The Express.
London, England, 1862-12-15 00:00:00

THE EXPRESS, MONDAY EVENING, DECEMBER 15, 1862.

COURT OF QUEEN'S BENCII:=Mac..I3.

Sittinp at Nisi Priva after Term at Guildhall.—(Before
Lord Chief Justice Cockburn and a Special Jury.)
BHuRTHOULUL AND WIVE r. THE LONDON AND BRIGHTON
RAILWAY COMPANY. _

This was an actioo to recover compensation for injuries
sustained by the plaintiff's wife through the alleged negli-
gence of the defendants' servants. The defendants pleaded
not guilty. The damages were laid at 13,000/., and they were
divided as follows :-8,6661. 13a. 4d. for his wife's suffering,
and 4,333/. tic gd. for the deprivation of the comfort and
fellowship of his wife, and for the greet expense be had
been put to, and would continue, in providing necessary
surgical assistance.
_

Mr. Hawkins, Q.C., Mr. Robineor, and Mr. Cm. Griffith;
were counsel for the plaintiff ; Mr. Bolin, Q.C., Mr. G.
Denman, Q.C., and Mr. A. L Smith, were for the de-
fendants. _

The plaintiff is a surgeon practising at Canhalton, and
he brought this action to recover compensation for the
serious injuries his wife bad sustained through the alleged
negligence of the defendants' servants. Mrs. Shorthouse is
about 30 years of age, the mother of See children, sad
was in perfect health up to the time of the accident. On
the 7th August, 1851, Mrs. Shorthorn/ took third-class
return tickets for herself, nurse, and children for the
Crystal Palace. On their return in the evening
the carriages stopped at Croydon, some distance from
the platform ; the carriage doors were opened and the pas-
sengers were told they had to change carriages for Carabal-
too and Epsom. The floor of the carriages was about three
feet from the ground, and the nurse, on getting out, fell.
Mrs. Shorthorne got oo the step of the carriage to alight
when some one C*ll2o and assisted her out. She tried to
jump from the step to the ground, sod in doing so she
alighted on a kind of box covering the telegraph signals,
the heels of her boots caught co the but, and she was thrown
backwards and forwards and received great injury. She felt
pain in her legs immediately, but she was obliged to make
haste to the Csnhaltou carriages, or she would have been
left behind. She felt weak and sick after she got into the
carriage, and she was obliged to call at a friend's house
before she got home. She was condoed three months
before the accident, Her husband attended her for the ac-
cident. She still suffered great pain in the thighs and spine.
In eras-examination Mrs. Shorthouse said that in Jane
last, just before the case was to have been tried, Dr. Ram •
skill, Dr. Poland. Dr. Goirland, Dr. Girdwood, sod Dr.
Gay were consulted. She could not say if four other medical
men wereconsulted. She was not aware that several bad
said it was no use their being called as whammies in her case.
She was recommended to take abort walks after the acci-
dent. She might have walked two miles out and the same
back since the accident. She had also worked in the garden
since. No complaret was made to the company till a fort-
shght after the accident.
Dr. Gowland, of Finsbury-square, surgeon to St. Mark's
Hospital for Fistula, Ire., had examined Mrs. Short-
house. He described her state, and that it was necessary
for her to nee the enema sod catheter. Her rymptorne
might be attributable to many causes, but the accident was
such as would produce them. He examined her a few days
Mace. SW bad not improved.

Were called, who spoke to the am=
lmitrtlfey, is well as Mrs. Bhortholuie, were crounme
relative to the number el permits who-wen at me instal
Palace, and the excitement and alarm experienced by lirs.
felorthouse at Bloudin's feint of falling from the high rope,
upon which
The Lord Chief Justice interposed, and said it was
surely not to be seriously contended by the defendants
that that wee the cane of the symptoms and sufferings
described by the female plaintiff. Great stress was also
kid on the fact of there being a wooden step running
along the side of the carriage, underneath the iron step,
which ought to have beea made use of by the female
A juryman said it was an exceedingly inconvenient step
for • lady to we.
Mr. Bovlll said no doubt it was so.
The Lord Chief Justice remarked that the question was
whether it was practically available for use.
A juryman said it could not be used without the passen-
gers tuning sideways.
Witnesses were also called relative to the general state
of Mrs. Bhorthouse's health previous to the accident.
A coeferenoe took place between the teamed counsel,
when Mr. Robinson said they had arranged to refer the
amount of damages to a me&ail gentleman connected with
St. Bartholomew's Hospital.
The Lord Chief Justioe said it was a right and fitting ter-
mination of this ease. There was no doubt the female
plaintiff was entitled to a verdict, for up to the time of the
accident the lady was in good health. The accident had
given a shock to her nervous system, entailing serious
00010,111411C05.
A verdict was accordingly taken for the plaintiff, subject
to the reference alluded to.