The Denaby Main Colliery Difficulty Again

In the Queen’s Bench Division the case of the Manchester, Sheffield, and Lincolnshire Railway v. Denaby Main Colliery Company, Limited, was yesterday before Justice Field and Baron Huddleston, sitting at Westminster.

The action was brought by the plaintiffs to recover sums of money which they alleged were due in respect of carriage of coals in 1880. The defendants not only pleaded that the claim was improper, but also that the plaintiffs had unduly and unfairly preferred other customers to themselves, and entitled them to succeed against the plaintiffs upon a counter claim for damages, extending over the years from 1874 to 1880.

The present stage of proceedings was that the parties would try at the next Leeds Assizes, unless prevented by the present proceedings, for inspection on the part of the defendants.

The defendants’ counsel, Mr. Vernon Smith, and the action had reference to transactions extending over the plaintiffs’ line of railway.

Mr. Littler, Q.C., now moved the court to vary an order made by Justice Williams, ordering the plaintiffs to give inspection of their books to the defendants, and to pay the costs of the order.

If the order were confirmed, the defendants would have the power to take up the defendants’ affairs in a manner which would be most injurious to railway companies, and expensive to the parties.

At all events, the costs of the inspection should be paid by the defendants, who alone required it for their counter claim.

Their lordships dismissed the appeal with costs.