The Express.
London, England, 1864-10-05 00:00:00

CLERK EN WELL

ACCIDECT ON THE METROPOLITAN NAILINAT.-CALTION TO

_
PERSONS LEAVING • TRAIN IN NOTION.
Mr. Chance Loyd, of 3. St. Martin's-place, Csmden.
street, appeared Wore Mr. Barker to SWIM. • complaint
made by the solicitor of the Metropolitan Railway Com-
pany, which charged him with having, on the 10th of Sep-
tember, unlawfully attempted to leave, and leaving a
certain carriage of the Metropolitan Railway while the train
of which the said carriage formed a part WAS in motion,
contrary to the statute.
The defendant, who appeared very ill from the effects of
the accident, having suffered from coocussion of the brain,
was allowed to be seated daring the proceedings.
Mr. Burchell, solicitor to the company, attended to sup.
port the complaint ; and Mr. Lastoo, barrister, .OPearcd
for the defence... . . . .

Mr. Luton said, before the cue proceeded, he had to
ask for an adjournment of it on account of an action now
pending against the railway company for negligence in this
matter. The application he made was not an unusual One.
as in all cases of this kind, and even where an indictment
was found in • criminal court, and an action was priding,
the hearing of the indictment was postponed. It was not
unusual for railway companies, where they had been guilty
of negligence, and an accident happened, as in this case. to
take out a summons for the purpose of protecting on.
pleasant proceedings being taken against them. He had •
good answer to the case on the merits, but under all the
circumstances he trusted that the magistrate would grant
the adjournment belied asked for. Br adopting such •
coarse neither party would be prejudiced.
Mr. Barbell opposed the application, and maid that he
era- not aware that an action had been brought against the
company in this matter. This be could ay, that on the
last occasion when the case was before this court the wife
of the defendant then asked for an adjourn meat of the
hearer on the ground that her husband was ill in bed. and
produced a surgeon's certificate to the effect that the de-
fendant was unable to leave his bed and was suffering
from concussion of the brain, and then certainly no action
had been brought. As the case had been adjourned at the
request of the defendant he had to ask that the matter
might now begone into.
Mr. Barker said he recollected the cue very well. Oa
that day he had four summoner before him for leaving the
trains on the Metropolitan Railway whilst io motion. In
two of them he inflicted penalties of 10a and costs, and
in the third an alibi was set up and the summons was dis-
missed, and ia the fourth, which was the case now before
him, it was adjourned at the request of the wife. He must
refuse the application and themes must proceed.
Mr. Buchan said in this car he did not propose to ask
for the infliction of a heavy penalty considering the narrow
' escape the defendant had had of his life, but he did wish it
to be known that it was the intention of the company to
proceed in every cams that was brought under their
notice of passengers leaving • train whilst in
motion, and he was instructed to ask that
heavy penalties might be inflicted as a warning to
others. The Metropolitan Railway was solely a passenger
line, and it was for the protection of the presagere them-
selves that he was instructed to adopt this coarse. In this
err the defendant, in leaving • train when in motion, bad
had a narrow escape of his life—in fact it was quite mira-
culous that be had sot been killed on the spot. As it was
he had suffered • great deal, and had been so frightened
that he would, he should think, never again attempt to
leave a train whilst in motion. Passengers could not plead
ignorance that it was against the bye-laws of the company
for them to do so, for it was written up in large bitters at
every station, ad it was also put up in each compartment
of.every carriage that passengers are requested not to leave
the train whilst it is in motion.
Thomas Woodman was the first witness called. He said
—I am statioo•porter at the Kiln's-cross station of the
Metropolitan Railway. Shortly after the arrival of the
11.45 p.m. down train on the night of Saturday, Sept.
10, there would have been a train from oowerstrest
to King's-cross. I recollect the 11.45 pm. train striving,
and I assisted in getting the passengers in and out, and I
saw the doors shut before the train started. I fastened the
doors, and the guard assisted me. After the train was la
motion my attention was called to the defendant who said
he wanted to get out. 1 was close by the door thee, and the
train was actually in morn. I did not open the door, hay
ing closed the door before defendant opened it. I told
him he bad better go on to Gower-rust and come back by
the next train, as it was due immediately. After
I told him, and the train was entering the tunnel,
he opened the door, and the door caught oe the water.
crane of the down platform. The defendant wee knocked
down between it sod the carriage. There is • wood=
tiny outside, and he was carried along on the train,
but I could not say how far. He was staggering, but as the
train was going along he fell down. He was then seven or
eight yards into the tunnel. As soon as the train bad
passed I ran down the line and found tee defeatist lying
oe his back. He was insensible, and I thought he was dead.
I got assistance and got him on to the platform, and as he
was being brought along he gloried. A surgeon came up
and ordered him some brandy. After he had had the bray
he came to himself. I then took hi same sad address.
_

Ms whams having been c►ossexamind, the evideooe of
the guard of the Into sad a passenger was takes.
lir. lA:toe addressed the magistrate in reply, and be
said be should be able to show that there was negligence oa
the part of the company, bat be was stopped by
Mr. Barker, who said the case he had to try was whether
the defendant left the train whilst it was in motion or not.
He should decide that be did, but u the defendant bad
already been severely punished by the accident be bad met
with he should onl► inflict a nominal penalty of la and the
costa. He wished it to be generally known that in all cans
of this sort that were proved he should for the future be
very se►ere, and should indict a seven sad substantial
penalty.
Mr. Bushell add that the company would forego the
costs.