The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1878-12-10 00:00:00

MR. WALLIS'S ACCIDENT.

In the Common Pleas Division, before Mr. Justice
Lindley and ji special Puy. Wallis v. the Loud et and
South-Western Hallway ()mummy, was an la?tiam to
recover damages for Injuries suffered in • colladon on
the Defendants' lin*, and, as the negligence was
admitte I, the only question was the amount of damages
to be awarded.

Q.C., and Mr. Wood Mill appeared
fn • the plaintiff; and Mr. Cul*, Q. 0., and Kinglake
for the O_4A andante. _ . _

--The Plaintiff was • clen•ist at Weymouth, and on
the 6th of November, 1877, in the evening, be was
travelling from Wareham to Weymouth, and at Do--
cinder the collision happened. The Plaintiff's
compartment was smashed to pieces, and he was
seriously hurt. His business fell off to the extent
of about three-fourths The principal injury was a
chock to the system, arising from oonceedon of the brain
or spine. He had been accustomed to athletic exercises
and rowing, and had won severe prizes but his pro-
ficiency in that direction had been greed) ineelred by
the accident As soon as the collision occurred he was
carried to the King's Arms, at Dorchester, and,
although he wee most anxious at once to go home, the
medical attendants representing the company deemed
It imprudent to miaow him to be removed. In the
course of six weeks he was able to return home, and
he then found that his business, which wasp in its
infancy and required personal attention, had very
much suffered. For a time he Improved in health,
but from time to time he suffered a relates and,
although la, was, perhaps, not permanently incapaci-
tated, there could be no doubt that he had sustained
serious injuries.
The plaintiff, on being examined, stated that his
father was • member of the Town Council at Wey-
mouth. From the time he opened his business tip
to the accident, a period of six months, his gross
receipts amounted to about £5OO. When he was able
to resume work he found that his practice had fallen
off to the extent of about three-fourths. Being crow
examined, he added that on two or three occasions
slam the accident he had fallen down unconscious He
had never kept a bank book. He had stated in his
particulars that his femme represented £4OO a year—
that was nett
Mr. Simpan, surgeon at Weymouth. said he saw
the plaintiff soon after the accident and found him
lying it. bed in • heavy lethargic condition. He was
unable to enter into conversation, and It was only by
repeating (plasticise to him several time that be could
be got to answer at all. When he did answer his com-
prehension messed quite dull tempered with what it
wee before the accident He was suffering from con-
cussion of tb• brain sad spine, clearly the result of the
collision. His nervous system had received a severe
shock, and it was doubtful whether he would ever
proporliesraf;idtlng m
13.
Hospital,
thought the plaintiff would always be a broken down
man. He would certainly never be lit for athletic
exercises said rowing again.
This was themes for the plaintiff, and Mr. King.
Lake intimated that be did not intend to call any
witnesses on behalf of the company.
Mr. Murphy haring rammed up the evidence for the
plaintiff,
Kr. Cole said the company had determined not to
call witnesses, because they could not materially alter
the facts, either as to the rendition of the plaintiff, or
as to the profits of his business. The South-Western
Railway had been remarkably free from accidents,
and the company regretted the suffering the plaintiff
had undergone in the present instance. They had
resolved, however, to call upon • jury to masa the
damages, because, while they admitted that the plain-
tiff had been seriously Injured, they believed be would
speedily be restored to health. It was ridiculous to
suggest that a person in the position of the plaintiff
could earn £l,OOO a year Irmo in a place like Wey.
month, and he submitted that the cam wee one for
very moderate damsels indeed.
Mr. Justice Lindley, in summing up the mee, said
the only question the jury would have to trouble
themselves with was the messenent of the damages,
and that would not be a difficult matter to dzinriz
as it .would be comparatively may to estimate the
amount the plaintiff had lost, and what would be
sufficient to compensate him for the suffering he had
sustained, having regard to his position in life.
After a few minutes' deliberation the jury returned
a verdict for the plaintiff, damages CR
Kr. Judge UndleJ y gem judgment amordingly, and
certified for a Special ury.