The Express.
London, England, 1864-02-03 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF COMMON PLEAS.
SECOND COURT._ _

Sittings at Nisi Priusirilliddiessz(Before Mr. Justice
Keating and a Common Jury.)
CLEVELAND r. SPICE.—THE LOSS OF ♦N EYE.

This was an action to recover damages upon the ground
that the plaintiff had lost the sight of an eye through the
negligeoce of the defendant's servant.
Mr. Iffawkins, Q.C., and Mr. Matthews appeared for the
plaintiff ; Mr. Price. Q.C., and Mr. Baylisfor thedefendant.
The defendant was a gas engieeer at Wandsworth, and
he had a contract with the gas company serving the
district, to "tap" mains, and do other work. In March
last
hajood deal of tapping had to be done for persons who
to illuminate in honour of the marriage of the
Prince of Wales ; and a man named Johnson, who
was in the employ of the defendant was, on
the 3rd March. stoat to tap the main in front
of the shop of Mr. Etherington, a pianoforte manu-
facturer at Richmond. Johnson had uncovered a pipe,
but be was doubtful whether or not it was the gas main ;
and seeing the plaintiff, who had been a labourer in the
employ of the gas company, coming along, be called to him
to ask if he had got the right pipe. The plaintiff said he
thought that he had, and whilst the plaintiff was standing
there Johnson struck his gouge and cut oat of the pipe •
piece of metal, which flew up and struck the plaintiff in the
eye with such violence as to destroy the sight..
The question in the cease was whether the accident had
been awned by the negligence of the defendant's servant.
For the plaintiff it was said that the proper way was to drill
the hole in the pipe instead of cutting it out with a gouge;
but, on the other hand, it was said that to drill in a narrow
road like this would be inconvenient, because it
would require such a large quant of earth to be
moved. For the plaintiff it was said that the gouge had
been struck without an, warning, and that the plaintiff re-
ceived the injury whilst standing upright, but, on the
other side, the statement was that the plaintiff had been
cautioned, had retired in accordance with it, and had re-
turned again ; and furthei that he had lowered his head
over the work.

'lheiuriltasing in vain tried to learn from the judge
what stun would awry coots, found for the plaintiff damages

Mr. Prioe applied for leave to move the full court upon
the ground that there was no evidence of negligence on the
part of the defendant's servant.
His lordship said that he thought on the conclusion of
the plaintiff's ease that it might be a question whether there
was evidence of negligence ; but since then a witness for
the defendant bad said that the work we. not done in the
usual mode.

After some discussion his lordship declined to reserve
leave to move, but he stayed execution upon the defendant
paying the damages and 50/. into court.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
CAVELL r. CAVELL.
This awe came before the court upon a demurrer, raising
• questioa which is incapable of being reported in a public
weal.

COURT OF ADMIRALTY.
(Before Dr. Loshiogton Rod two Trinity Marten.)
THE ACTION AGAINST THE GREAT EASTERN.

The long-peeling easel;Y the c;iruererTitlii;lMe ship Jane,
of the port of Liverpol, against the Great Ship Company,
to recover damages for • collision by the Great Fasten in
the Atlantic Ocean on the 18th September, came on to-day
far the oral examination of wituesme. The vessel had been
arrested on the pert of the late ship for 6,0001.
Mr. Brett, Q. 0., with Mr. Vernon Lushingtoo, appeared
for the ovraire of the late ship Jane ; and Mr. Edward
James, Q.C., with whom were Mr. Heinen and Mr.
Pritchard, reoriented the Great Ship Company.
Several witnesses were examined. The Jane was oo her
vome from Liverpool to Quebecin ballast, when she encoun-
tered the Great Eastern. That vessel was on her homeward
Tangshan New York to Liverpool. The collision happened
about a quarter-past 2 o'clock in the morning of the 18th of
September. It was alleged that the Great Eastern struck the
port bows of the Jane, and did enormous damage. The whole
of the crew of the Jan* (22 is number when all told), except
two who were killed by the cabin, succeeded in
getting on board the Great Eastern. The Great Eaters
laid by until daylight, and then, seeing that the Jape could
not be saved, proceeded on her voyage to Liverpool The
Jane was totally lost. The pleadings alleged improper
navigation of the part of those in charge of the Great
Eastern, and on the part of the Great Eastern, improper
navigation on the part of the Jane. A paper had been
Maned by the parties in charge of the Jane that everything
was done to avert the collision, which would cot have hap-
pened bad the weather been clear.
William Phillips, the mate of the Jane, was examined at
considerable length. He Lad signed the paper alluded to as
exneratiog the Great Eastern. Captain Daft, of the Jane,
had signed the document.
The question before the court was, whether the collision
' which the Jane was lost was through the negligence of
the Great Eastern or through the negligence of the Jane.
The donate cannot be given on the present hearing of
the evident*.

COURT OF BANKRUPTCY.
(Before Mr. Commissioser Genlburnd
APPLICATIONS TOR MEARS FROM CUSTODY.
His Hower took the opportunity of an implication for
release to state that in the case of tif arsball, which had
come before him on Saturday last, be bad been represented
as saying that Moos the decision of the Lord Chancellor in
Colossi Waugh's case this court had no discretion to »lame
from custody in any owe. His remark was not of that
several eater% hut referred only to cases where the debtors
wire in custody on a rapim coders judge's order, twirling
them to bail.

IN Y LOUIS LINZBILII4.
The bankrupt, a cornicoliole manufacturer, of Oxford-
street, has been before the court eine March last. The
liabilities amount to 5,624/. against assets and property held
as securit of about 1,11101. At the last sitting the beak.
/opt tto account for a large portico of his deficiency
big that his name had been forged to ascent
acceptthoes.
Mr. C. E. Lewis opposed for the andgnen, and Mr. E.
Reed for creditors ; Sargood supported.
Mr. Joseph Hart, accountant, to whom it had been re-
(erred to report ou the bankrupt's accounts, reported that
the signatures to many of the acoeptances were evidently
not in the bankrupt's handwriting.
Kr. Lewis drew attention to the fact that in the beak-
rupt's cash account payments to the amount of 4371. were
entered without any names to them. All those payments
had ben made within three months of the bankruptcy ; and
the bankrupt profaned himself unable to give any explana-
tion of them, though he admitted having missed the obliques
' himself. He alleged that the payments bad been made by
I one Smith, • clerk, who had the management of his bui-
-1 ass, and had thin absoooded. The bankrupt's nary was
not at all corroborated, and the assignees countered that he
ought not to pan.
Mr. Reed also submitted that the bankrupt's eaeount
was unworthy of credit, and that he ought to be required to
produoe Smith, who, for eight that appeared, might
be heaping out of the way till the bankrupt got
this noon.
Mr. &Mood contended that the bankrupt, baring been
tubbed, was not likely to be able to produce the thief. He
proposed calling evidence to show that Smith had been
convicted foe roWng a former employer, sad that a done.
tin Meer had made diligent search for him without effect.
Sergeant Lambert, of the H division of polies, was called
rob
that the bankrupt had given informatics of the
by Smith, and that the moult of his inquiries wan
ihatlfee man's real name was Nye, and that he was the
son of • maa livinagg at South Lambeth, and passing under
the name of
Mr. Rupert Rains, of the Craneat, Black f Aare, deposed that
Chapin had been in his employ as cashier, that he had pro-
secuted him for embezzlement, and beard him sentenced to
• year's imprisonment. He described Choppin ; and
Ssenemit Lambert, being recalled, gave • oorrespandbeg
description of him.
[The can was proceeding when our report left.]

N•kaow &CAM—The Swedish ship Sverige,
Oaptain Rodin, which arrived at Singapore on the 10th alt.
from the Clyde, had • very narrow escape from destruction
daring the voyage. While crossing the Atlantic smoke was
observed miming from the bold, and, as there was • great
quantity of gunpowder on board, the crew noshed to the
boat, with the view of proceeding to a vessel about two
miles off. With much difficulty Captain Rodin succeeded in
inducing them to remain on board and try to put out the
fire. The Ware were then owned, water poured down,
and about 2 000 kegs of gunpowder were thrown overboard.
TM fire was found to have originated in • case of prints,
and to have communicated to a bele of felt which was next
it Not coatest with putting out the Sr., the crew wished
to throw overboard a large quantity of gunpowder that still
remained. This Captain Rodin prevented them from
doing, and the voyage weg prosecuted without further tan-
ImE—Grentock Adrertiser.
EXTZDEOIt OF THE UNDEBAROCND RAILWAY.—
Lent *Folio; • meeting, to take into easeideratioe the best
means of opposing the proposed esteriaima of the Under-
ground Railway from Bakeratreet to Finchley-rod, wan
held in the Eyre Arms Assembly Rooms, St. Johe's-wood.
Mr. Todd occupied the chair. The following resolution
r eseszpoeed by Mr. Shaw : " That in the opinion of this
the contemplated line of railway from the Mary-
klreste-road to St. John's-woad will, if permitted to be
carried oat, entail serious loss, great depreciation of pro-
perty, and in malty tams rail to the inhabitant' of Finch-
ley-road, Park-road, and Upper Baker-street." An amend-
ment was moved by, Mr. Freeth : "That the proposed
eadermemad railway from Baker4trest to • station in the
Finebley-road would be • great public advantage, and •
great public oonveeieese." After • lengthy discussion the
amendment was carried by • large majority, end the pro.
medley terminated.
The entire specie product of the Pacific slope
for 1843, is probably ahead of the previous year from 10
=la gold to 20 per cent. In elver, sad a further
is looked for la 1864.—Amt Francisco paper.
CRYwrAL PALACE.—ONE SHILLINO Day. —TtrED-
DAT, Fan. 2.—Admission, on payment, 580 ; ditto by
season tickets, 413 ; total, 993.