The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-08-24 00:00:00

repair and exclusive use by hims; and the damage done to ration had made various efforts to improve the condition
£lOO. A person named of the town. Among other-
places, they had, directed
T-1:- -4-- AL- • •. 121_

J osep._ ..Ked for Messrs.
that he saw a number of men, under the orders of Mr. I w". -
Duerdon, in the act of committing the trespass, and that at the models, (two of which were on the table,)
in consequence of it the dyeworks were stopped. Wm. would find that the Corporation had already been opera-
Lke, the lessee of a corn-mill under the plaintiff, ting to this extent. There had been various projections.
confirmed this statement. He saw thirty-five men with There had been projections, also, which had narrowed the
Mr. Duerdon, breaking the weir, and in consequence of the width of the street ; and what the Corporation had done
time to time they had bought up the
water being takenaway, his mill was stopped. Several other was this :—From
witnesses were examined, and one of them, Matthew, various buildings which created that irregularity, and they
Blackwell, a strs-- "son, estimated the expense of re-
had perfected a complete lire of street. • They had, there-

ackson, proved

pairing the weir at £ll9, which was confirmed by Mr. tore effected a considerable improvemem. ......___
Wilson, an architect.—Mr. Baines, for the defendant, rid of the irregularities, and, what was of extreme impor-
submitted that if the case resolved itself into a question tance, they had laid down a line of street, which at once
of damages, it would be found that the amount estimated designated how the street was in future to be carried.
by the plaintiff had been exaggerated. Mr. Brooks's They had done more: they had interrupted the progress
works were opposite those of the plaintiff; they were of even some slight projections. Clare-street, as it cx-
called the Ardwick works ; they had existed for thirty isted in 1842, presented some impediments to the carrying
on of a direct line. The line went in a straight direction
years, and the water of the river had been used as water,
according to the custom, namely, with a view to the con-
to Clare-street. One of the houses went back. Then
venience of all parties interested in it. This had been
there was the house to which the attention of the jury
the case until about two-and-a-half years since, when the
would be particularly directed, and in front of the whole
plantiff caused the paddle of the sluice to be raised, which
there were certain areas enclosed with pallisadings, rest-
allowed the water which had been collected to run off. ing on a stone coping which belonged to each house, and
t
On the plaintiff's side of the river there was a mill race that presented an obstacle to the carrying on the line of
near to his works, through which the water flowed; and street in the way in which it had been thought right to
in its course it supplied first the print works, and then the conduct it. The object was, to carry all on in a straight
corn mill ; but lower down the stream there was a sluice line from Islington-terrace. He would now proceed to
or culvert, with a paddle which, on being raised, had the direct attention to the language of the Act of Parliament,
effect of laying the whole river dry. For thirty years and the question then arose on its construction. The act
Mr. Brooks and his tenants had taken water from the contains a good many provisions. He saw by the 93rd
river to supply their dyeworks ; and until two years and section, that forthe purposeofrenderingvarious streets uni-
a-half ago the paddle belonging to the sluice had been form, power was given to make alterations in the fronts
worked with convenience to all parties. The defendant of houses and the particular streets therein named ,
threatened legal proceedings against the plaintiff, for There was power given to alter the-streets so that one
raising the paddle, and throwing his works dry • and this uniform line and range of buildings might be formed on
) the I2th July last, when the paddle P
againform e rl -
raised,
threat had the effect of causing matters to continue as each side of the way. The 54th section was the more im-
ortant section, fotr thfat enacted that when any house or
untilwhereby great inconvenience causedwas wtaos building,
of
tleh ruawprojected beyond the
odowz beyondt etrheeb Ur oe s t
the defendant, by his works being run dry. There could regular- linaeu}or of the
be takena altered,each
be no doubt that a breach had been made in the weir • side thereof, should
but he contended that £lO would be sufficient compensa- the same should be set back to the line of the rstreet or
tion.—Two witnesses were examined on behalf of the de_ the line of the adjoining houses or buildings in such man-
fendant ; one of them stated that £l3 ls. would be suf- ner and according to such elevation as the Council should
ficient to repair the weir.—Mr. Martin replied ; and after approve for the improvement of the street and when the
the Judge had summed up, the jury returned a verdict for next house or building should not adjoin the house or
the plaintiff, damages £ll9 ls. building to be so taken down, but should be se

bey hac

The Court adjourned after hearing part of the next
case.

COLLISION AT SEA-GAR NE AND OTHERS V. SYMES

This case, which was commenced yesterday, and Con-
cluded to-day, was what is called " a running down" case.
It was tried before a special jury. Mr. Martin, with whom
were Messrs. Cowling and James, appeared for the plain-
tiffs ; Mr. Knowles and Mr. Atherton for the defendant.
The plaintiffs are a company owning an iron steamer called
the Tynwald, and the-defendant is Captain Symes, com-
mander of the steamer Urgent, which is employed in car-
rying the mails between Liverpool and Dublin. The ac-
tion was brought to recover a consideraole sum of money
for damage done by the Urgent to the Tynwald, on the
31st December last. The exact amount, it was agreed,
should, in the event of the verdict being for the plaintiff,
be fixed by some competent gentlemen, to be mutually
agreed upon. At the time of the occurrence which led to
the damage, the Tynwald was chartered for £2OO per
week, by Messrs. Langtrys, of Belfast. She was then a
new iron vessel of 300 tons burden, with two engines of 150
horses' power. On the morning of the 31st December,
the Tynwald having sailed from Belfast the previous night,
was run into by the Urgent, near the Formby light-ship,
and very great damage done. The Urgent was at that
time going at a great speed, and it was contended on the
part of the plaintiffs, that the speed was too great. On
the other hand, it was urged that if the Tynwald had con-
tinued in her course, instead of lying across the steam,
both vessels would have gone clear. The witnesses on both
sides admitted that the weather was extremely thick. Evi-
dence was produced on the part of the plaintiffs to show
that every precaution was taken, and all the Admiralty
rules observed to avoid collision ; and in reply to this part
of the case, it was contended that the accident was such as
the law held to be inevitable ; that it had its origin in the
fog, and that, therefore,etelotekfeed up for ratherndautwasno mtloiarel;
than
The jury, after having b

court, and he had also listened attentively to the state-
ment now made, and it certainly appeared to him that the
death of the deceased might be accounted for by the fact,
that while in the carriage he dropped his head on the
ferrule of his umbrella. which entered the eye, and pene-
trated the brain. Now, if that was the case, it would be
unnecessary to proceed with the case.—Mr. Bodkin said,
if that was his lordship's opinion, he would at once call
the surgeon.—Mr. Fogarty was then called, and said that
when he examined the deceased, he found that the ferrule
of an umbrella had entered the eye, and penetrated the
brain, and that would of itself be sufficient to cause death.
From the position of the body and the umbrella there
could be no doubt that the cause of death was accidental.
Other evidence was called, but Mr. Justice Erle stopped
)crated the case, and the jury acquitted the prisoner.
therefrom, then the same should be set back to the line of At the Croyden assizes, on Tuesday week, a somewhat
such street, provided always that compensation be made curious action for slander was tried. The action was
by the Council to the owner. Therefore the object of the brought by Miss Sarah Mary Hoare, against Commander
act was, that when any buildings, or anything in Dickson, of the Royal Navy, Secretary to the Royal
the nature of buildings, interposed with the regular line of Naval Benevolent Society. Miss Hoare is the daughter
street, whenever they should be taken down the Council of a deceased lieutenant in the navy ; at whose death she
should have the power of saying to the owner, " You took to literature for her support, but not succeeding, she
shall not advance them again so as to ineerfere with the was compelled, in 1838, to apply for aid to the society of
line of the street, but you shall put them in such a man- which the defendant is secretary. The subject of the ac-
ner that they shall fall into the line of the street." He tion by the plaintiff arose out of this application, and the
would now call attention to that which was called the precise nature of the slander was expounded in the evi-
" interpretation clause," because that clause would be dence for the plaintiff. At meetings of this society, the
found exceedingly important in the present matter. By defendant had stated that the plaintiff was "an impostor,"
the interpretation clause the word " house," or the word " a woman of vitiated character," "an abandoned wo-
" houses," were to include any messuage or dwelling- man ;" that she had been deserted on this account by her
house, any tenement, warehouse, manufactory, building, friends ; that she lived at an improper house in Woolwich ;
or other inclosure. The jury would observe, therefore, and that, although living in a house elegantly furnished,
that a house was not merely to be a house in the popular she used, when wanting money, to hire a garret and apply
sense in which ordinary people took it, but was to include to the society. It was admitted by the plaintiff, that a
any tenement or other inclosure ; and it would be one of committee of the society, specially appointed to investi-
the questions for the judge or some court of law hereafter gate the plaintiff's claim, had reported that she was not a
to decide, whether, within the meaning of this act of Par- fit object to receive the funds of the society. For the de-
liament, the word " house" did not include a tenement, be- fence, it was contended, that, as secretary, Captain Dick-
cause it was a tenement or inclosure which came in front of son had no option in the matter ; that his duty reqauitraeoernmde-
Mr.Norris's house. This would bethe main question in the him to make an investigation which brought to light facts
cause, and now he proceeded to explain how that question justifying his statements to the society :naenhrdeadlleebttteteeers were
had had arisen, At the time of the passing of the Act of Par- allowed to be read for the purpose of attesting Captain
liament he had already explained, an almost perfect line of Dickson's bond fides.
street had been perfected in Islington. The Council, how- Miss Hoare's brothers, stating Amongtatingthtialtessehe ,
ever, could do nothing with any remaining irregularities doned by her family on account of her misconduct. Va-
until the resent act of parliament had been passed, and rious other letters were put in, in some of which the
then they could do nothing until the owner of one of the plaintiff was described as an adventurer and " a complete
buildings shoo id take it down, because, not until then had female Jeremy Diddler." Upon the occasion it was stated
the council r, right to say, " You shall keep in the line of that she had courted a sect of Methodists, and had induced
the street." But they did this. Further on in the street a leader of this sect to visit her and confer with her upon
there we' buildings which did interfere with the uniform- religious subjects, and that after the interview he gave
ity of the line, and they continued to purchase them for her £5. The Jury interposed before the conclusion of
the pvipose of putting them in a line with the street. the evidence ; and, under the direction of Mr. Baron
Now, then, he would draw attention to the manner in , Parke, who said that the defendant had done his duty%
which the present action had arisen. This [pointing to a I the plaintiff was nonsuited,