The Express.
London, England, 1855-02-14 00:00:00

COURT OF COMMON PLEAS.-FEB. 13.

atl/0 JUSTICE JJIVLS

WITUNIII AT MLR FAWN IS
MID A COMXOX JUAT.
COLLINS O. CLARIL.-EtINNING -DOWN CASE.
The plaintiff in this cue is a cab proprietor residing at
Pimlico, and the defendant is in business in the Strand.
The action was to recover 251. or lot., the value of a horse
which had been killed in consequence of a collision be-
tween a cab of the plaintiff's and a cart belonging to the
defendant.
Mr. Serjeant Shee and Mr. Hawkins appeared for the
plaintiff, and Mr. Serjeant Byles for the defendant.
The accident happened about 11 o'clock in the morning
of the 23rd October last. On that occasion the cats wee
pawing in the direction from Chasing•crou to the Board of
Trade, and the defendant's cart was being driven by a lad
he opposite way. The vehicles came in collision, and the
near shaft of the cart pierced the near shoulder of the cab
horse, and so severely injured him that he bad to be
killed.
To establish the plaintiff's ease, witnesses were called to
prove that the collision bad happened through the negli-
gence of the defendant's lad, and without any negligence
on the part of the cabman. After several witnesses had
bean examined, however, it appeared that the cart was on
its right siJe, and that the cab was being driven across the
road when the collision happened.
His lordship suggested that upon this state of Gets the
plaintiff's cue could not be sustained.
A nonsuit was accordingly entered.
The Chief Justice (addressing Mr. Serjeant Shoe) said he
thought it right to state that hie client had been twice re-
ported for not having paid the fees of court.
Mr. Serjeant Shee—lt is only just to him to say that he
pays the fees of counsel. (A laugh.)
The Chief Justice—lf such a thing occurred again, he
should take the summary course of committing him.
HARE'S AND OTHERS V. WILLIS.-COLLISION ON THE

This was an action to recover demises for injuries done to
the steamer Ella, in a collision with the steam tug Commo-
dore, on the 11th May last. The defendant pleaded not
guilty, and that the matter had already been decided in
his favour in some proceedings in the High Court of
Admiralty.
Mr. Serjeant Bybee end Mr. Hawkins appeared for the
plaintiffs; and Kr. Edwin James, Q.C., and Mr. Ildward
for the defendant.
The plaintiffs represented the Old Woolwich Steam Boat
Company, and the defendant the Ship Owners' Towing
Company. On the day in question the Elfin had taken a
party of the directors of the Woolwich company to Sheer
nen, and about fiat night she was passing the Dreadnought
hospital ship, on her way back, and was about 100 yards
from the Essex shore. The tug was seen ahead. coming
stem on, and in consequence the captain of the Elfia had
her engines reversed, and he sang out for the people on the
tug to port their helm. This however was not done at all,
or not in time, and the collision happened. The plaintiffs
applied for redress, but they were answered by proceedings
in the Admiralty Court, which resulted in a decision
in favour of the now defendant. According to the plain-
tiffs' counsel, however, that was a meet unsatisfactory tri-
bunal for trying a case like this, inasmuch as all the evi-
dence
was given by affidavits; and the judge, instead of
seeing the witnesses, bad only to sit still and hear the affi-
davits, looking as wise as he could, with two elder brethren
of the Trinity House, trying to look wiser still. (A laugh.)
At all events, the now plaintiffs were not satisfied with
the decision of the Admiralty Court, which was now the
subject of an appeal, and they consequently brought the
present action to rccover 391. for damages to the vessel, in
oddities to a sum of money for having lost the use of her
whilst being repaired.
After seven or eight witnesses had been examined for
the plaintiffs, it was agreed that further litigation should
be prevented, and this action stayed upon the terms of
each party paying his own costs.