The Queen against Brownlow and Others
| Jurisdiction | England & Wales |
| Judgment Date | 18 November 1839 |
| Date | 18 November 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 358
IN THE COURT OF QUEEN'S BENCH.
S. C. 3 P. & D. 52; 8 D. P. C. 157; 9 L. J. M. C. 15; 4 Jur. 103.
[119] the queen against brownlow and others. Monday, November 18th, 1839. A coroner's inquisition on a dead body found that, on a day and at a place named, the deceased being on board a steam-boat then floating and being navigated in a river, by misfortune, &e., a boiler, containing water, and then and there forming part of a steam-engine on board the steam-boat and attached thereto, and which boiler was then and there used in working the steam-engine for the purpose of propelling the steam-boat along the river, and was then and there heated by a fire then and there also forming part of the steam-engine, burst, : whereby boiling water, and coals, &c., forming part of the fire, and which water and coals, &e,, were then and there used in working the steam-engine, by misfortune, &c., were cast from the boiler and steam-engine upon the deceased, whereby be then and there received a shock, &c., and thereby became shaken, &c., of which shock, &c., the deceased instantly died, &c.; and that the boiler and steam-engine were the cause of the death and were moving thereto, and are of the value, &c. Inquest quashed, because no time was sufficiently laid for the : time of the explosion, or for that of the death. Quaere, whether the inquisition wts bad in making the steam-engine, as well as the boiler, deodand. Quaere, HAD. *,H.1M. THE QUEEN V. BROWNLOW whether, if juror's' names be inserted at full length in the body of an inquisition, it is any objection, that some have signed the inquisition without giving their Christian names at full length, but only the initials. Though the Court will sometimes quash an inquisition on motion, for palpable defects, the moat convenient course is to. put the party contesting it to demur. [S. C. 3 P. & D. 52 ; 8 1). P. C. 157 ; 9 L. J. M. C. 15; 4 Jur. 103.] Sir W. W. Follett obtained a rule, in Michaelmas term 1838, on reading certain affidavits, and the inquisition taken on 16th June then last, before William Baker, gentleman, one of the coroners for the county of Middlesex, on view of the body of Andrew Brown, then and there lying dead, requiring the said coroner, and the widow, if any, or next of kin, of the said Andrew Brown, and the Solicitors of the Treasury, to shew cause why the said inquisition should not be quashed. It was admitted by Sir W. W. Follett, in argument, that the objections must be confined to what appeared on the face of the inquisition, which was as follows. "Middlesex, to wit.-An inquisition indented, taken," &c., at, &o., "in the parish of Saint Paul, Shadwell, in the county of Middlesex, the 16th day of June in the 1st year of the reign," &c. (1 Viet.), "before William Baker, gentleman, one of the coroners of our said lady the Queen for the said county, on view of the body of Andrew Brown, a fireman, aged twenty-five years, now here [120] lying dead, upon the oaths of Peter Mellish," &c., "John Thomas Lovell, &c., and Peter M'Donald" (in all fourteen, all the Christian and surnames being set out at full length), " the several persons whose names are hereunder written and seals affixed, good and lawful men of the said county, duly chosen, and who, being now here duly sworn and charged to enquire, for our said lady the Queen, when, how, and by what means the said Andrew Brown came to his death, do, upon their oath, say that, on the 14th day of June in the year aforesaid, in the parish aforesaid, in the county aforesaid, the said Andrew Brown being on board of a certain steam-boat called the " Victoria," which was then and there floating and being navigated on the water of a certain river called the river Thames, it go happened that, accidentally, casually, and by misfortune, a certain boiler, containing water, and then and there forming part of a certain steam-engine in and on board of the said steam-boat, and attached thereto, and which said boiler was then and there used and employed in the working of the said steam-engine for the purpose of propelling the said steam-boat in and along the said river, and was then and there...
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