The Express.
London, England, 1862-08-12 00:00:00

ASSIZE INTELLIGENCE.

ROME CIRCUIT.—GonDroaD, Arocsr 11.
(fl. fine Berm Martin and Special Juries.)

VILLIAIL,ON r. THE LONDON, BILIONTON, AND SOUTH WANT

RAILWAT.

This was a new trial to recover damages from the defend-
ants for injuries sustained by the plaintiff in consequences of
the terrible accident that took place loan excurmou trim io
the CLiyton tunnel, in August last year. The amount of
damages claimed by the plaintiff was 2,0004, and the de-
' &indents raid 400/. into court.
Bernant Shee, Mr. Hawkins, Q.C., and Mr. Butler Rigby
wen commie for the plaintiff ; Mr. Bovill, Q.C., Mr. Lea-
man, 4.C., and Mr. Hansen appeared for the company.
The plaintiff in this action is a young WAD about
twenty-five years of age, and who at the time the
accident ooeuned was in the service of a pianoforte
manufacturer, named Bateman, in London. He and his
brother were in the train when the accident took
place, and theyboth brought actions against the company,
and they were tried at the last March manes at Lewes,
when the company agreed to give the plaintiff's brother
2501. damage, In the case of the plaintiff they paid 400/,
into court, aml in the coune of the trial they offered to
give • further *urn which was not accepted, and on a pro-
position being made and agreed to that the plaintiff should
be examined by a medical gentleman on behalf of the ONO.
limy, that gentleman was examined, and in the result the
*y gave a verdict that the .400/. paid into enact was the.
Went compensation for the injury the plaintiff received,
which was of coons tantamount to • verdict for the &-
fondest*. An application was subsequently made for a
new trial, which was granted, and it appears that the com-
pany then nude an application to the O'Mara attorney
to .lbw the plaintiff to be examined by some eminent
medical men in their behalf to eadeavour to ascertain his
actual 000dition. The plaintiff's attorney consented to
this being done upon the condition that other
eminent medical men might be present at the time the
plaintiff was examined on his behalf, and that whatever the
result of the examination might be the company should pay
all the expenses that were invurrral. The company would
not accede to these terms, and an application was made to
Mr. Justiee Willes to mats an order that the examination
they requured should take place, but that learned judge
refused to make the order, and it was then &immured that
the case should be sent down for trial at these amine.

Mr. &will, when thec;Me;;;;;ille4lOn---appliedto Mr.
Baron Martin to postpone the trial in order to afford an
opportunity for the plaintiff to be examined by some medi-
cal gentleman, whose attendance had been obtained by the
company for that purpose.
Baron Martin said that a sitcilar application had already
been made to Mr. Justice Willea, and refined by him, and
be should not revers* that decision.

The case for the plaintiff was then proceeded with, but
as all the facts were given very fully at the last trial and at
the time the aecident occurred, it will be unnecessary to de-
tail them at any length on the present occasion. It will be
remembered that on the 25th of August in last year three
trains started from Brighton for London, two of which were
excursion trains, and the third the regular train from
Brighton, and it appeared that they were all my much be-
hind at starting ; the one in which the plaintiff and his
brother were, which was an excursion train, being
twenty-five minutes later than the proper time
for starting. Upon arriving at the Claytoo.tunnel,
all the trains came up nearly together, and in consequence
of one of them backing out of the tunnel, a frightful col-
lision took place. by which a great many persona were
and a number of others received serious injury ; and
seventeen actions were disposed of at the March Assizes at
Lewes, arising out of the accident. The case on the part of
the plaintiff was, that in consequence of the accident he
received some severe contusions ; but the most serious
injury of which he complained was alleged to have been
occasioned to the spine, from which be was represented to
lave suffered very severely ever since the accident happened,
and from which. according to the evidence of Dr. Marshall, Dr.
&gaud, Dr. Jones, and other eminent medical men,
it was doubtful whether be would ever recover, end Dr.
Marshall, who appeared to take the most favourable view
of the case, expressed an opinion that, under any circum-
stances, the plaintiff would not be restored to health in less
than five years, and probably longer, and that it would doe'
micessary, to give him a chance of recovery, that be should
sot do work of any kind, and that he should be nursed with
she greatest care and attention. The plaintiff, who appeared
to walk with extreme difficulty, and who stated that he was
suffering great pain. gave evidence as to the accident, and
the consequences that had resulted from it, and although
be was cross-examined at some length by Mr. Bovill,
sabres was elicited that appeared to affect the evidence he
bad given in chief.
Mr. Bovill addressed the jury in an able speech for the
company, who, he said, bad all along been desirous to do
what was right said give full compensation to all the
parties who had suffered by this unfortunate accident ; but
believing that the plaintiff bad in reality not sustained so
nisch injury as was represented, and that the sum they had
Paid into court was an ample compensation for the injury
• had actually received, they felt it to be their duty to
mat what they considered to be an exorbitant demand
that was made upon them.
A number of eminent medical gentlemen, among whom
were Mr. Lawrence, formerly President of the Royal College
.[Surgeons, and senior surgeon of St. Bartholomew's Hos-
pital ; Mr. Hilton, of Guy's Hospital : Mr. Skey, of St.
Bartholomew's Hospital ; Mr. Adams, senior surgeon of the
London Hospital ; and Mr. Hall. a physician practising at
Brighton. the latter of whom saw the plaintiff immediately
after the accident happened, were then examined, and they
stated, that although the spine might have received some
injury, still that it was not of a permanent character, and
they all expressed • positive opinion that in twelve months,
sad probably even is a shorter period, the plaintiff would be
perfectly recovered, and they also said that the satiety
consequent upon an undecided lawsuit, like the one in
which he had been concerned, was very well calcu-
lated to retard his recovery. Mr. Hall also stated that in
January last be met the plaintiff in the King's-road,
Brighton, and that he was walking vigorously and strongly,
as though he was not suffering any pain, and be said that
be took particular noticed him. because he was aware that
he had at this time brought an action against the company,
acid was seeking to recover 500/. damages from them.
The jury retired at 30 minutes to 7 o'clock to consider
their verdict, and in about lye and twenty minutes they
returned into court and gave a verdict for the plaintiff—
damages 1,0341., being 6341. in addition to the stint paid
into court.

(Before Baron Bramwell)
r. NIXON.

This was an action to recover damages for a breach of an
rneut that had been entered into by the defendant,
s7u'm in dispute, as it appeared, being one of about
twenty shillings.
Mr. Laxton was for the plaintiff ; and Serjennt Parry and
Yr. Needham for the defendant.
The plaintiff, it appeared, was the tenant of the defen-
dant, and occupied one of his houses, at a certain rent, with
the understanding that the latter was to pay all rate* and
taxes. It seemed that a sum of fifteen shillings was not
paid for property tax. and the consequence was that a
ensure took place, and the plaintiff had to pay about five
killings expenses, and for this trumpery matter the present
action was brought against the defendant.
Rerjeant Parry, at the close of the case for the plaintiff
submitted that there was nothing to go to the jury, and
that property tax was not one of the taxes included in the
agreement. Re contended that it only applied to the usual
rates, and that the property tax was a tax created by a
special act of parliament, and the plaintiff ought to have
paid it and deducted it from his rent.
Baron Bramwell said he was very glad that he felt himself
*tilled in giving effect to the objection that had been taken
by the learned counsel. It was scandalous nay, almost in-
famous, that such an action should have been brought, and
be was very glad that he was able to say that the plaintiff
could not recover the guinea, which was the whole amount
a dispute, because he was of opinion, that by his agree-
ment he only undertook to pay the usual taxes, and that
property tax was not included in them.
The plaintiff was then nonauited.

MIDLAND CIRCUIT.—WARWICK, Aroma. 11.
atowx Coon.—(Before the Lord Chief Baron Pollock.)