Carlisle Patriot, 13 Aug 1825 - Cumberland Summer Assizes (18)

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Saturday 13 Aug 1825   (p. 4, col. 1-6)

 

CUMBERLAND SPRING [sic] ASSIZES.

  

PORTER v. FERGUSON & OTHERS.  S. J.

 

[continued]

 

Wm. THRELKELD, aged 57, had known Mr. PORTER's house 34 years. Was employed by the late Mr. PARKINS on the premises, and during that time had often to go into the room in question. There are two windows in it; one looked nearly up the lane, so that you might have called a person standing in the front street. The other window looked towards the back premises. Lately, some panes have been added to increase the light. Originally, Mr. PARKINS's family worked in it as milliners; it had the morning sun in one window, and the evening sun in the other. Now, the morning sun does not shine into the room. He had seen it with the new part of the window closed, and it was much darker than when he first knew it.

 

Cross-examined by Mr. BROUGHAM.—Mr. FERGUSON, besides the arch, has raised an opposite house a story higher; the street is 16 feet wide: the lane is narrower, but a cart can go up it.—Has the lane a crook in it? It has.—Does the light go up the lane by a cart, by a post-chaise, or how? (A laugh.)

 

Mr. SCARLETT.—The building alluded to by Mr. BROUGHAM was raised at the same time. We complain of the whole.

 

Mr. BROUGHAM.—You surely don't complain of a building erected on the other side of the street!

 

Mr. SCARLETT.—Yes we do, if an obstruction to light so as to injure.

 

Jane CARRUTHERS.—Four-and-thirty years ago, Mrs. PARKINS carried on mantua-making in the room, and I worked there. We commenced about nine in the morning, and there was a good light. To the best of my knowledge the sun came in about ten o'clock. I have seen the room lately; I thought it a great deal darker than when I was in it before, owing to the building opposite. I saw it with the new part of the window closed up, and then the room was very dark indeed—much more so than it was 30 years ago—the sky now seems to be shaded off.

 

Cross-examined by Mr. BROUGHAM.—The sun came in hot, as other people's suns do. There are buildings erected in Mr. PORTER's yard behind. When I last saw it, it was at the spring assizes, in the forenoon.

 

John M'CONNELL.—I assist Mr. PORTER in the post-office, and have been with him ever since he was appointed post-master. The office has been in its present situation, four years and a few days. When first we went to it, there was sufficient light. Messrs. FERGUSON erected their building a year ago last March, and since that there has been a great diminution of light, particularly in the winter season. Before the alteration, we never had occasion for candles; now we are obliged to use gas at half-past nine or ten at times; whereas, before, the sun came in so much that we have put up the shutters to prevent it from annoying us.

 

Mr. BROUGHAM here interposed, and attempted to raise a technical objection as to setting forth the window as an ancient one, whereas, he contended, it was a modern one. Mr. Justice BAYLEY held at York that a plea was not well pleaded, thus set out.

 

Mr. SCARLETT said a plea was widely different.

 

The Judge attached no weight to the objection.

 

Mr. BROUGHAM then said he did not object to some competent person looking into the matter.

 

A verdict for the plaintiff was recorded (which carries costs), and all matters in dispute were referred to Mr. LOSH, who is to award the amount of damages.

 

On the application of Mr. SCARLETT, his Lordship said he would certify for a special jury.

 

 

[to be continued]