The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-04-03 00:00:00

IiOROUGII COURT.

. (Before the 13str.tvvs and Mr. Lsornitsics.) •
ELLIS v. JENKINS.—DAMAGES FOR, PERSONAL INJURY.
eiterday a court was held in the Sessions-house, (1134/0-st-reet,
before Mr. Lace and- Mr. Pownall,. the bailiffs Of the borough,.
:assisted by 11.11. Lawrence as assessor,,for the purpose of trying,
on action brought-in the King's Bench to recover (imam to
-the-amount of £2O, for personal injury -sustained.
Mr. Bardswell, the attorney, appeared as advocate for the
-dein:hint,' and Mr. kle,ndOrSini, the banister, .-fur the plaintiff.
Plaintiff's attorney was Mr. Jones, and the defendant's 'Mr.

Me. BARDSWELL stated the case, from which it, ppeared that
'the:plaintiff was a seaman, named Ellis, belonging. to the bash
schooner, and the defendant, Mr. Henry Jenkins, a merchant.
In the month of 'January last the defendant was crossing in
' the evening from the (force Piazzas to George's Doek, when
he fell into the defeudant's cellar, which •it was alleged was
negligently leftaipen; the action was brought for the injury he,
consequently snstained. In support of the case Mr. Bardswell
called
Hobert Robinson, who stated that he is a tide-waiter. He
-.recollects in January last seeing the plaintiff at the north7west
scorner of the Old Churchyard. The plaintiff was goingtowards
'the St. George's Dock, and witness followed to speak to him;
-and when'they got near the warehouse of Mr. Jenkins. witness
• wentback towards the Prince's Duck. Ile returned again and'
aawthe plaintiff helped out of the cellar, but did not see him
Pall. Witness asked hint how he felt, and he gave rep answer.
His head was bleeding over the right eye. There was no lid
over the cellar, and no light in the neighbourhood of it. Plaintiff
wan perfectly sober:
Cross-examined by Mr. Hen neasora—Cannot say how long
,the gas had been lighted The hour might be a quarter past
• six in the evening. Didnot see any men at work in the cellar.
Therej are archways towards the dock, large ones and small
.onas, so that passengers might go through without crossing the
cellar. The cellar ltd is made compact. The cellar is in the
• secant! large archway from Brunswick-street. At the end of
the arcade believes there is a gas-lamp, which might be 20 or
all Yerds from the cellar. Towards Watersstreettliere was a light
• in the arcade, which might also be the same distance . from the
cellar. -Directly opposite the cellar is Mr. Jenkins's counting-
, house. Did not see candles burning in the counting-house„ nor
the:gas-light in the arcade.
Be Mr. ILVIIDSWELL.—Did not see any men keeping watch.
• by the cellar. The lids were generally over the cellars, and the
,people walked ever them. The depth of the cellar is from eight
to trine feet:
tingly Weldon, a shoemaker, said that he recollected selling
;the-plaintiff a pair of boots on the evening of the accident, be-
forbhe was hurt, and observed that he was guile soiree About
an hour after selling the hoots he saw him again. He had then
met- with the aceidentand had had his wounds dressed.
By Mr. lieNueasots.—The wounds the plaintiff complained
of were in his thigh and head. Witness saw him the second
time at Siesmith's peblie-house, near the church. lie was very
tante, and witness asaieteal him to walk to the Gores.
Thomas Hughes, a tide-waiter, recollected the evening of the
accident. He was at Mr. -Jeathrne' office door, and saw the
cellar opeir. Did not go into the office, but. saw a clerk cum
out. Heard a policeman complain of the cellar being open to
a Clerk. 'Went there for the purpose of witnessing that the
cellar was opete Plaintiff appeared much hurt. :
Crows-examined by Mr. llENogesoN.'—Cannot tell the hour
he went to the cellar, but it was soon after dark. The accident
haPPened in January, but does not knoW the day of the month. I
`Could not say that the gas was lighted nor the candles in the
codriting-house. The plaintiff's vessel lay in the dock, nearly
opposite tO the cellar.
HentyKeinuale, dock police-officer, said that he recollected
-the abcident. Was on duty near Brunswick-street. Saw the
plifintiff Walking lame that evening, and went back with him to
look lit the celtat. '"
prot-e'samitied by Mr. HaawettsoN.—Does not know whose
• ceßat the lid wag off, hut ft WAS the second from Brunswick-
street. Cannot say that the gas was lighted. •
'Mr. T. 'W. DaVICA, a surgeon, said that in January last he ,
was called in to see the plaititiff. I-re complained of his groin
anti belly. Exatnined hint and found au extravasation of blood
ma the belly and' a rupture called the scrotal rupture, which is'l
an'incurable diitease. Ild Is bow obliged to wear a truss. A
man migtit atlend 'to his duties with such u disease. it was the 1
200 or ..Thild'ary when the plaintiff called to consult witness.
Mr. (to the witness.)—Pray, sir, how do you I
know that it was the 20th of January when the plaintiff called
uptin yon ?
Alt. Davies.—Because I wrote him a certificate on that day.
Mt. Vltanettsdtv.--Then- I inpaosle yon have a copy ur that
certificate hare? •
Mt. Davies.-4 took a copy of it, but I have not it with me.
Harinhnala.—Why did you not bring it *side you ?
Mr. navies:—The reason why i did not was, that I saw it
last night and it was so much torn as to be unfit to produce in j
court. I ant confident of the date beiug the 20th of January.
Examivation resumed.—Was convinced that the rupture of
the plaintiff was a recent one. 'l'here were no marks of a truss
to be seen.
Mr, HEN DERSAN.—Were you not against the plaintiff being
examined-by Mr. Porshaw, or Mr. Manifold, the surgeon?
Mr. Daines.—l was ndt; I wished hint to be examined by
another surgeon, brillald him norto be examined excepting in
mks( Presente. ' '
flUr. HICSDERSON.—Pray, Mr. Davies, may
.I ask whether
yam have been ha native in this case as you were itethe last ecian.
cols. case tried at Lancaster?
'Mr. Davies.'-1i was active in neither.
Mr. H'ireninsoterZaCtan 'you tell 'me how many times you'
were atitie dffice'reepecting the late crins. eon. ease?'
"Mr.'l3atiniviict. interrupted Mr. Henilersoe .by saying that
he-had rig riklirto put such a question.
'he tkiseathr'hoesidered the-question irrelevant.
'Mr.-Ifsiiitkiiscia.-L-Then 'I will ask another.—Were you not
the'pridelpalWittiess to, prove the adultety in the late trial at,
lainealter? " ' '
Mr.itialtnsteet.z. sail that he decidedly objected to such
questionsbi",ing put, us 'having nothing 'whatever to-di/with the.
present, action. They were, moreover, the result of a. contitlen:
lial"coniniuication.
-Mr. -Hese ensua contended that' he had a right:to enter upon-
'that or any other preiions'mattair in which witnesses 'had been
concerned, for the'ptirpose showingthe jury their credibility.
'Mier "a little aliscustien, in Which Me. • Bardswell 'was of
opinion that' the questions were irrelevant, the Chairman de-
-sired Mr. iletubirsota to put hie' last question aloha • '
Fleatreesos.-4 now ask the wituess,—were you not the
witness in the case alluded to, to. prove the direct act of adul-
at al. a?, • ' J •a .
Mr. BARDSWEI.L objected to the witness answering.
".The Assessor.—Theititiess may either answer the question
or not. • • J

r 14,1712.1 E

Airey gave the plaintiff:his band, and lie jumped. Witness
I asked the plaintiff if he was hurt, and- he said a little about the
1-forehwa• bin he did not complain of anysither iujnry. Wit-
ness saw him walk afterwards, and he did not go lame. Wit-
ness heard her brothei,in-law ask the plaintiff how the. accident
happened, and he said. that he was looking fur the vane, or some-.
thing of-the kind, belonging to the vessel.
By Mr: BsunsweLL.—Did not .perceive that the plaintiff
was much. hurt. He said that all ho cared fur was 4ving a
bruise, "asit looked ao hlackguardidt.
Mr. William Benson, a surveyor, employed by Messrs. Fos-
.ter and Stewart, produced a pima the premises, and explained
that there was space enough about the orifice of the cellar for a
person•tn walk, although tie cellar lid was off.
Mr. BAR nswat.t., in behalf of the plaintiff, replied, and said
'that there. was no analogy between Mr. Bolt's case and the
plaintiff's. That action was brought against a respectable gen.-
Beam named Mot vneux, and a verdict•found for the defendant,
on the grounds that Mr. Malyueux's men were not working the
jigger atd.he time, nor was thecotton his property.. The verdict.
wasnot the result of its being preved:there was negligence also
the part of,Mr. Bolt. --lie contended that the plaintiff in
the present ease was entitled to damages, inasmuch as it had,
been proved. that he was injured for life, by , the evidence of
Mr. Davies, whose conduct bad been most unfairly called in
qtiestion by the learned gentleman. Mr. Davies was profes-
sionally employed by the plaintiff, and he had disinterestedly
given his opinion to the jury. If it was necessary for a mer-
chant, in carrying on his business, to have his cellar open after
dark, it was doubly necessary that they should be properly.
guarded. To a verdict there was no doubt the defendant was
entitled, and the only. question for consideration was the amount
or. damages. After' alluding to the witnesses for the llefence
being persons who had never known the plaintiff before, and
some farther observations, Mr. Bardawell concluded by leaving
the case in the hands of the jury.
The learned ASSESSOR summed up. the. evidenee;with much
perspicuity, and, in conclusion, gave it as his opinion that
culpable negligence on the part_ of the defendant had been
proved.
The jury, after a brief deliberation, returned a Verdicaor the
plaintiff—damages £5.

ERRATA.—In the account we gave on Friday of the proceed-
ings. at a radical meeting, calling itself "The Church Refor-
mation Society," held at the Mus►c-hall, on Wednesday week,
it is stated that Mr. Peter Hope, of Whitechapel, was one of
the speakers. This is an error, our reporter having mistaken
some other person for him. Mr. Hope could not therefore in-
dulge in a strain of invective against the church and its minis-
ters as most of the other persons did. He only seconded the
petition, which embodied the sentiinents of the speakers and
the meeting. We have been requested by Mr. Hope to correct
this error. .