James Heygate (for the Plaintiff): John Cave is a shoe manufacturer, living at Rushden. I call Paul Cave, his son. To explain the claim.

On the afternoon of April the 11th, I delivered to the drayman, three lots of shoes, in two hampers and one box. There were three hundred and seventy-three pairs of blucher shoes, and two pairs of sea boots, consigned to Pocock Brothers at London. There was also a hamper consigned to Hom,an and Company of London, containing shoes. I saw the goods booked by Harry Brooksby. The box containing part of the 373 bluchers got broken, and by some means, 28 pairs of bluchers were lost. We received a letter from Messrs Pocock 28 were short of what was on the invoice. I saw the Midland Railway drayman, George Dimbleby, a day or two later. He told me then that the crane broke when they were being loaded. It broke and some of the shoes fell out.

Mr Atter (for the defendants) interposing: Your Honour, I submit that the proper party to sue is the consignee, who is not present.

That was over-ruled, and the Cave evidence continued.

Harry Brooksby: I am a clicker, employed by John Cave. I packed the shoes, and counted them properly.

Edwin Currie, clicker, employed by Messrs. Pocock of London: I unpacked the goods the next day. The hampers were all right, but the box was broken, and tied round with rope. When it was untied it fell to pieces, and the shoes looked as if they were thrown in. I counted them all, hampers and box. There were three hundred and forty-five pairs. The hampers were all right.

The foreman of Pocock Brothers, Pierce, gave similar evidence, and added, "The box looked very disturbed, and it was not nearly full. I counted 345 pairs".

Mr. Atter: There might have been a mistake in the number counted in the hurry of packing them. The breaking of the crane was very trifling. The box was nailed and secured at once. The hampers were put safe, and forwarded to the consignee the same weight as when received, so the fault cannot be with the Midland Railway.

George Dimbleby, drayman for the Midland Railway: I received the goods on the 11th of April. I had to wait three quarters of an hour for them. They were packed in a hurry. The crane broke with the box on it, and a pair or two fell out, but they were put back in, and the box was made secure and put in the truck.

George Salmon: I had to wait at Cave's, three-quarters of an hour. I saw the goods packed, but I did not see any checking of numbers.

William Bontall, porter, Irchester Station: I checked the weight before and after the breakage. The total weight was six hundredweight, three quarters, and thirteen pounds. The box by itself weighed two hundredweight and three quarters.

George Kingston, porter at St. Pancras Station: The weight of the goods received by us, tallied with the weight when loaded at Irchester Station.

Edward Triplet, car-man on the Midland Railway: I received the goods at 12.15 on the 12th of April, and delivered them to Messrs. Pocock. The box lid was a little open, because the nails were partly drawn, but it would not have been possible for anyone to have put his hand inside. A lad was with me, and he kept watch over the goods when I had to leave the car.

James Pearson (boy): I sat on the box all the time it was in the car.

George Kingston (re-called): The goods arrived at St Pancras at 2.45a.m.; and between that time and 12.15, they were in the goods shed under the care of the watchmen.

Judge Harington: Taking into account the evidence, I have to believe that the difference in the number given into the charge of the Midland Railway, and the number delivered in London, were lost by them, and they are bound to make them good. The verdict is for the plaintiff, John Cave, for the amount claimed.