The Sun.
London, England, 1842-12-09 00:00:00

No. 15,69.!.

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•

WEST -N. i) A MAILS.
The ROYAL MAIL STEAM PACKET COM-
PANY'S SHIP SOLWAY is appointed to take out the
Mai sof the 15th of December. The Solway will leave Sou:11-
' a mpton on the 15th of December, at. One p.m., and proceed direct
to Falmouth, where she will receive the Mails, and depart. on
her outward voyage on the 17th of December, calling to land
and embark passenflers at Corunna and Madeira. PaSsengers.
parcels, Rte., will he carried by the Solway to all the British
West Indies, except Berbice. Honduras, and Turk's bland ;
also to Martinique, Guadaloupe, St. Thomas, Havana, Porto
Rico, and St. Jag° de Cuba. Berths may be secured at the
Company's office, • 53. Meorgate,treet, London 411 letters
conveyed by these packets must pass through the Putt-ollice.
All luggage intended for embarkation in the Solway must be
on board early on the 14th of December.

. .
• LAW INTELLIGENCE. [have been a railway guard four-and-a-half years..
COURT OF QUEEIVS BENCH, Dec. 8. I was on the Great Western line two-and-a-half years,
(Sittings at Nisi Prius before Lord DENMAN and a and on the Northern and Eastern line.
Middlesex Special Jury.) Cross-examined—I cannot say exactly the number
CARPUS V. THE LONDON AND BRIGHTON RAILWAY of carriages that were with that train. I was
COMPANY. hurt, and therefore could not take any account.
,
This was an action brought by Mr. Carpel, an emi- I cannot say who took the account. It would have
rent' surgeon, to recover damages from the London been my duty if I had not been hurt. There were
'and Brighton Railway Company, for the injuries suf- 100 first-class passengers, and 60 second-class. From
fend by him in consequence of the terrific accident Newcross to Dartford Arms we had two engines put
which occUrrel on that line on the 2d of October, 1841. on to go up the ascent. When we got to the top of
The Attorney-General and 'Mr. Hayes appeared for the ascent we left it. 'We put on two engines from
the plaintiff, and the Solicitor-General, Mr. Thesiger, Hawley ' • the second was to enable us to get up the
and Mr. Swann for the defendants. , ascent. We did not take it off when we got to the
The ATTORNEY-GENERAL said that the plaintiff top, because we had no order to do so. Both en-
was a surgeon eminent in his profession, and most gives were in front of the train. After the six-wheel
probably well known by name at least to every one engine came a composite carriage with passengers in
of the Jury, and the defendants were the proprietors it. The coupe carriage was two or three behind. In
of the London and Brighton Railway Company, the composi‘e carriage, when we left London, there
who, although they said that their railway was a pub- were only Mr. Carpue's two servants. The carriage
lie highway, yet acted as common carriers conveying has three bodies, and they were in the body furthest
goods and passengers on their railway. On the 2d from the engine. Next to the composite carriage came
of October, 1841, the plaintiff took his passage in one ten or twelve first-class carriages, then another corn-
of the open *carriages; accompanied by two of posite, and then a horse-box. We had two trucks and
his servants. On the arrival of the train at Copyhold- two private carriages on them. The luggage was on
cutting, about thirty-six miles. from Londoia, when the the top of. the carriages. Jackson was driver of the
train, propelled by two locomotives' was proceeding at six-wheel, and Goldsmith of the four-wheel. I was
a very rapid rate, the train ran off the line, the car- on the composite carriage next to the engine when the
riage in which Mr. Carpue was was crushed—his accident happened. I did not hear or see any signal,
two servants were killed on the spots and he himself but I have since heard one was made. I have heard
so severely injured, 'that he was taken to Brighton that Copeland made the signal. He is here. I do
n
in a most dangerous ' state, where he remained for not know whether Hinge the policeman gave the sig-
some time ; and at the present moment lie was inca- nal " All right" or not.
pacitated from performing his professional duties, and The ATTORNEY-GENERAL—When the accident oc-
would most likely so continue to the end of his days. curred did, you hear anybody say that Copley had
Baron Rothschild and Mr. Seymour, who were pas- made the signal to slack ahead. Witness—l have
sengers by the train in a first 'class carriage, at the heard it since, but at the time I was taken up sense-
time the accident happened, stated, that before ap- less, and did not recover until the next morning.
proaching Hay-ward's Heath, the velocity with which Lord DENMAN—IWC cannot take as evidence what
the train was proceeding greatly increased • that the you heard afterwards.
rapidity with which they were proceeding became the Re-examined—l was striding up
.facing the en-
subject of conversation ; and that shortly afterwards gine, on the composite carriage, at the time the acci-
they felt the shock of the concussion consequent upon dent happened. Mr. Carpue was not in the carriage.
the accident. Mr. Hotham was asleep when the ac- His servants were. There are policemen and plate-
cidcret occurred. They got out, and perceived Mr. layers stationed on the road, to give proper signals if
Carpue sitting on the coupe of an open carriage, appa- there is any danger of the train not going safely over
,
rently suffering greatly, . and seriously injured; the the ground. There was more steam in the first en-
open carriage in which he had been riding crushed, gine than in the second. I did not observe any in the
and his two servants killed. The train had been pro- six-wheel engine.
ceeding with two engines in front. Arthur David Harford—l was under-guard when
Professor Barlow, the Professor of Mathematics at the accident occurred: I was on the last passenger
Woolwich, had examined the railway at the place carriage at the time. A short time before the acci-
where the accident occurred, on the sth of Octo- dent I felt the speed decrease, and in consequence I
ber, the accident having occurred on the 2d of October. stood prepared to apply my break. I looked out, but
He believed the subsoil in which the sleepers had saw no signal. This was about half a mile from the
been laid to be composed of sand and clay. The place where the accident occurred. I felt a slight jerk
sleepers were laid in the sand-ballast; they were not when the accident occurred, but not sufficient to do
bedded in the sand, they were laid on it. If the sub-1 me any injury, or to injure those in the carriage
where I was. I got off and observed that both the
Soil were mud, it would give way. He thought it
was mud from what he saw. He saw mud running engines had run off the rails. I suppose we were then
down into the drains, which he thought might be going at about 22 miles an hour.
from the subsoil. In the cutting where the accident Cross examined—There were two composite carriages,
happened, the gradient was a descending one. five first-class carriages, and one first class coupe
Mr. W. Lucas was a passenger by the train when carriage, one horse box, and two carriage trucks, on
The accident occurred. It appeared to himthat the the train. I did not know anything about our being
train was going with very great rapidity before the behind time. We had no delays, that lam aware of.
accident happened. There was not a tender between We had not made use of more than the ordinary ye-
the second class carriage and the engine. locity to make up for lost time. Our ordinary velocity
Lieut.-Col. Sir F. Smith—l went to the spot some is from twenty-five to thirty miles an hour. We were
weeks afterwards. I was Inspector-general of railways eleven miles from Hawley when the accident hap-
for upwards of a year. On level lines and with rising pened. We had been going at twenty-eight miles
an hour before the accident happened. Four persons
gradients I see no objection to having two engines in
front, but on descending gradients. I should not ap- were killed. The guard, the engine-driver, and Mr.
prove of them. If I must have them, I would have Carpue, were severely hurt. Those who were killed
them both ahead. I would have breaks at intervals. were in the carriage nearest the engine. 'With the
No man can give you a distinct opinion, as I
exception of the persons in the carriage nearest the
examined the nature of the soil at the place where engine, none were seriously hurt.
the accident happened before the line was in use. James Copley—l was employed to keep the roads
Generally speaking, I thought the line was in good clear in the Copyhold cutting at the time of the acci-
order, when it was first used. The upper part of the dent. It was my duty to make signals to the trains.
cutting was sand-rock, and I think the lower part I hold my hand out straight if all is right—l hold it
also. The ballast was laid on a sand-rock. On the up if they are to slacken speed. There had been a
Birmingham and Gloucester line they take off one of great deal of wet three or four days before the acci-
the engines when the gradients are increased, dent, and on those days I had given the signal to
Cross-examined by the SOLICITOR-GENEitee—l slacken speed. Ididthe same on the day of the accident.
inspected the line carefully before it was opened. I That train did not appear to me to be coming quicker
thought that in many respects the line was admirably than any of the others. The signal was obeyed; the
done. A new line requires much more care than a six-wheel engine put all her steam off, and the steam
line long opened, and must be used at a moderate rate of the four-wheel one was slackened. The accident
of speed. Slips will happen on all raileveys. It is occurred after the train hat passed me. I heard of it
always safer to have trains divided by an interval of soon after. I left the service of the Company about
fifteen minutes, than to have a long train with two or the latter end of last June. The soil in the cutting
more locomotives. is clay and sand-rock. The sleepers are laid on sand-
Re-examined—If the steam were shut La front rock.
the second engine, it would eventually diminish the Cross-examined—l was a labouring man in the
speedof the train. The ruling gradient in the Brighton cutting, employed to get stone-rock for ballast by the
line is 1 in 264- The Great Western is a level line, side of the cutting. To get .rid of the wet we oleared
with the exception of the Box tunnel. You may use the grips out as soon as we could. We had been at it
higher velocities on the Great Western than on the three or four days before the accident, for the water
Brighton. and the mud kept running down the slopes into the
By the Counr—Having heard the evidence o grip. I should think the wet would soak in among
Professor Barlow, Ido not agree with him in opinion the sleepers, and that might make the road rather
as to the subsoil. I think it very possible that what looser. That was what we were guarding against by
he sew draining was the supersoil, and not from the keeping the drains cleared. We had ten men em-
cutting itself. I did not test the soil under the ployed to prevent the wet getting among the sleepers,
ballast. which would make the road lighter, and less firm to
Mr. W. llatliway, surgeon, at Brighton, attended go on. It was all sand-rock that it was ballasted
the plaintiff after the accident. There was great with. We had men employed on purpose to get
compression of the body, but no bones were broken. rid of the wet, but we could not get rid of it
The chest was flattened, the pulse was fluttering, and all at once; because it kept coming down every day.
he was suffering dreadful pain. Witness applied 100 The accident happened on Saturday. The drains
leeches to him, and bandaged his body. He was not were cleared out by the Monday. There were only
capable of motion for eight or ten days after. He five or six men employed before the accident, but ten,
was in a dangerous state for at least five days. He I believe, after. I cannot tell to a man how many
suffered dreadfully for a fortnight. In about a month there were before the accident. I will swear there
he was able to leave Brighton to return home. were five. There were more put on after the accident.
Prior capable of practising as ' The train had passed me about 250 yards when the
asurgeon,
nervous system is dis-• accident happened. It was about half a mile from me
t o theb
utn accidentow he
hise
whole Was
ordered. Ido not think he will ever be able to follow when I gave the signal. I did not seethe train when
his profession again. the accident happened. I was going home to din-
Cross-examined—l think he is about seventy-two ner, and my back was turned to it. • There was no
years of age. I understood he was practising as mischief done to the road. The ten men were em-
consulting surgeon at the time of the accident.- ployed in clearing the pipes and getting the ballast.
Mr. George Simpson, surgeon, Bedford-square, has Mr. John Hardy, M.P.—I was a passenger by the
known plaintiff 22 years. Had seen him shortly train on that day. lam Member for Bradford. I
before he went to Brighton. Has seen him since was in the close part of the carriage, next the engine.
his return. Saw him the day after. He was much I think I was sitting with my back towards the en-
affected, and burst into tears. He suffered greatly gine, in the centre seat. rfelt a great shock, and
from the effect of the accident._ Plaintiff is not in a heard dreadful screams, and the carriage we were in
state to continue his profession. He was before he was thrown' across the road and part-way up the hill.
went to Brighton. I had been grumbling all the way that we should not
Mr. John Roper, surgeon, New Cavendish-street, arrive at Brighton in time, and just before the acci-
has 'down plaintiff professionally twenty-four years. dent happened I was still complaining that we were
Up to the time of the accident he was carrying on not going fast. I have been accustomed to railway
business as a surgeon. Since the accident he-has been travelling. I have Lein on the railway frequently
incapable of performing any surgical operation. He before. Ido not think we were going at any unree-
is improved, but I should be very doubtful of his sonable speed. We were gcing at from 23 to 25 miles
recovering sufficiently to take an active share in the an hour.
duties of his profession. Cross-examined—They were rather behind time,
This was the case for the plaintiff. perhaps from eight to ten minutes. I do not remember
The Scancrrost-Geeienal. submitted that the defen- Laving made any complaints within the hearing ofany
dents had not received the proper notice of action re- of the servanteAf the Company. Mr. Carpue and his
quired to be given by the 205th section of the Act. servants were in the open coupe behind the part of the 1
point. carriage where I was.
for the defendants. He could not doubt, from all the been made to put the two trucks and those parts of the
L then addressed the jury The ATTORNEY-GENERAL—If an arrangement had
TheLor dsDOLEINcesue:R r..GesEerNvEeßdA the
circumstances of the case, but that there was a strong train not containing living human beings between the
feeling against the defendants.. ge- engines and the passenger carriages, do you think this
were accident would have happened ? Witness—l think
properly careful, these accidents would never happen ;
nerally held that if the Directors
not, because no accident occurred except to the pas-
but he found that let Railroad Die NoVfa s,
Raanuorpoiandir
Directors be as careful sengers in the first two carriages.
as they might, accidents would happen, and if he The ATTORNEY-GENERAL—If the proprietors of
showed that this accident had occurred, not through railways would take the trouble to place a blank car-
any negligence of the defendants or their servants, riage between the engine and the carriages containing
then they would do justice by returning a verdict passengers, do you not think that the chances of acci-
for them. The accident had occurred in 1841, and dent would be materially diminished ? Witness—Cer-
the plaintiff had not brought his action until seven tainly it would.
months afterwards, and then without giving any The SOLICITOR-GENERAL—Suppose the accident
notice of his intention of so doing, thus preventing had happened at the back of the train this would have
them from tendering him compensation if they had been no prevention? Witness—Certainly not.
been minded to do so. He should produce persons The SOLICITOR-GENERAL—lbelieve you attempted
who were travelling by the train, who would prove to get some legislative enactment introduced on the
that so far from the train going too fast it was going subject ? Witness—l did.
slower than usual. He should call the officers of the The SOLICITOR-GENERAL—There was a great dif-
Company, who would prove that the steam had been ference of opinion on the subject ? 'Witness—There
shut off, and state the rate at which they were going ; was.
and in this case the charge was that the en- The SOLICITOR•GENERAL—And I believe the ma-
gineer had driven with too
improperly
great rapidity, not jority was against you ?
that the Company had constructed The ATTORNEY-GENERAL objected to the question.
the railroad. That was not the question now at issue, Lord DENMAN—I believe we are all aware of what
but if it had been, the evidence of Sir F. Smith was occurred.
sufficient to show that the railroad had been properly Re-examination continued—lt is not the custom on
constructed. The charge was that of rapid driving, other railways to put blank carriages between the
and he should distinctly meet the charge by the wit- engines
the COURT—I think that two carriages shouldines and the passenger carriages.
B
nesses lie intended to call. What occasioned the
engine to go off the line he could not explain, but he be placed between the engine and the passengers. One
should prove that every proper and possible precaution be sufficient.
would not
had been taken to prevent accident. He should prove Mr. J. Wood, the son-in-law of last witness, was
that the road had been properly constructed, properly with him when the accident occurred, and did not
maintained, and that the train was not travelling with think they were going unusually quick.
an improper degree of velocity. The Learned Gentle- Charles Goldsmith—l was driving the four-wheeled
man then called the following witnesses:— engine at the time of the accident. I had been em-
Thomas Kitchen—l am a guard in the employ of ployed by the Brighton and Southampton Railway
the Brighton Railway Company, and was guard to Companies before - I joined the Brighton. I joined
the train to which the accident occurred. It was a the train at Hawley. The four-wheel engine was
first-class train, with upwards of twelve carriages. the. first. Jackson drove the other. We were going
From Hawley we had two engines, a four and a six from 23 to '25 miles an hour. We were not going at
wheel ; the four-wheel first. As we entered the cut- any unusual or improper speed. Before the accident
ting where the accident occurred, the four-wheel happened Jackson had shut off the steam from his en-
engine had most steam on. This was at Copyhold gine. That was about a mile before the accident
cutting. The rate we were going was from twenty- happened. I slackened the greater part of my steam.
three to twenty-five miles an hour. I saw the drivers I saw Copley give the signal. I had slackened speed
before we left ilewleP They were perfectly sober. before. I was very much hurt. I believe my engine

•
HUMMER Y, MAYOR.
COMAION COUNCIL, holden in the Chamber
of the Guildhall of the City of London, on Thursday,
the Bth day of December, 1842,
Resolved—That the continued and increasing depression of
the manufacturing, commercial, and agricultural interests
id this country, and the wide-spreading distress of the
working-class's is most alarming—manufacturers without
a market, and shipping without freight; capital with-
oit investment, trade without profit, and farmers strug- •
gling under a system of high rents, with prices falling as
the means of consumption by the, people fail ; a working popu-
'at ion rapidly increasing, and a daily decreasing demand for its
labour ; union-houses overflowing as workshops are deserted ;
Corn-laws to restrain importation, and inducing a starving
laeople to regard the laws of their country with a deep
sense of their injustice. These facts call for the immediate
application of adequate remedies. That this Court anxiously
appeals to the First Minister of the Crown to give practi-
cal effect to his declarations in favour of free trade, by
bringing forward, at the earliest possible period, in the ensuing
sei,sion of Parliament, such measures far securing the unre.
striated supply of food, and the employment of the people, as
may effectually remove a condition of depression and distress,
too widely prevailing and too rapidly increasing to consist
with the safety of the community, and the preservation of our
social and political institutions. ..MERE WE THE R.

Wa3 the first knocked off the rail. I remained insen-
sible some time after the accident.
Cross-examined—l; was first taken on as fireman.
I had been a driver a month or five weeks. I had
245. a-week as fireman, and two guineas a week as
driver. We might have been going 30 miles an hour
shortly before the accident; we were about two miles
from the place when we slackened speed. The place
of accident was five miles from the top of the ascent.
We went about two miles at the rate of 30 miles an
hour. While going up the ascent our speed was 20
miles an hour. I did not slacken any more when I
saw the signal, because I had slackened before. At
the time of the accident I perceived a rocking. It
was momentary. I no sooner felt it than we were
over. There are no four-wheeled engines now used
for passenger trains on the Brighton line. lam still
stationed at Hawley. I drive a pilot engine. On the
day of the accident I was driving a pilot engine. I
was twenty-two on the 7th of last May. I was on the
Southampton line as a fireman. I have been brought
up to engine work for the last seven years, working
in the shops. I was never employed as driver until
I went on the Brighton line. I had been a fireman
three years before that. I was a bricklayer's labourer
before that. I have driven the engine of a ballast
train since the accident happened. That was for
about eight months. I did not drive a pilot engine
then. I had the same wages. This is not the only
accident I ever met with. I met with one since.
Re-examined--That was on the Croydon railway,
running into a train with a ballast engine. The matter
was investigated before a Magistrate, and I was quite
exonerated. •It occurred in consequence of a person
standing before the signal light, and hiding it. The
fireman is the assistant to the driver. It is usual for
drivers to serve first as firemen.
• By the COURT—On my return to work after the
accident I was employed by the Brighton Company
to drive a pilot engine. Shortly afterwards some
slips occurred on the Croydon line, and I was then
sent with a ballast engine to assist them, and after-
wards on my return to the Brighton line I again drove
a pilot engine.
Mr. W. Needham, a builder, residing at Brighton,
had a full view of the train as it passed over the via-
duct, about half a mile from the cutting: It was then
going at the rate of twenty-five miles an hour.
Cross-examined—Witness was about, one-third of
a mile from the railway at the time.. •2.
J. Jackson—l was an engine-driver in the service
of the Company at the time of the accident, and
drove the six-wheel engine. • I have been driver in
the service of other Companies. My engine was
hooked to the carriages. Before the accident oc-
curred, at about a mile and a half of the place, I shut
off the whole of my steam. I had had very little on
before. I had lessened my steam when we came to
the top of the incline. After I had shut my steam
off the work was done by the pilot-engine exclu-
sively. The greatest speed we were going when the
accident happened was 22 or 23 miles an hour.
Cross-examined—l have been a driver nearly
five years.
Mr. T. H. Statham—l am the resident engineer of
the Brighton Company. I have the charge of the
locomotive department and of the line. There is an
inclination of 20 feet, 1 in 264, at the place where
the accident occurred. That is not by any means a
severe gradient. There is an ascent of lin 264
between Copyhold cutting and Brighton. I have
been employed ten years on railways, and cannot
imagine there can be any danger in going down 1
in 264 at the rate of 30 miles an hour. They go
• much faster on the Grand Junction line. I rode upfrom
Brighton that morning. The line was in good order.
I cannot conceive how the rails could be raised by
wet. The sleepers would not be affected while there
was good ballast underneath. The soil is all rock at
the bottom stratum. There is a clay above
the rock. The solid rock is excavated two feet
lower than the rails. There is no clay at all under-
neath where the rails or the sleepers are. The sleep-
ers are all laid on the solid rock. I examined the
place the next day. The rails were damaged by the
engine getting off the road. The drains were in per-
fect order, carrying off the water as fast as it came.
No damage had been done to the rails by the wet.
The rails were in perfect order that morning when ive
passed through.
Cross-examined—An accident hadhappened the day
before at Hayward's Heath tunnel, about a mile and
a half on. An engine had got off the line. That tic-.
cident I think was occasioned by something having
been left on the rails. The tunnel was dark, and the
men had been ballasting. The damage done was re
paired under Mr. Hall's directions.

E. CHAPPELL, Sec.

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No. 26, CORNHILL.
Capital £500,000.
Empowered by Special Act of Parliament.
DIRECTORS.
T. L A MIE MURRAY, Esq., Chairman.
Elliotson, AI. D., F. R. S. John Rawson, Esq.
John Griffith Frith, Esq. John Riddle Stodart, Esq.
Ranter Gordon, Esq. Clement Tabor, Esq.
George Lungley, Esq. Joseph Thompson, Esq.

A UDITORS.

Professor Wheatstone, F. R. S. I Professor Grares,A.M.F.R.S
ACTUARY—W. S. 13. Woolhouse, Esq., F. R.A. S.
PHYSICIAN—J. Elliotson, M. D., F. R. S.
SURGEON—F. S. Symes, Esq.
SOLICITORS—Messrs. Sweet, Sutton, Ewen% and Ommanney.

Mr. Hall, Assistant Engineer to the Brighton
Railway Company—l saw the accident occur. I was
leaving the cutting at the time, and was within five
chains of the train when it ceased to move. I exa-
mined the state of the road in the cutting that morn-
ing, and found it in good order. There had been no
raising of the rails. The road was in good order.
The drains were in good working condition. I walked
through the cutting on that day. I was the first
person who came up at the time of the accident. The
rails had been damaged by the engine running off
them. I ordered them to be replaced ; the crooked
rails were taken out and straight ones were substituted.
Some trains passed over the road that evening. It
took a very short time to repair the damage.
Cross-examined—The wreck was all cleared away
in a couple or three hours. The accident happened
at one, we began to repair the road at four, and it was
finished in a hour and a half. There were perhaps a
dozen men at work at it. I think there were four bent
rails taken out. I did not examine them so minutely
as to know if they were cut. I saw they were bent
and knew they must come out. 'lf there were any
people working during the night, they were working
at something else, not at the road. There were men
placed in the cutting all night to watch. If there
were half-a-dozen, then, that was the outside. I had
the arrangement of the matter with Mr. Maude. I do
not know if he is here. Mr. Rastrick placed him there
under the Coupany. I did not leave till eight o'clock.
I left a parcel of men there. 4
The ATTOR NE r - GENE a AL—What were they doing
then ? _

---11''itnesa—Walking about. I will swear there was
nothing done to the road but what was done within
an hour and a half after we began the work: There
were no men taken on to clear the drains. After the
kn'
llfour-wheeled engine was
accident, there had been men employed clearing the
drains, and there might be more or less employed after
removed
eh
ineo eee accidentdxatmhai
nt foredn night.
anythingti the
There
I was a portion of the wreck
removed that night, and some not. Persons were left
to watch the portion that was left. There were several
persons there who had been attracted to the spot by
curiosity ; in fact, the cutting was full.
The SOLICITOR-GENERAL said that was the case for
the defence'.

The ATTORNEY-GENERAL replied, and contended,
that in cases of accidents of this nature, Railroad Com-
panies were bound to sbow that they had not hap-
pened through their fault before they could be exone-
rated from the consequences of their conduct. He
commented severely on the conduct of the defendants
in not putting Mr..Rastrick, the engineer of the Com-
pany, into the box. He was in Court, and might
have been called. It was to him that Barlow and
Smith had been referred. The fact of the accident
having occurred raised a prima facie case of negli-
gence against the Company, and that prima facie.
case had not been rebutted. The Learned Coun-
sel commented severely on the careless manner
in which, from the evidence of Mr. Stat-
ham, it appeared the operation of ballasting
was conducted by the Company's servants, who, the
day before, had left a stone on the rails in the flay-
Hay-
ward's Heath tunnel, and who could say but that the
same thing had occurred in the Copyhold cutting,
and occasioned this accident ? Why, on the discovery
of the cause of the accident in the tunnel, did not
Mr. Statham immediately examine the whole line, in
order to ascertain whether similar carelessness had
left ballast en the rails on other parts of the line ?
There were two trucks. Why did they not put one
before and one behind ? Why, because it gave
trouble ; and the lives of a hundred and twenty per-
sons were to be risked, in order to save the servants
of the Railway Company trouble. It was the duty
of these Companies to omit no reasonable precaution
to ensure the safety of those travelling by railway.
In special trains, did they even put the carriage con-
taining the person travelling next the engine ? He
appealed to their experience on the subject. Was the
second class price less than the first class on account
of the additional risk to life and limb which those
passengers encountered ? He trusted the Jury would
teach the Railroad Company that it was their duty to
adopt every arrangement for the safefy of all classes
of passengers, and that the lives of second class pas-
sengers were as valuable as the lives of those travelling
by first class or by special trains.
Lord DENMAN summed up, and said that as the Rail-
way Company had the entire control of the land
through which the railway pasied,
therewith, there certainly was aand of machinery
prima facie case
against the Company, inasmuch as they had the entire