The Sun.
London, England, 1816-09-04 00:00:00

, CROSS V. THIL WATEIILOO-BRIDGE COMPANY.

Yesterday two applications for compensation In
damages. against the Waterloo Bridge Company,
for.houses to be taken down by them, in order to
forth the New Street from Wow'loo Bridge to
the Straw!, were tried at the Crown and Anchor
Tavern, before the SUR-SETERIFF of Middlesex,
and tt,Jury. The first was oti the part of Messrs.
CROSS, and Son, butchers.

The SOLICITOR-GEMERAL, on the part of the
plaintiff, stated, that Mr. Cross,was a respectable
butcher in the Strand, whose premises were to,be
taken front hint for the purpose of making a new
street to the Waterloo-bridge ; and the subject for
the consideration of the Jury was, what sum of
money would compensate him for the lost he TO
liable to sustain. Mr. Cross had lived in his pre-
sent house for u great many years, and it was al-
most impossible for him to get another like it ; for
the business of a butcher, unless carried on with
great care,, could not he set lip in a genteel and
public place like that Itt which 'Mr. Cross's
premises were situated, without the probability
that the neighbours would commence prosecutions
for a nuisance. That Mr. Cross had carried on
his trade with great care, so as to be permitted
bylaw to continue it, was a proposition which
he would undertake to say his Learned Friend
Sedeant Best) would not venture to deny.
`The business of a butcher*had been carried on in
Abet house for a period of 50 years. It hail been
formerly conducted by an uncle of Mr. 'Cross's,
and always had been found to have caused little
offeuce, it' being so contiguous to the river, that
he was enabled to carry oil' the offensive parts of
the trade almost instantly. • The current of air in
that Vicinage was peculiarly desirable for the.stock
and trade of a butcher, fur the meat had been found
to keep 24 hours longer there than it would in any
situation theta there was not a free current of air.
Under these circumstances, he conceived that the
premises and situation were to he estimated by the
value they, were of to the occupier, and lie was not
compensated unless he was fully paid for bath,--
There were betireen 15 and 16 years to come of
the lease ; the rent was but 221. per year ; and
Mr. Cross had an advantage that did nut belong
to many butchers, viz. that of being able, to
slaughter to a certain extent. himself,whercby large
profits accrued ,which would of herwise go to the car-
cass butcher. lie (the Solicitor-General) would ven-
tme to say, without fear of contradiction, that there
was not one house from Chat ing-cross to Temple-
bar in which Mr. Cross would be permitted to
set up the business of butcher ; and the proba-
bility was, that he would-not have been permitted
to continue there, had it not been for Isis long
possession, and the situation from its contiguity
to the river affording a facility for the removal of
nuisances that might arise. Under these circum-
stances, be would refer the jury to their own plain
good sense to assess what compensation would bean
equivalent for so may losies. He should prove to the
jury,the quantity ofcattle bought, slaughtered, and
the meat sold. The cattle were not lugged in at the
'front dnor, to the great annoyance 43f the neigh-
bours and passengers, but were carefully driven
' round by .e privete, way. Mr. cross cm tied on his
business behind, and strangers would not know
from the front of the shop whether he purchased
cattle in large quantities, or bought a leg of mut-
ton at a time.—(4 lough.)--The Learned Geode-
map concluded by observing, that all he required
at the hands of a Jury was a full, fair, and honest
'compensation, • ,

The lease MI% then produced; it.was granted to
a Mr. John Cheese for 50 years, from the 18th of
December 1781.

Mr. Samuel Page, a surveyor, was then called,
and said be hail practised inthatppacity for many
years. Witness had been employed to value-
honses both on sale and lease in the Strand. *Mr.
Cross's premises measured 120. feet deep, and 16
wide, Crown and ecclesiastical, leases sold for
Minch more than other leases. IVitness believed
them to be worth a rent of 4501. per year, dc-
ducting ground-rent of 221., land-tlx il. 134. 10d.,
repairs 121. 6s. 3,1,, insurance. 101. They were
in a substantial state, except a little damage in
the slating, Witness thoisght the preiniics bad
bein built about forty years—there was a slaugb7
ter-house on the premises for beasts and sheep—
there was a back way, end a declivity towards the
river, calculated to carry off the offensive part of
his business—they were vcry well situate for ven-
tilation—the current of air was particularly
powerful. Witness could not speak to the value
of such 4 situation for t;te carrying on of such a
business. Witness considered that the amount of
damages sustained would be 50.80/,' •
Mr. Wm, Pitcher concurred in opinion with
last witness.

Mr. rotinier also, gave an cogniation very near
the lait witness.

Mr. Bramittott, clerk to Mr. Stannard, of-Smith-
field-market, was called to peove the motley pall
by Mr. Cross for cattle for the last two years and
three quarters it was from Mr. Cross's own
account.

Mr. Setieant BEET objected to this being re-
ceived as eVidence; and demanded Mr. Cross's
books, instead of such a garbled eiCCOIHIC of pro-
fiti without losses.

The SOLICITOR•GENERAL Would not sofTer any
tradesmen's books to be so ransacked,

At length it was agreed that Mr. Cross's, jll-!
niov's, evidence should be received from his batik-
er's book ; when it 'appeared that he averaged
10,5001. per annum to have.been expel ried by his
lather in meat of all descriptions, upon which be
calculated a Profit of 20 per cent., or Itl, per lb.
The Counsel on both sides then had a consulta-
tion, and ,after a short conversation, the Solici-
tor-General said that the parties
_on both sides
had come to an agreement as to a sum, which
sum the Sheriff was requested to put on paper,
and band to the Jury,svhich he did, and the Jury
returned the assessment, which was 5,000 guineas
ocinvensation.

EGO V. THE WATERLOO-H(111)On COMPANY.
' The next application was on the part ut
EGG, gunsmith.

The SOLICITOR-GENERAL itateti (0 the July
that the preinihes, for the lots of which they there
now ratted on to give compensation, were very
valuable. They consisted of _nee dwellinp.

house, an eXtemive tifti»Minaattory tttaelted to
it, cutisistinv of several floors, and tt large yard
for frying, the guos
,and pistols by shooting at
marks. trying;
MO; held these premises on lease,
,of which nearly I°Oyears were still unexpired. at
A rent of 301. a-year,. lie had given in 3g03,
3,3321. for the le,sse, 3001. tor some fixtures, and
It}trl.iaid out 2,2731. itt dditions and repairs'.—
Pain of the house lie hail let to Mr. Arnolclswatch-
trinker.,-itt 1601. a•year. It would ,aprear in evi-
nEnce.:that the-lituation was• one of the most
tavantageous which could be pointed out for a
person of Mr.' Egg's business, and -that it would
he alisrost impossible fair him to :get.otit which
wont(' suit him so well.

4 •
Mr. Edward Clements had been a clerk to Mr. Egg wheti
he came to live in the Strand. Mr. E. hail given 2001. (or
the fixtures on the premises when he came, and had laid out
in additions and repairs obant-12751. these repairs were going
On lv two yra.rs find a half, during which M. E. had been
at considerable loss in business, and been paying rent and
taxes for these And some tract premises, which he was oblig-
ed to hold till his own were tioished, the whole of his loss by
that was a!iotit 7001. Thu remorat front his present situation
was likely to be attended With con%itienthle loss front the ex-
treme 'difficulty, if not turterssibilitv, of not being able to
procure so good a • situutiAi.t. Being on the South-side
was of, consideralde advantage to Mr. Egg, as the
stocks of fine grins were apt to warp by being expos-
ed to the sun. The usual profit, clear of all expellee,
of Mr. Egg's business, was 25 per cent. In his cross-
examination this witness said. he had had the best opportu-
nity of knowing Mr. Egg's profits, as he kept his books. He
did nut live with Mr. Egg at present, and had not for
seven years past. Here the witness was asked the anionnt
of Mr.,Egg's receipts for the time. he lived with him, but he
not twit* calculated' them, he Vas allowed to retire, and to
make it up. Towards the. close of the trial, utter all the.
other witnesses had been examined, he seas introduced, and
'prisced that for the tire years, he had lived with Mr. Egg,
ending in 1809, his rrecipts In been 32,8551. averaging
6,ti7 1. a year,vn which 1 here was a proAtint 25 per cent.
Mr.- Stanton, gun-maker. had seen Mr. Egg's premises,
,and thought them the urost`conveniently situated for his lausi-
nest of . any in ',porton. There wits just that portion of light
which suited the trot WhO were not at all inconvenienced
by the beat of the sun. It would be most inconvenient to
Mr. Egg, and a Considerable loss, to be removed, and if he
should gi;t a situation where'his wet k-shops did not adjoin his
dwelling-!roust', jt would cost bins 2001. a year to erophiya
forgation to look over the men. tie thought the profits of .a
gins- maker about 33 per cent. The expenee of 'renroving his
stock, if he had a place lo go to, would be of out 6001.
Mr. Wilkinson, gun-maker, gave nearly the same evidence
ass to the good situation and convenience of Mr. Egg's pre-
mises, as the last witness. He added, that a gun-maker
ought to make from ig to 45 per cent. by his business: it was
only'a fair profit.

. --
Mr. Donaldson, a cut vevor,'Raid, that three years' 'Wok of
the trade was it fair price fur gond-will.
Mr. Pitt, a Survey‘r, had examined Mr. Egg's premises,
and read the different calculations of their value. By the
first, including the value of the lease, the "reversion, the ex-
pences he (Mr. E. had been at in the repairs, the probable.
expense of removal and the good will, be had estimated the
whole et 98671.. The result of a secogd calculation was
10,61171. and that of a third 10,1171. On his cross-examination
this witness said he believed the calculation he had just read.
He had helm a Survevos since he was thirteen years of age.—
He had once been in irade,.and had become a bankrupt, bad
kept a coffee-hou•e fin -tt time.• •
Mr. Were, a Surveyar, thought Mr. Egg's lease worth
34001.

- Mr. Mitchell, a SurVeyor, estimated its value at 33511. ex-
clusive of the chance of reversion, which he valued at 27851.
even with na increabed rent of i ul. rtie expence of removing
the stock wag ohout Sol. nod if there was not a proper place
the loss might he tinol.

Mr. Scr-;ise proved that •Mr. Arnold had.paid Mr. Egg 1.601.
a year for the upper part of his house. • • •
Mr. Burt,a Surveyor. estitnated theNaitte of the premises
at W7l. and the reversion at .112,)(11. Ott toss on the fixtures
at 3001. and the expeoce of removal ahinit 401. or 591.
Ai r. Herring, an auctioneer, valued the lease at 31701.95. 3d.
and the chance of renewal at 17641. The fixtures .ut. about
5001. iti all aboitt two-thirds of which would' be a hiss by the
removal; the cost of removal iniht be, illniut 401. or Gol.
Here the cute closed on the iEtit of Mr, Egg.

Mr..Serjeatit BEST addressed the Jury on behalf
of the Waterloo 'Bridge CoMpatty, and enntentled
at .great length that it was impossible any credit
could be Attached fo the • extravagant statements
made by Mr.' Pitt as to the value of the' premises.
It Was a fact that Mr: Egg could not be the loser
by a removal, which it was attempted to make the
Jury believe, for he was a man well known in his
business ; and to whatsoever part 'of the city he
went, he would•Sbe followed by those who were in
tbe,.habit of dealing with him. The Jury should
put out of their consideration any compensation
for the chance of renewal, as• the IVatcrloo Bridge
COmpany bad been obliged • already to purchase
the interest of • the Duchy of Lancaster in the
ground, and .had been obliged to p'ay to 'the last
farthing its Inmost value.—;The Learned:Seije-ant
called no witnesses.

The Sus-SHERIVF summed up the evidence;
and' the Jury, after retiring for a 'short time, re-
lamed ayetdiet—;-

For the Lease • ,C3500
lof he Good-will, &c i ioo

Total 4 00