Accrington Railways - Robert Kenyon

Act to the Company for making and completing the Railway or otherwise in relation thereto, they shall cease to be exercised, except as to so much thereof as is then completed”. The maximum charges for all passengers carried, including all tolls for the use of the Railway and for carriages, locomotive power and every other additional expense, shall not exceed the following - For every 1 st Class passenger the sum of 3 pence per mile. For every 2 nd Class passenger the sum of 2 pence per mile. For every 3 rd Class passenger the sum of 1 penny per mile. For every animal in 1 st Class the sum of 4 pence per mile. For every animal in 2 nd Class the sum of 3 pence per mile. For every animal in 3 rd Class the sum of 1 penny per mile. (This was one of the many might-have-been projects which were proposed during the great Victorian fervour to invest in the expansion of the railway network.) June At Liverpool Assizes, a Great Harwood woman Mrs Elizabeth Bentley, was suing the Lancashire & Yorkshire Railway for negligence following the death of her husband in an accident at Rishton Railway Station, which had occurred in the evening of November 8 th , 1885. Mr Justice Grantham presided, whilst Mr Addison QC MP and Mr Yates were appearing for the plaintiff, whilst the Railway Company was represented by Mr Collins. The facts were that her husband, a stone mason, was intending to travel from Rishton Railway Station to Blackburn on the 9:40pm train, when he was crushed between two wagons which were being shunted in the goods yard of the station. Mr Addison said there was no doubting that Rishton Railway Station was a dangerous place, with few facilities, a wooden shed for shelter and a booking hall, which was why passengers frequented the nearby Rishton Arms public house as a temporary waiting room to take refreshments and use the facilities. He highlighted the fact that whichever way a passenger was intending to travel, there was only one way to approach the platforms and this was through a gateway then on a wooden walkway across the goods yard, which involved passing over two lines which ran through the yard and into the goods warehouse. On that night it was very dark, and Bentley had left the Rishton Arms to follow his friend James Morris to the train. Morris had gone ahead to book the tickets and had left Bentley behind to catch him up. In his testimony, Morris stated that he had gone to cross the yard and had found the walkway blocked by wagons. Because their train was due and he had not observed a locomotive, he had clambered between the couplings on the wagons. He was proceeding on to the platform when he heard the wagons suddenly start moving, and then a cry rang out. It was then he realised that Bentley had been trapped between them as they had been shunted for about 20 yards in distance. The QC said the Court having seen the layout of the station and yard at Rishton could have no doubt the Lancashire & Yorkshire Railway had shown a lack of competence in having wagons obstructing the lines and shunting them across the walkway, which made them totally responsible for this fatality. It was obvious that seeing his pathway blocked and being unaware of the presence of an engine, the plaintiff’s husband would attempt to pass through with his train approaching. The Counsel for the L & Y then questioned Morris and asked, “Had you been with Bentley on the night in question, after first meeting him at a quarter to six?” To which Morris replied, “Yes”. Further questions ascertained that they had visited the Roe Buck Inn and they had consumed one pint of beer each and a small whisky ‘chaser’. They had then moved on to the Walmsley Arms, where they had consumed half a gallon of beer between them, before moving on to the Rishton Arms where they had consumed an additional gill of beer each, although Morris was not sure if Bentley had gone onto lemonade. Collins said “I do not wish to suggest that the deceased was drunk, but to establish his state of judgement”. Morris replied, “He was very talkative”. His Lordship then intervened by asking, “Is this proof of drunkenness?” To which Collins retorted, “It is a matter of degrees Sir”. Collins did not call any other witnesses, but in his final speech contended that the deceased had contributed to his fate by “contributory negligence”. In his summing-up Mr Justice Grantham directed the jury to award damages to the plaintiff, and after a short consultation decided to award the sum of £800, to be divided as £300 to Elizabeth Bentley and £250 each to her two children. The Town Clerk reported he was in receipt of a petition from Mr Baker with regard to the Accrington, Sabden & Clitheroe Railway. This petition was in support of the said railway and required

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