The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1862-08-12 00:00:00

L._

Legal.

BALANCE OF ACCOUNT FOR GEITING A 1113SBAND.—
In the Sheriff's Court on Wednesday, an action was
tried before Mr. Commissioner Kerr, "Litchenfield r.
Brandt." to recover £lO, the balance of £l5, which it
was alleged the defendant ngreed to ray upon the mar-
riage of her daughter to • husband o the plaintiff's pro-
ounng. The plaintiff was a Ovrnian living at the east
end of London, and the defendant is • widow ladyrwho
keeps a tobtcconist's shop in Fleet-stieet. According to
the plaintiff's statement, ho sal consulted in November
last about a husband for Miss Brandt, elti being agreed
to be paid if lie obtained cue for her. He introduced a
respectable young man, awl went with him every night
to bee the young lady. On his oreas-examination it was
elicited that there had been 801111) talk between the
plaintiff and Mrs. Brandt about • partnership, and Mr.
Buchanan, for the defendant, urged that no action
could be sustained, as there was no consideration for
the promise, and that the £5 was paid in reference to
the business, and not for getting the husband. The
Judge concurred in this view, and found for the defen-
dant with costs, the plaintill strongly protesting that he
got the husband for the young lady, and ought to have
his tiff.

SINGULAR CARR OF TROY/CR.—ln the Secondaries'
Court, an action for trover, and to recover damages for
wrongful detention of property, was tried before Mr.
Seooadary Potter. The plaintiff, Mr. Goodsell, sued
an assignee of John Sullivan,a stevedore,who made over
his gear and machinery to his "sweetheart," the defen-
dant, Elizabeth Sees. The plaintiff had recovered
damages against Sullivan for false imprisonment, and he
then gave • bill of sale to Elisabeth Sem, and also made
himself bankrupt) thereby deanding himself of all his
property. Mr. Goodsell was appointed the assignee,
and now sought to recover the property, which was
worth £59 15e. The learned counsel proved the value
of the property, and asked for damages for detention.
Mr. Secondary Potter could not see how an
assignee could obtain damages for detention.
His only duty was to realise the estate. Mr. R..
Griffiths said he could have let out the gear. The jury
under the direction of the learned Secondary, found for
£55 Si., the value of goods, and Is. nominal damages.
LIABILITT OF RAILWAY LICBBIIIB.—An important
ease, to test the liability of railway proprietor, &0.,
in the punctuality of arrival and departure of trains,
came on for hearing before the judge of the Barnstaple
County Court, on Taeaday. Mr. Ley, a gentleman of
Bideford, claimed 30e, expenses incurred, of Messrs.
Blasaey and Ogilvie, the eminent railway ceutractors,
for being inconvenienced by the delay of a train on the
North Devon Railway, of which they were the lessees,
on the sth April, 188/ It appears that the train left
Bideford early in the morning, and at the station at
Eingesford Park some very heavy luggage was taken up,
by which the speed of the train was reduced much
below the standard. A few miles above Rumford the
train same almost to a dead stand, and would certainly
have stopped altogether had not • number of men
misted by pm.hing behind. The plaintiff was on his
way to meet the directors of some public company in
the south of Devon, and was greatly inconvenienoed
by the delay, and put to unnecessary expense.
Planitiff deposed that on his anvil at Exeter
the station master told him the lessees had been cautioned
against taking too much luggage. In defence it was
argued that the rails were wet and slippery. The
North Devon Railway time-table contained the follow-
ing remarks :—"Every exertion will be used that the
trains shall be punctual, but their departure or arrival
at the time stated will not be guaranteed," and by
this it was contended the lesyees were not liable for the
delay. Mr. Robert Ogilvie (brother of one of the
lessees), manager of the North Devon Railway, said the
engine was by no means overladen. The weather was
hazy when the train storied, and lie was certain that
was the cause of the inenovenience. William Saunders,
the engine driver, and John Rice, the guard, oorro-
borated the testimony of Mr. Ogilvie. His Honour was of
opinion, however, that the delay was caused by putting
op of extra luggage carriages at Eggesford ; the lessees,
having had notice that the said luggage was required
to be conveyed along the time, bad had sufficient time
to enable them to put on an engine of heavier power,
which they failed to do. He therefore considered the
plaintiff entitled to the amount claimed, and gave
judgment accordingly.