6 February 1904
TRAMCAR
ACCIDENT AT ASHTON
An Openshaw Woman’s Claim
This was an action at the Manchester Assizes, on Monday,
by Mrs MOORS, a married woman, living at Openshaw, to
recover damages from the Manchester Corporation for personal
injury which she had sustained in an accident due, it
was alleged, to negligence on the part of the defendant’s
servants. Negligence was denied, and the accident was
attributed by the defence entirely to the fault of the
plaintiff herself. Mr TOBIN, K.C., and Mr SHAWCROSS were
counsel for the plaintiff; Mr SHEE, K.C., and Mr RHODES
for the Corporation.
Mr TOBIN, in his opening, said the injuries
sustained by the plaintiff were very serious; her right
leg was broken in two places, and she was left practically
helpless. She had been confined to bed most of the time
since the accident, and was only able to leave home, moving
about on crutches, about the end of last week. The plaintiff
lived at Openshaw, where her husband was employed at the
engineering works of Crossleys Limited, earning 50s a
week.
On the evening of Saturday, the 1st of August,
Mrs MOORS and her husband had occasion to go to Ashton-under-Lyne,
travelling by electric car as far as Audenshaw, and there
changing into a horse car (also belonging to the Manchester
Corporation) to complete the journey.
When the car reached the Ashton terminus
the plaintiff was the last passenger to leave it. She
followed her husband down the steps from the roof, holding
to the rail with her right hand, and when she had nearly
reached the footboard the horses made a sudden move forward,
causing her to lose her balance and to slip with her right
leg through the rail.
She was carried into a neighbouring shop,
where the broken limb was set, and was ultimately removed
to her home in an ambulance. Negligence was attributed
to the driver of the car, who should have maintained proper
control of the horses, and prevented them from moving
forward.
In cross-examination the plaintiff denied
that she slipped in descending the steps, irrespective
of any movement by the horses. – Mr SHEE: I suggest
that you came down carelessly, and that you slipped accidentally?
The Plaintiff: Certainly not.
The reply of the Tramways Department to
the first letter sent by the plaintiff’s husband,
about the end of August, was read. Surprise was expressed
at the suggestion that the car had started whilst the
plaintiff was getting down. The car was discharging passengers
at the time, and a considerable number were waiting to
get on. Ample evidence, it was further stated, was forthcoming
that no blame could be attached to the servants of the
Corporation, and whilst regretting that the plaintiff
should have sustained the injuries described they were
unable to recognise their liability.
The hearing was resumed on Tuesday at the
Manchester Assizes. – Several persons called on
behalf of the plaintiff bore out her statement as to the
car suddenly moving.
For the defence, Mr SHEE said the Corporation
wished to deal perfectly fairly with the public, where
they were proved to be responsible, but in cases where
there was believed not to have been any negligence, as
in the present, they were bound to resist claims, however
much they sympathised with the person to whom an accident
had happened. The suggestion of the defence was that the
plaintiff, in descending the slippery steps of the car
on a wet night, did not exercise due care, and that the
injury resulted from an accident for which the Corporation
were not responsible.
The Judge said if there was an involuntary
movement of the horses it would be a question for the
jury whether it was such that could be avoided. Mr SHEE
agreed that the defendants were bound to take proper and
ordinary care – nothing more. But witnesses would
prove that there was no movement whatever, voluntary or
otherwise
A number of witnesses, including the guard
of the car, were called. The guard said the car was standing
with the brake on, and it was impossible for it to be
moved. Others who were in the crowd of passengers and
onlookers stated that the car was stationery when the
plaintiff fell, and that the accident, and that the accident
was not caused by any jerk. The driver said there was
no movement whatever of the horses. The brake being full
on and the car could not have started with a sudden jerk.
The jury found a verdict for
the plaintiff, damages £120.
PROPOSED SCHOOLS FOR
ASHTON BABIES
Sir, – Will you kindly allow me through your columns
to suggest to suggest to the members of the Education
Committee the establishment of a Creche infant school,
or school adapted to accommodate children from the earliest
age to five years. The babies might be fed and taken care
of for the day for a nominal charge, and as children above
the age of three years, by spending an hour and a half
under the control of a properly qualified schoolmistress,
could claim a grant from the Parliament.
I venture to think that not only would a
very great convenience be provided for hard working mothers,
but that at a comparatively little cost. These schools
would necessarily be built near the homes of the people
calculated to benefit the most by them, and I appeal to
our public men interested in social reform to consider
their immense potentialities for good. This suggestion
is made with special view to the problem which will present
itself in the near future in the near future when the
accommodation of our schools is paramount.
I am, sir, yours faithfully,
H MASON
INTERESTING CELEBRATION
AT ASHTON
For a quarter of a century the partnership existing between
Messrs Daniel HALL and James Henry KAY, under the style
of Hall and Kay, engineers, Stockport-road and Whitelands-road,
Ashton, has been a very successful character, and under
their joint control the business, which began in a very
small way in an upper room in Whitelands-road 25 years
ago has passed on through various stages of development
to its present dimensions, and is a very useful industry,
and at the same time beneficial to the community.
To celebrate the occasion the employees
and friends, to the number of about 220, were entertained
at a social gathering, held in the Mechanics’ Institute,
Ashton, on Saturday evening. The large room, which was
utilised for the occasion, was lavishly decorated by Mr
J FISHER, and presented a pretty spectacle. Quite a festive
spirit prevailed, and no expense was spared to make the
gathering a success.
After tea Mr D HALL took the chair, and
supporting him were Mr J H HALL and the Revs T DILLOW
and T HOOPER. – The Chairman reviewed the history
of the concern, and dwelt on the happy relations which
had always existed on the part of his partner and himself
and the workpeople, which he was pleased to say had had
a successful issue, as testified by the increasing output,
and the fact that they were now the makers of many specialities
which commanded a wide sale in many parts of the world,
necessitating extensions to the works and the acquisition
of premises in the vicinity of Duncan-street.
In addition to dancing, with Mr KAY as M.C.,
the programme included the following. – Glees by
the Apollo Glee Singers; songs, “When I and Dolly
parted,” Mr J E BEAUMONT; “Admiral Tom,”
Mr T WATERHOUSE; “Dream of Life,” “Veterans’
Song,” and “Wanting,” Miss L TAYLOR;
“My pretty Jane,” and “Good Company,”
Mr MOODY; humorous sketches, “Trip to the Isle of
Man,” “Stationery Trade,” and “Nomination
Day,” Mr F MUNROE; clarionette (sic – Ed)
solo, “Springsong,” Master Sam GRIMSHAW; recital,
“Hanging a picture” and “Irish Fire
Brigade.”
Mr A G BENNETT; trios, “Gipsies”
and “Wild Brewed.” Messrs FULLER, BEAUMONT
and WATERHOUSE; piano solo, Mr G F WRIGLEY; duet clarionette
(ditto) and bassoon, Mr Wm GRIMSHAW and Master Sam GRIMSHAW,
Miss HALL accompanied on the pianoforte, and the music
for dancing was supplied by the St James’ Orchestral
Band, ably conducted by Mr Arthur ANDREW. A very happy
and enjoyable evening was brought to a close by a vote
of thanks to Messrs HALL and KAY, on the proposition of
the Rev T DILLOW, seconded by the Rev T HOOPER, and suitably
responded to by Mr J KAY.
FIRE AT DWELLING-HOUSE AT ASHTON
Some excitement was created in the vicinity of Wellington-street,
Ashton, on Friday evening by an alarm of fire proceeding
from the dwelling-house of Jas WILLIAMS. A messenger rushed
off to the Town Hall and gave information that a fire
had broken out at the aforementioned house. The fire alarm
bells were rung, and in an incredibly short time the float
with a contingent of firemen were on the spot, to find
that the fire had been put out with a few buckets of water.
The fire had originated in a box containing clothing,
in the front bedroom, but how caused is unknown.
AN EVENTFUL REMOVAL
FROM CLAYTON TO BROOKS BAR
On Thursday, at the Ashton County Court, before his Honour
Judge Reginald BROWN, K.C., George Frederick HARRISON
and Charles William DAVIES were plaintiffs in an action
against Charles Henry BLACKWELL. Plaintiffs were represented
by Mr SHAWCROSS, barrister, and defendant by Mr A LEES,
solicitor, Ashton.
Counsel said that the claim was for £8
due for damage done to certain items of articles of furniture.
Plaintiff resided at Ridgway-street, Clayton, and they
jointly agreed to the removing to Brooks Bar, Manchester,
undertaking to remove the furniture and find vans and
packing. It was understood that for £2 10s defendant
should send two vans, four men, and be responsible for
all breakages.
The two vans which turned up were in a dilapidated
condition, and the two men sent instead of four were utterly
inexperienced. The day proved an eventful one. First the
men dropped a box from the top of the stairs to the bottom,
smashing various articles. – (Laughter.) When the
journey was started one of the horses fell down. –
(more laughter) – and a little further on the hoop
of one of the hind wheels came off, and the services of
a blacksmith were requisitioned. – (Loud laughter.)
When Brooks Bar was reached, the men in
charge practically threw the furniture into the house;
a dressing table and a globe were broken, four legs of
a table smashed, armchair, trunk, chairs, wooden box,
china tea service, chamber sets, sideboard, and other
things damaged, whilst clothing and other things were
missing. – (Renewed laughter.)
HARRISON, in his evidence, said the goods
were packed in a frightfully clumsy manner. – Ernest
JONES, cabinetmaker, Salford, spoke as to having examined
the articles of furniture and seen the damage done. One
of the vans he saw was not fit to put on the streets,
The claim was a very modest one.
By Mr LEES: He was a friend of the plaintiff’s,
and had seen the goods many times before the removal.
– The defence was a denial of any negligence, but
in the end the Judge found for the plaintiffs, assessing
the damage at £4.
ALLEGED FALSE PRETENCES
AT ASHTON
At the Ashton Borough Court, on Monday, John ALLAN was
in the dock charged on remand with false pretences on
the 11th December. – Mr A LEES said he appeared
to prosecute the prisoner, who was charged with obtaining
goods by false pretences. It seemed that at 10.30 on the
morning of Friday, the 11th ult, the prisoner went to
Mr Lewis ANDREW’s shop in Wellington-road, and asked
to be shown some lamps. He selected one, and said his
wife had been the previous week, and had some goods which
had been sent.
Mr ANDREW remembered the prisoner’s
wife having attended at the shop and used Mr A PARK’s
name, and asked the prisoner, “Are you the gentleman
whose wife came recommended by Mr PARK?” He replied,
“Yes.” Upon that representation he allowed
the prisoner to take some goods away.
Sometime after this, as the money was not
forthcoming, certain suspicions were aroused, and Sergeant
HEIGHWAY approached Mr PARK. It transpired that Mr PARK
had never recommended the prisoner to obtain any goods
at all, and he did not know the man. The police had information
that prisoner had victimised other tradesmen in the town
in the same way by using Mr PARK’s name.
Under the circumstances he proposed to put
Mr ANDREW and Mr PARK in the witness box, and then apply
for a remand so that the other cases might be inquired
into. – The Clerk said they had heard Mr ANDREW’s
statement. – Mr A PARK, J.P., was then called, and
in reply to Mr LEES said he had never seen the prisoner,
and knew nothing about him. It was not true that he had
given him permission to use his name as a recommend to
tradesmen at any time.
He might be allowed to explain that some
time in last year he had a visit from a clerk or shopman
in Leigh and Ardern’s shop inquiring whether he
knew a man named ALLAN, who had obtained goods to the
value of £8 after using his name. Not knowing but
what there might be such a person in connection with the
P.S.A., a big society with 1,500 members, he hesitated
to say whether he knew such a man or not, and might know
him by looking for his name.
He communicated with Mr DUNKERLEY, the secretary
of the P.S.A. He investigated the matter, and found they
did not know the man at all. He (Mr PARK) did not know
what Leigh and Ardern did, but that incident was followed
within a week by a letter written by Councillor ROEBUCK,
asking whether he was willing to recommend a man named
ALLAN, who had purchased goods to the extent of £8.
He wrote to Councillor ROEBUCK to say he did not know
any such man, and the case was extremely suspicious.
He again spoke to Mr DUNKERLEY, and asked
him to go to the address given by the man ALLAN, and see
(his) wife because evidently she had been an agent in
the matter. He believed Councillor ROEBUCK refused to
give the credit. He understood prisoner had been using
his name up and down the town, and he did not know the
man any more than he knew Adam, nor his wife.
The Clerk: Have you anything to say why
you should not be remanded for a week? – Prisoner:
I beg to contradict the statement as regards me using
Mr PARK’s name up and down the town. I have only
used it on two occasions. – The Clerk: Apparently
you have never had any authority at all. – Prisoner:
I have mentioned that my wife was known to him through
her father.
The Chairman: You will be remanded until
next Monday. – Prisoner: I apply for bail. –
The Clerk: He had bail allowed on Saturday, but he did
not obtain sureties. – The Chairman: Where do you
live? – Prisoner: In Minto-street. – Are you
a householder? Yes. – Mr LEES: It has been mentioned
to me that none of the goods in the house belong to the
prisoner. They have been obtained from other tradesmen.
The Chairman: When was he taken into custody?
– The Chief Constable: On Saturday morning. –
The Clerk: The magistrates granted him bail on Saturday
morning, himself in £20, and two sureties of £10
each. He did not get the sureties, and he has been in
gaol since. If he can get bail, well and good. –
Prisoner: I think I can get it. – The bench decided
not to grant bail.
ACTION AGAINST AN ASHTON
MOTORIST
The hearing of the action CURR v. NIELD was resumed by
Mr JELF and a special jury at the Manchester Assizes on
Monday. The plaintiff, Frederick G CURR, a young man,
living at Stretford, sought to recover damages from Mr
Thomas Schofield NIELD for injuries alleged to have been
caused by the negligent driving of a motor-car. He was
represented by Mr SUTTON and Dr ATKINSON, and Mr LANGDON
and Mr Gilbert JORDON appeared for the defendant.
Case was that in September last he was run
into and knocked down by defendant’s motor-car.
At the time he was riding a bicycle, and had turned out
of Edge-lane into Chester-road, Stretford, to proceed
to Manchester. He was riding slowly, and the accident
happened as he was trying to avoid a lurry. His injuries
were serious, and he was laid up for several weeks, and
he still suffered from loss of memory and other inconveniences.
A witness said that he saw the motor-car
just before the collision. It “dashed past him in
less than a second,” and he did not hear any signal
given. Plaintiff’s father said he went to the police
after the accident, and noticed the marks caused by it.
P.C. HOYLE was there, and in reply to a remark by the
officer witness told him he ought not to be biased; he
should rather protect the people of the village. –
(Laughter.)
His Lordship: You thought the constable
was against the village? – (Renewed laughter.) Witness:
He is supposed to represent the public. He should not
be biased. These motor-cars are a terror to us. Mr LANGDON:
Did you tell the constable to summon the driver of the
motor-car for furious driving, and did he say that it
had passed and was not going fast, or he would have summoned
him? – I don’t think I did. Mr LANGDON: What!
Stretford against the world? – (Laughter.) –
I don’t think I did. – Witness added that
he went to see Superintendent KEYS who advised him to
consult a good lawyer.
Mr LANGDON said the fact that the motor-car,
amongst a section of the community as exemplified by CURR’s
father, was not a popular vehicle, was no ground on which
to give a verdict against the defendant. It was inconceivable
that plaintiff should not have seen the motor-car before
the accident – this expert cyclist, familiar with
electric cars, motor-cars, with every species of vehicle
that could kill him in the streets of Manchester. The
story told by plaintiff could not possibly be accepted
without supposing that he had been guilty of a wickedly
silly thing.
Defendant’s case was that the driver
of the car gave ample warning of his approach, and plaintiff,
who turned out of Edge-lane at a sharp angle, swerved
to the left on seeing the car, but a trap was coming up
behind him, and then fixed between the two he turned again,
and ran into the rear wheel of the motor, his machine
being struck by the hub.
Guy MARSH, professional chauffeur, said
he was the driver of the car. There were in it besides
Mr NIELD, Mr R A A ARMITAGE and Mr D HENRIQUES. As they
approached Edge-lane they were travelling at the rate
of about eight miles an hour. After passing a trap he
had turned in towards his near side, and was almost on
the tram line when CURR turned the corner of Edge-lane
on his off side. Plaintiff was absolutely looking behind.
Witness blew the horn and came in as near
as he possibly could to his side of the road. CURR looked
up, and naturally witness thought he saw the trap behind
the car. Witness thought plaintiff’s rear wheel
must have wobbled in the tram line, because he seemed
to swerve. When witness saw that he put on the brakes,
and plaintiff banged into him.
Cross-examined by Mr SUTTON: He did not
sound the horn between seeing the cyclist and the collision
happening. At the time of the accident the motor was standing
still. By the Judge: He did not mean that the car was
stopped dead. By Mr SUTTON: CURR was absolutely clear
of the car, and that was why the horn was not sounded.
They were travelling at about six miles an hour when the
collision occurred. He thought the accident was quite
unavoidable, and could not be foreseen.
Corroborative evidence was given by several
witnesses in support of defendant’s contention that
CURR, after being clear of the car, swerved in towards
his right and ran into the motor. A verdict for the defendant
was returned.
RAILWAY FATALITY AT
PARKBRIDGE
On Sunday morning, about eight o’clock, the body
of a man was found on the Oldham, Ashton and Guidebridge
Railway, close to Cherry Valley Bridge, Bardsley. Deceased
was a labourer at Parkbridge Ironworks, named Ernest SHARRATT,
22. He is supposed to have been returning from Oldham,
and probably caught by an engine.
The inquest was held on Tuesday evening
at the Horse Shoe Inn, Bardsley, by Mr J F PRICE, district
coroner.
Emma JONES, wife of John JONES, living at
2 Dingle Terrace, Parkbridge, said deceased had lodged
with her since last Christmas. He was always of a steady
nature, but was crippled in the left foot. Witness last
saw him alive about nine o’clock on Saturday morning,
when he the went to bed. She and her husband then went
to Manchester, and on returning at night found he was
not at home. They sat up for him till half-past one, and
then retired.
About nine o’clock on Sunday morning
she heard of his death. He had never threatened to commit
suicide, and was of a very cheerful character.
Henry THIRLWELL, stationmaster at Parkbridge
on the Oldham, Ashton, and Guidebridge Railway, said he
lived at the station house adjoining. He knew SHARRATT
well, and saw him on Saturday night last about 7.30. He
was cheerful, and perfectly sober. He booked a ticket
to Oldham, and left the station by the 7.31 train to Oldham,
which was ten minutes late.
On Sunday morning, the 31st, he was on the
platform, when the driver of the 8.7 train informed him
that there was a man lying dead on the line about two
or three hundred yards this side of Cherry Valley Bridge.
He immediately informed the police, and along with a constable
went to the spot and found the body about half a mile
from Park Bridge in the direction of Oldham.
He was lying on his back in the six foot
way, between the up and down lines. There was a deep scalp
wound behind the head. He was quite dead, and his body
was at once removed to the Horse Shoe Inn. He did not
think he would be alone in the carriage of the train was
generally full on Saturday night. On the supposition that
he was returning from Oldham he could easily join the
line at Honeywell Bridge and walking along get home very
soon.
Constable NEWTON said he received information
about 3.15 in the afternoon, and proceeded to the spot,
along with the village constable. On searching him he
found 1s 11d, and some private letters. There was no ticket
on him.
The Coroner: It seems rather a mysterious
case. If only from hearsay evidence that he had before
trespassed, though he had no ticket, and it seemed as
if he was walking home. The jury returned an open verdict.