The Sun.
London, England, 1851-07-30 00:00:00

I.E LATE ACCIDENT AT CLAYCROSS.
AIIIDLAND CIRCUIT.—Derby, July 28.
(Before Mr. Baron PARKE and a Special Jury.)
BLAKE V. MIDLAND RAILWAY COMPANY.
ibis was an action Lou ht by the plaintiff to recover
tizges for the death of her husband, who had received
injuries which caused his death on the company's

Mr. Mellor, Q.C., Mr. Sergeant Miller. and Mr. Flood,
aOro for the presecutitin ; Mr. Humfrey, Q.C., 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,
sees the plaintiff, end 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 be was killed. The damages were
laal at 10,0004 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
Mn'. Blake, the plaintiff in this case, who is the widow
administratrix. of Mr. John Blake, of Upperthorpe,
Villas, near Sheffield, where he carried on business under
the name of " Blake and Parkin," Meadow Works, On
the lath May, the day of the accident, he had been on a
jeurney of business, and was returning from Birming•
haw to Derby, and from Darby to Sheffield. He 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 Teti 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-
reseors, 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 Vict., 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 tnain by which Mr. Blake was to start
from Derby was appointed to leave Darby at 9 5 P.M.,
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
hat twenty-five minutes. It passed the north end of
tha4 tunnel at about six minutes to ten. The regula-
tion.; 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.
"Tic. LIUMPREY intimated that he should be very happy
to save the time of the Court. This 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•
cuoiary consideration.
Mr. MELLOR thanked his friend, but thought it would
be essential to his case, and likewise to the minds of the
jury, to go fully into it. It was very singular that his
Learned Friends did not allow judgment to go by default,
ihe7ead of making this remark at the last moment.
His LORDSHIP thought that as they did not want vin-
dictive damages it would not ba 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
diecussion here ensued upon the question be-
tween hie LORDSHIP and Mr. MELLOR, but it was ulti-
mately decided that the case should only be gone into in
a pecuniary sense.
e,tr. MELLOR then proceeded with his address. He
could not help 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. Ho had told them that Mr. John Blake was in
the Sheffield business. Lie 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-born child; and on the night that Mr.
Blake was killed he was exlpected home by a loving and
kind wife. But to return to the scene of the acci-
dent. The train had 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 ho did not do, and
whether there was a sufficient time for him to do it in
Wee a question which had not been solved, some alleg-
ieg one opinion and others a contrary ono. Immediately
after this a goods train ran into them, killing Mr. Mey-
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 contingen-
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 weak 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
te; at the Claycross station the company have a man
employed only during the day time, and before leaving
at nignr, he turns on a white signal, which indicates "all
right," and that the line is clear. Now the man goes to
bsd, consequently he knows nothing of what transpires
during the time he is asleep. A train might break down
just beyond the signals, tied another following, seeing
Vita 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.
hag intelligence of his death. See 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 of
Yew. He was certain they would find it their duty to in-
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
stesial ausitiou Mrs. Blake enjoyed prior to the death of
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
6001 more. This was freehold, but it was mortgaged
to the extent of 1,0001. Now, according to estimates,
it appeared that a men's life in good health, at
the age of 34, was worth 31 years. They must also
bear in mind, that Mr. Blake, having died intestate his
property went to his brother as heir-at-law. Mr. Blake
was also entitled to a fourth share in "slack works" at
Sheffield, which was adequate to 100/. per annum. Ho
had also 100 shares in the Sheffield Union Bank, which
were worth 121. each. Mr. Blake bad been married be-
fore, and he had 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 30,0004
and 40,000/. They were about extending their trade in
the American market, but from this business altogether
ha received about 2501, 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. Iltreteatv addressed the jury on behalf of the
defendants, and after entering into many statistic.,
proved that the plaintiff would now have 7,000/. clear in her own right, putting on one side all thecontingencies
to which life was subject. Tney must mindbear inthat
the business in which Mr. Blake was engaged was one
that fluctuated considerably; and then, when
thought of the position Mrs. Blake was in previous toy
her marriage with the deceased, without fortune, they
would feel themselves justified in returning a verdict for
a very small amount of damages.
His LORDSHIP, in summing up, pointed out to the
jury the various matters for their consideration, and
said it was a question for them to consider that Mr.
Blake's property was worth in total 13,0004, and by
Mrs. Blake being a Yorkshire widow she would receive
about 7,0001. She would, therefore, be a loser in fact of
about 6,000/ ; and it was for them to say what amount
they would award.
After an hour's deliberation, the jury returned into
court with a verdict for the plaintiff—Damages, 4,000/.
CROWN COURT.—(B.efore Mr. Justice MAPLE.)
William Shelton, the driver of the goods train at the
Claycross accident, and who was indicted for manslaugh-
ter, was Acquitted.

MARKET IN TEL LI GEN cE,,
(From the London .New Price Current, July 29.)
Sucan.—To-day importers of West India Sagar were
42`54, desirous to realize, and accepting prices rather
"v‘..l,d,er those of Friday occasioned a good demand to pre.
ja,tfeor both grocery and refining purposes; the par_
la nds "r - 693 hhds, &c., including at auction 190
at 3:%rbadoea. which went off quietly, fine yellow
mid „rra? 408 Ed, good 37s 6d to 383, mid 36s to 375,
,700d° „ET yellow 47a 6,1 to 48s; 220 brls Antigua,
brownYZlP6cl37s 6d to 38s 61, low to mid 33s 6d to 365,
brls Grenad ,(1* 329, good to fine 32s 6d to 33s 6d; 50
24 trcs Jamaica,
a, low and mid yellow 33s to 355; 107 hhds
35s to 36i low .34s togo mid yellow 363 6d to 379, mid
to 349.34 s 6d, good to fine brown 333 6d
DEFINED.—To-day
caution for home consume
R fil?ed Sugar was purchased with
the
vpulon, the supply is rather larger,
tv.d 4Gs to 463 6d is
of brown lumps. Crushed
r..quailis doll of sale andalfoati:ro
rates are taken.
VAURITII79.--.ThiS
the public sales of
NI!, uritius Sugar went off heavlill at rather lower rates.
C/i 7,798 bags offered not above bags were sold,
J69' good mid to good
low to mid yellow at 33s 6d to
so• 6 1 to 37s 6d, fine 383 to 399 6d,
mid brown
083 to 31s Ed, good to fine 323 to 33.,, ge,,,71
3 pl/ow 403 to 433, ord and mid 363 to 395.t0 fine grainy
EAST INDIA.--.Thi3 afternoon there was a
I,m
,
market for all sort 4 of Bengal Sugar, and of 4114`0
former
et
bags at auction a small part only sold at about for
rates, vary floe grainy white went at 47s 6d to 48s, mid
good white Banares 39s 6d to 403 6d, low s, yellow
31s fid, and mid brown ditto, 283. Of Penang 615 bags
were taken in at 384 to 39s for low and mid white.
FOREIGN.—To-day there W 55 a fair export demand for
Foreign Sugar, but holders were desirous to realize.
There is no decrease of supply; a cargo of brown Per-
nambuco in bags sold at 17s per cwt. A mixed cargo of
Bahia realized 18s 3d per cwt.
MOLASSEB.—Operations are yet upon a small scale,
and rates are on the decline, ruling for low to fine West
India at 134 to 158 6d, Porto Rico 13s 6tl to 14s, Bengal