they were depending upon mere mechanical skill
as a certainty, not for one moment looking at contingells
cies which might occur. Notwithstanding the luggage
train was detained ten minutes at the junction and five
minutes more at Belper, yet from Derby to Claycross
it had gained half an hour, and knowing that there
was a passenger train before them. It was driven that
night by a man who had never driven on that line
before, and who had only been driver a week on the
Lincoln line, and another week shunting. It appeared
rather singular that a man who had never driven on
the line before, and who had such little ex.
perience, should be set to drive a train at night time-
There was another matter which he must allude
to; at the Claycross station the company have a man
employed only during the day time, and before leaving
at night he turns on a white signal, which indicates " all
right," and that the line is clear. Now the man goes to
bed, consequently he knows nothing of what transpires
during the time he is asleep. A train might break down
beyond the signals, and another following, seeing
the white light, would of course proceed. Was this a
proper system of organisation? What was the state of
things at home during this time? Instead of Mrs. Blake
seeing her husband, she receives the startling and appal-
ling intelligence of his death. She is at this time in a
delicate state of health, and as they might naturally
suppose, this made her much worse. With regard to
the question of damages, that would be a subject for:
their consideration, it not being bound by any process Ot
law. He was certain they would find it their duty toin-
demnify Mrs. Blake, and give her sufficient damages for
the irreparable loss she had sustained. They must look
at the position in life she occupied, and whatever was the
g
social position Mrs. Blake enjoyed prior to the death.°'
her husband, it would be their duty to place her in again.
In the first place, Mr. Blake had a very handsome house,
worth 2,0001., handsomely furnished, which was worth
COOL more. This was freehold, but it was mortgaged
to the extent of 1,0001. Now, according to estimates,
it appeared that a man's life in good health, et
the age of 34, was worth 31 years. They must alS°
bear in mind, that Mr. Blake, having died intestate, hid
property went to his brother tia heir-at-law. Mr. Blake
was also entitled to a fourth share in "slack works" st
Sheffield, which was adequate to 1001. per annum. lig
had also 100 shares in the Sheffield Union Bank, which
wore worth 121. each. Mr. Blake had been married be'
fore, and he bad got a very handsome fortune with his
wife, about 8,0001. He entered 'into partnership in the
Sheffield trade with a Mr. Parkin in 1845. They began
in a comparatively small way compared with many other,
houses, but they turned over last year between
They and 40,000/. were about extendiug their trade in
the American thelkete but from this business altogether,
he received about 250/, per annum. The Learned
Counsel concluded by making an earnest appeal to the
jury, after which several witnesses were called who
proved what Mr. Blake's effects were worth.
Mr. HCMFREY addressed the jury on behalf of the
defendants, and after entering into many statistic!,
proved that the plaintiff would now have 7,000/. clear
.10
her own right, putting on one side all the contingencies
to which life was subject. They must bear in mind that
the business in which Mr. Blake was engaged was ons
that fluctuated considerably; and thee, when they
thought of the position Mrs. Blake was in previous to
her marriage with the deceased, without fortune, tbei
would feel themselves justified in returning a verdict Or
a very small amount of damages.
His LORDSHIP, in summing up, pointed out to the,
jury the variouse matterssinon io r for
themtheirto
considerconsideration,h
tat fir'
e
bßaliadkei'ts apropertyquestion
was worth in total 13,000/., and 11
Mrs. Blake being a Yorkshire widow she would receive
about 7,000/. She would, therefore, be a loser in tact of
about 6,0001; and it was for them to say what amount
hour's deliberation, the jury returned into
court
verdict for the
they
wiOeviirioWiauteahl iNnd aS/CllO7l, the driver of the goods train at the
Claycross rusatmicaegmes,AP4,LoEo.o)/h.a
Claycross accident, and who was indicted for manslauga'
ter, was Acquitted.

-- -
Mr. Henry Russell, the celebrated vocalist, wa
the happy means of saving several lives from the fire thaw,
occurred last Sunday morning at Prescot-street, City, bY,
bravely rushing to the top of the house three times, bringing
into the street no less than five persons, who, had it not been
for his timely assistance, would certainly have been burnt to
death.
VAUXHALL —Amongst the visitors of last evenivg
the following distinguished personages honoured these gal;
dens with their presence :—The Countess of Ailesbury, the
Earl and Countess of Glengall, Lord Shelburne, the Countess
of Shaftesbury, the French Ambassador, the Sardinil
Minister and party, Lord and Lady Jocelyn, Lord Gages 5
Robert Price, &c.