The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-03-04 00:00:00

SERIOUS RUNNINO-DOWN ACCIDENT BY
BICYCLISTB.

At the County Court og Thurstay the attention of his
. • in, Mr. S.rjeut Tndel-Atkin•on, was engaged for
*WOO Chfasiderable time In hearing the plaint of Fumy v.
. Wiloox and (Magoon, which woo • claim for damages
brought by the plaintiff. • widow woman living at
Hort in, against tbs deign lace, er,o are Libitum, of the.
lime place. for Injuries 'nominal by being ridden over
by them with their bicycles. Toe demure.. w• vs axed
at .C 9 3e., begot made up I. follows :—LS 5e 9. inedical
attendance, 1:2 In.. of wages, and XI ge tor • nurse.—
Mu II W. Dootwn appsered for the piaintiff, not Yr. 11,
S. D ckinson for the defendant.. nod • jory was called to
bear the eau, consisting of Si -ors. Clift in, Hopkins,
Johneon, R dont. and Itu-sell.-111• Boutin, in hie pre-
liminary remark., said although then • might bee popular
vela lice egain.t giving damaged beyond those act rally
ensuing), yet the jury were perfectly competent to take
Into c maiden ,tion the paim and anguieb a utter ir might
have endured.—lt wool I sum, from the evidence, that
on &sedan, September 16 h, the plaintiff, Ellen Fancy.
want 'a Clbarlbure Church, and on hu return home.
between twelve acid one, when walking in the middle oh
the rood, someone ebouted that there were tincycles c-•m-
Mg. line looked round and saw the defendante c owing
at • great rate. Stu tried to get out if their way, hut
before she could do so fa/101•11 knocked her down, Wilcox
jut avoid,ng her when she was 0' the ground. Ti,.
result we that both bone, of her left lee were fractured.
Coleman afterwards came Ii her hone, and expressed hie
sorrow. saying he would much ritier the • •cideint had
h ippened to himself, not he al o Dimities.' to pay th•
doctor'. bill. This, however, neither of them hod done.
Dr. Paekineon wee called in to al rid her, and 'the hat
to remain in bed two month., and woo partially dirabled
another montle—Another wiil,iw, naz ed Lister, who was
with the plaintiff, proved seeing the c il6sion, which
resulted, not tnly to Fancy's I. int knocked down, but
LI 'lemma hguelf coming to grief. Ac onlieg to her elate.
mint the riding was very cantle..., for jut before lb.
accident Coleman, who •se riding
.behind tbe other
defendant, nen his big wheel into Wilcox'. hind ono
Wilcox, however, it wee admitt -d by • witness named
Clarissa Hasher, applaud to be riding atewlilf, and it wee
ale proved that another woman nested Tubbs, who atop
was knocked down, cried out to Coleman "For God's
ask,. B•II, don't ride own no."—At the conclusion of the
plaintiff's (cue, his Honour Intl:noted that aa ageinst
Wilcox thus wig no evidence, the vtriliet must be given
In ble armor. Tble woo exultingly done.—Mr. Dickineon
on beball of Coleman. eunmilted 'bet the accident erode
Iron cirzumstance• over which he had no control, and
not through his negligence. The road woe. narrow ens,
tad Coleman was riding stesdily behind and in a line
with Wiloog, who pawed by Mrs. Fancy. His front
wheel happened to collide with his companion's hint
one, and Os Was thrown, as, t in falling knocked down
the plalutiff.—Coleonan gave mdse.,* to that effect,
and he aMuned th•t they had their bells on their
bicycle., and be farther denied that when he expressed
his regret for the accident hi mad• any plunges to pay the
doctor', bill In reply to his Honour, beweren, he
admitted that he cool I have got off his bicycle and pre-
vented bie wbul touching Wilcox's, and than avoided th•
accident, upon wh ch his Honour told him the
negligence had Lego prove-I.—Wile., said they were
esing about eight miles an hour, which was not fast for a
bieyele.—But It le, said his Honour. for • padeatrian
public—Sire. Wilcox wee called, and said if the pisint.ff
had only gone on in front she would not have been
knocked down.—el to other words, said the judge. U she bad
not been there she would not have met with the accident.
—Another witness swore he besr I the ringing of the bells.
—His Honour pointed out to the jup that if negligence
had been shown on the part of the defendaut he was
guilty, civilly, and criglinelly. Toe introduction of tbis
modern horse bat now become very general upon the r
reeds, but its riders mat su that they egarcieed die cue
and precaution for the sot- ty of lb, public. At the same
time there was also for them, in this case, the quietus
whether or not there was contributory negligence on the
part of the plaint if.—The jury, aft r a beset ly c insults-
lion, foond for the *Until for 12 13e—In the Case Of
Wilcox he &Bowel the defendant it costa 151. solicitor's
fee and 3e, for his day's work,—Na other costa were
allowed.

lIIPOIttaNT BANKRUPTCY —la re Vivian es
puts Herdipg.—Mr. A. R. Paola. of Bristol. barrister, it,
struck"( by Kr. W. D. Rodway, of Trowbrielse, appeared
for Mr. 84uson Harding. of Trowbridge, and Kr. Nodter,
of Salisbury, on behalf of the official rec dyer under the
new Butkruptcy Act (24-. D tweet —ln opening hia cam,
Mr. Pot. said that this was an lipped against ths
decision of the official receiver and Dude" who had
ulea.l a proof of Mr. Hardlna's for the sum Of
Lelli 13s. ii. beteg an sin ion, of principal and inter-net
doe from to bankrupt V.•ian. of B men mouth, to Mr.
Her Hee, his feiher.in•lew. A petition in bankruptcy
wee filed on the gist of enuery, and at the drat meeting
of the cregiters Mr. Ro bray. •Wicit-r. of Treerbebfg
attented with certain or mire, which. will M. Rudince
snouted to nearly IMO. The procnisuev wits fprolureed)
wee proolu dned by Mr Ro war c .edvs mof Mr.
811 er.ng • proof, but Wad o` j etai to be • woe the bill
showed Vest an ...mare h 4,1 ii., :a ma ie 11 (1(r. Pool.)
should le pr Tar 'el to ehow that too presni•eory nom in
glutton was not aluared eft it. It had bmn •Ign.l. The
ewe wet.. by• ay them :—Teat the bangrupt in October,
1282, married Mr. Harding*" denghter. end Mr.
Harding lent him 49000 In two in t ilmente of
£lOOO snob—to go Into badmen with. Pert of
this money be had to miss on mutat,, bit lete
did it to accommodate his sonein.law. No security.
.ess given at tbe time, but In the following June Mr.
Harding got Mr. Rixtwity to drew out a prerreisiory note,
which WWI sent t wine, hownver, roturaed it,
sari,. It was wrongly dated. It wee th,n loin 1 that the
rea• 1881 had bun pat In the note in mietsk• for Het
and the neeetwery intendment baying berm med. by mfr.
stltating the noire I for 1, It wee sent mein to Vivian,
wire signal it an I returned it to Mr Harding. Verbal
I ittere and alb Invite were pill,, and Mr. It, Meer. Mr.
Harding, and Dee b entrant wore called fee witness •11 an
were sebj.ctel to a searching examinailon by Mr.
N tdder, who, however, halal ta show that there had been
any fruit or collasi in for ill-gal purpose' te-t woes Kr.
Harding ant his eon in-law. Mr. N older contended that
the °A del resolver was In this cue perfectly inniifinet in
tho proofs sent II him—His Honour said thst
the thread of the issue raised before him wee this—Was
the &Betel receiver Juetllled in rejecting this pricier not 1
He hied come te Use conclusion that there bad been no
(nut nor the slightest nit .mpt at fraut on the part of Mr.
Harding or his sou-in-leer, or his solicitor, who vecooll
leave that court without the slightest eumicion of
anything of the kind resting on them. This trentactr in
lus 1 been a Una fide advance of money by Mr. I/ noting to
his son-in-law at five per cent. interest ; and the proof
meet ha allowed. At the sire. time he must ray that
the official receiver woo ref rf ectly justified, under all the
oirc mastentme, in doing as he did. The new Bankruptcy
Act woo • very stringent one, and its great object woo
that there shonld be • careful inquiry lute all the part
dealing of • bankrupt, se that no tread might be
practiced on creditors. The appeal would be allowed,
and the taxed ewts of the r meiver as t seen party and
party. and also the costs of the ofildel receiver would
have to come out of the hankrupt's estate.