The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1851-08-26 00:00:00

SATURD.iy

Lowry and M`Nallv,j
found guilty of an assault on the
previous day, were charged conjointly with another assault
upon the man Pye, but acquitted.
Samuel Kitson was sentenced to seven years' transpor-
tation for breaking into the dwelling-house of James
Coombes, at Oldham. A previous conviction for felony
was proved against the prisoner.
Joseph Alison was acquitted of having killed John Hunt,

sonment

at Openshaw, on the 30th April. The prisoner and the
deceased were carters, and on the day in qu,!stion were
returning with their carts from A.liton to Manchester,
and were observed by several persons to be quarreliinfz.
Both parties:were in liquor; rnd in the evening the pri-

Boner arrived at home alone, and said that he had seen
nothing of deceased since they had baited their hors s.
The deceased's cart and horses were found on the road by
his wife, and next morning the body of deceased was
found in the road. There was some blood on the road,

but the sarzeon who examined the body was of opinion
that death arose from apoplexy. _

yard was sentennei

o six moot

For having wounded George Pomfret. at War-

appeared that the outer walls of the house were built on
the very verge of the plaintiff's land. On the 21st of
o,!tober last a gentleman named Robinson purchased a
plot of z djoining land for the purpose of building a house
upon it, and employed the defendant, who is a builder,
to build it. The defendant sank the foundations lower
than those of the plaintiff's house, and close up to his
gable wall, and to prevent it from tumbling in the defen.
dant underpinned it, to do which he excavated portions
of the earth under the gable wall. In consequence, one
night the plaintiff's wife was alarmed by hearing the walls
Icrack. This damage proceeded until the windows broke
impri- and the doors would not shut -

and the house was consi-
derably shaken. The repairs had cost £i3s 75., and the
house, for the purposes of sale, had been so permanently
damaged as to be worth from £2OO to £3OO less than it
was before.

For the defendant it was contended that had he dug
straight down by the plaintiff's wall, as he had a right to
do, without taking the precaution to underpin it, the
plaintiff's house would have tumbled about his cars, as the
foundation was of so sandy and loose a kind that it would
have fallen into the deeper .foundation which the defen-
dant was digging. It was also contended that the damage
done to the plaintiff's house had bee

over-estimated, as
a portion of the cracks existed before, owing to the insuf-N
ficient foundation and bad building ; that the damage was
not a permanent injury to the framework of the house,
the vertical settlement of the wall being only an inch,
and that £25 to £3O would repair it.
After a short absence the jury returned into court with
a verdict for the plaintiff, damages £197, and leave was
reserved by the learned Judge to the defendant to move
to reduce the verdict by the sum of £25 on a point of law.
DAMAGE IN BLEACHING : HOLLINS V. CROSS.

Mr. ATHERTON, Q.C., and Mr. SEGAR, conducted the
Mr. Edward Hollins, a cotton-spinner

plaintiff's case

and manufacturer, at Preston, brought the present action
against Mr. Thomas Cross, a bleacher, at Halliwell, near
Bolton, for damage caused to a quantity of sheetings which
had been transferred to the defendant by the plaintiff to
bleach, in the year 1850. The goods had been manufac-
tured by the plaintiff for Robert Outram and Co., ware-
housemen, in London, and they were sent to Mr. Cross,
who, after they were bleached, transmitted them to the
house of Messrs. Pickford, Swanwick, and Co., the 'agents
of Messrs. Hollins in Manchester, by whom the goads
- _ _ _
were fo

warded to Messrs. Outram and Co. They were
sent to Messrs. Pickford " made up," that is, folded in a
particular way, so that only the outer surface could be
seen. No complaint was made on the part of Messrs.
Outram. until a customer of theirs having found fault
with and returned some of the sheetings in question, an
investigation was made; and still further complaints
being forwarded to them, they employed a LonclOn
finisher to examine a considerable quantity of the goods
which they had still in stock. The result was, that
the goods were found to be stained, and they were
returned to the plaintiff by Messrs. Outram. Mr. Hollins
had some of the sheetings, which he also had in stock,
overhauled, and with similar results, the damage being
attributable to improper conduct at the works of the de-
fendant. The defendant had admitted that this might be
so partially, but ultimately he declined to make compen-
sation, and it was to obtain this compensation that the
present action was brought.—Several witnesses were exa-
mined to prove the damage; and at the conclusion of the
plaintiff's case, Mr. Sergt. WILKINS, for the defendant,
begged that the trial might be adjourned until next day,
it being then half-past six o'clock. The JUDGE, after
some hesitation, granted the request, and the court rose.