OR, The Turn Out. 195 



wheel of the dray was knocked off, and the vehicle was otherwise 

 damaged ; but no one was hurt. This was the second accident 

 of a similar character in the same neighbourhood, in both instances 

 brewers' drays coming to grief. 



At Wednesbury, a Tramway Company's engine and car collided 

 with a wagon. The wagon was broken in two, and the man in 

 charge of the horse and wagon was badly injured, both his legs 

 being broken. The horse was also injured. 



Mr. and Mrs. Pankhurst were returning home, when the horse 

 attached to the trap in which they were riding became startled at 

 the steam tram, and boked. Both lady and gentleman were 

 thrown out with great violence, and were seriously injured. 



One of the spare tram horses used to assist in drawing the 

 tramcars at Walsall was being taken back to the company's 

 stables, when the animal became restive and commenced rearing, 

 and swerving across the footpath, backed right into one of the 

 windows of a shop. The horse backed against the window with 

 such violence that a large pane of glass, quite half an inch thick, 

 was completely shattered. The damage done to the window and 

 goods inside is estimated at not less than £20. 



An action was recently tried at Dudley, before Sir Plupert Kettle, 



in which J. G sought to recover from a steam tramways 



compan)^ the sum of £5 10s. damages sustained by a collision 

 between a steam tramcar and a horse and cart driven by the 

 plaintiff's servant. For the plaintiff it was contended that as he 

 was driving up the road his horse became restive at the approach 

 of a tramcar, which was alleged to be drawn at the rate of 

 IC miles an hour. Plaintiff put up his hand as a signal to stop 

 the car, but as the engineer was then stooping down, no notice 

 was taken of the signal, and the engine ran into the horse. For 

 the defendants it was urged by the driver of the engine, seven 1 

 witnesses, and the manager to the company that the car was 

 travelling at a speed of between four and six miles an hour, and 

 that plaintiff contributed to the accident by his inefficient control 

 of the horse. His Honour said the case was of so much import- 

 ance to the travelling public that he should take time to consider 

 his judgment. This has now been given, and is as follows : — 

 L I find that the driver endeavoured to bring the engine to a 

 stand still within the meaning of b3^e-law HI., as soon as he became 

 aware of impending danger. 2. I find that the driver of the 

 engine was guilty of negligence in not keeping a sufficient look 

 out to have seen that the plaintiff's horse, by his restiveness, 

 caused an impending danger, and thereupon bringing his engine 

 to a standstill. 3. The immediate cause of the accident was the 

 swerving of the plaintiff's horse towards the approaching tram. 

 4. It was known to the plaintiffs driver that his horse shyed at 



