The Times 1841 - 1850 Feb 27 1850 - Grieve v. Milton

Feb 27 1850 - Grieve v. Milton

The Times, 27 February 1850 (page 7, column D-E) NORTHERN CIRCUIT. CARLISLE, FEB. 25 (Nisi Prius Court, before Mr. Baron ROLFE.) GRIEVE, ADMINISTRATRIX, V. MILTON This was an action under Lord CAMPBELL's Act, brought by the plaintiff to recover compensation for the death of her husband, which it was alleged was caused by the defendant's negligence. The defendant pleaded "Not guilty" and a variety of pleas. Mr. TEMPLE, Mr. OTTER, and Mr. LAWRIE, appeared for the plaintiff; and Mr. ATHERTON and Mr. HODGSON for the defendant. It appeared that the husband of the plaintiff was a mail-guard in Scotland, receiving a salary of 115L. a-year, and on the 8th of August, 1848, he had to attend the assizes at Carlisle, after which he went to Wigton, and thence drove in a gig to Abbey, with a person named PEEL. On their return, the night being dark, the gig was upset by a stone-heap placed near the middle of the road in the neighbourhood of one of the county bridges, and the plaintiff's husband was killed. The defendant was county-bridge surveyor, and it was alleged to be by his negligence that the stone-heap was left there. For the defence it was contended that the stone-heap was placed there by a contractor named JOHNSTON, who was not under the control of the defendant. He had, however, been employed by the defendant to raise the road and mend a drain when the accident occurred. The jury found a verdict for the plaintiff, damages 300L.; 150L.. to be divided amongst the children. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

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