Carlisle Patriot, 10 Sep 1825 - Arbitration Cause - LOWDEN v. NIXSON (2)

[petra.mi...@doctors.org.uk]

Saturday 10 Sep 1825   (p. 2, col. 5 - p. 3, col. 6)

 

IMPORTANT ARBITRATION CAUSE.

LOWDEN v. NIXSON.

 

[continued]

 

A desultory conversation ensued with a view of showing on the part of the defendant, that American fir timber is frequently used in farm buildings: this Mr. PARNELL admitted, but added, that it could not be considered, according to the words of the specification, "best materials," oak and Baltic fir being better, and therefore coming under that designation.

 

Further examined, Mr. PARNELL said, he charged two guineas a day as arbitrator, but had received nothing. When he calculated the £250 8s. for Mr. LOWDEN's expenses and inconvenience, he reckoned that he must be absent twelve months from next spring, allowing nothing for the present time till then. If the house were rebuilt, it might be done in as short time as before, but would not be fit to inhabit for six months. He could not say, from the estimate, whether the specification was made out with a view to American or Baltic timber. There is a shrink in the machine-house and at the back of the sheds. When the arbitrators viewed the premises, Mr. LOWDEN was about the house employed in his usual business, and they got some refreshment. Mr. L.'s man pointed out some of the buildings. He never saw Mr. LOWDEN that morning. All the arbitrators requested some one to show them. It was witness who asked for some refreshment. The sheds built by Mr. LOWDEN, and those built by Mr. NIXSON, appear to be built in the same way: but he did not examine them, as he had nothing to do with them.

 

Elizabeth LITTLE, dairy-maid to Mr. CONNELL two years, spoke of the rain coming in in different parts of the house, spoiling the milk, &c. It came in particularly at one place where the joists were rotten, and through the drawing-room walls; and, she thought, through the front walls. She also described the smoke and dust; a stone came down the chimney of the breakfast parlour, and then it was worse. The furniture could not be kept decent. The walls were always damp; you might have lashed the wet from them. She has left her own work to help the house-maid in taking out the water.

 

Cross-examined.—Was there two summers and one winter. The stone tables in the dairy were good, but the flags were loose. Mr. CONNELL often complained, and said it was a bad job. She never saw any other chimneys smoke so much—and they smoked most with the wind at south east.

 

Re-examined.—Mr. CONNELL gave it up as a bad job. The walls were wet in all other parts as well as about the windows.

 

Sarah PHILLIPS, dairy-maid to Mr. CONNELL, spoke to the same effect. The rain came very much into the dairy, and spoiled the milk. The joist was decayed, and lime came off. The walls on the west side of the house ran water in great quantities. In lighting a fire in one room, other rooms were affected by the smoke—that of the dining-room, for instance, getting into the drawing-room and back parlour; and all the bed-rooms were full of smoke at the same time.

 

Thomas PHILLIPS went as servant to Mr. CONNELL in the summer of 1819, before the house was built. At Martinmas they entered upon it. Workmen were there different times during the winter. Mr. NIXSON was the head-builder; he sublet to Matthew GASH, and he, in turn, underlet to other people. There was good sand less than a quarter of a mile from the house, but for a great part of the building they took inferior soil behind the barn and byers. He spoke of the rain coming into the rooms, and being taken out in pailfulls. In the byer and haylofts, the wet spoiled a great deal of hay: every winter a quantity was wasted, and and [sic] thrown out as manure. Snow and rain came through the slates into the granary, and where the corn was thrashed. The well was dry during great part of summer; and in winter the water could not be used, "being liker a midden pant than a well." The horses would not drink it, and they had to lead them a quarter of a mile.

 

Cross-examined.—Mr. CONNELL was anxious to have the buildings finished. GASH relet the thrashing-machine house and back kitchen. The corn came through the granary floor.

 

Margaret PARK, house-maid to Mr. LOWDEN since Martinmas, deposed to smoke, damp walls, dropping wet, after rain, &c.

 

Cross-examined.—Some of the chimneys have been swept; some sweep themselves.

 

Margaret DODD, servant to Mr. PEARSON, innkeeper, Hesket, proved the payment of £11 6s. 6d. arbitration expenses, equally paid between Mr. LOWDEN and Mr. NANSON, defendant's attorney: £1 10s. remained due for meat and drink to witnesses.

 

Wm. DAVIDSON, journeyman upholsterer with Mr. SPENCER, Carlisle, papered three rooms at Hayclose last Martinmas with great care. In a few days, the wet got in, the paper became black in some places, and came off in others. He never in his life saw rooms in so bad a state, though he had had much experience. He saw the rain come in under the window in the room above the drawing-room, and at the south end near the fire-place, where there is no window: it ran down the wall, and dropped through the ceiling into the drawing-room. The amount of the bill for papering was £11 11s. 9d. He was sure the work was not now worth that sum.

 

Cross-examined.—I have seen rooms in an exposed situation, where it was difficult to turn rain.

 

 

[to be continued]