The Express.
London, England, 1864-11-05 00:00:00

COURT OF COMMON PLEAS.—Nov. 4.

Sittiop in Bl4Co*—(Before Lord Chief Justice Ma and
Justices Biles and Keating.)

.-READY( •. THE NORTH EASTERN RAILWAY 0011 PANT-

ACCIDILKT.

This was an action to recover damages for injuries sus-
tained upon the defendants' line, and at the trial, before
R.ron Pitott, at Durham, the verdict was for the
plaintiff for
Mr. M.llisb, q.c.. now moved for a role to eater the
verdict for the defeudants, ur a ooesuit, and stated the fol-
lesrieg circumstances. riot of the defeadarts' line, for-
merly known as the Newcastle and Carlisle Railway, was
one tithe earliest constructed in the country, and although
the traveller along it passoi very beautiful scenery, the rate
of travelling was slow. This was caused by there being
may sharp curves ; and In additioa to this the bridges over
the line were very numerous. He believed that even the
judges had been ",df the line" there. (Laughter.)
Tine Lord Chief Justice said that when he west down to
that part of the country he heard that has predecessors bad
bees uif the line.

Mr. Mellish—The plaintiff was a guard in the service of
the North British Railway Compauy, which shoot tyro
years ago obtained manias powers over the Newcastle laid
Carbide Railway, between Newcastle and Benham. The
plaintiff was travelltug in the course of his duty between
Nem:oaths sod Hezbans, when the train slackened speed
mud was appareutle stopping. Hs leaned out to see what
was the matter, a heti his brad came in collision with a post,
several of his teeth were 'mocked out, and he warn
seriously hurt. The poet formed part of a bridge which
cursed the Stellacolliery line over the defendants' line, and
war in existence before the defendants' line was made. The
carriages which formerly were upon the Newcastle and
Celt is line were some inches narrower thao the cull-
nary curiages, and there was • glass observatory to
prevent theriecusity of the guard putting his heed oat to
look, and iu some of them there were bus to prevent his
doing en. The North British Company ran the ordinary
carriages over this old line. limier these circumstences it
was contended that the defendants were not liable in this
action, iiiasnoich as there war uo oblig►tion upon the owners
of this peculiarly constructed line to alter it to suit the ordi-
nary truism because the North British had obtained running
powers over it, but that, ea the other band, the North Bri-
tish were bound to take the line as it was, and to adapt their
trios to it._

LW* granted.
... NICHOLZ r. PANSTBII62.-BALB OF STOLES GOODS.

Mr. Molter said that the planted! vu a commission
agent at Manchester. and the defendant carried on in
the same city the trade of • job fent dealer,
" fent." being the ends of printed cloth. which
are used to make patchworks. In April last •
person sold to the defendant • quantity of feats, which
were in the scale when the plaiotill came in and purchased
them for 191. Soon after they were delivered it turned out
that they had been stolen, and the thief was convicted. The
defendant had bought the feels innocently from some per.
son connected with the thief. TON plaintiff sued in a local
court to recover the 191. purchase money which he had
paid to the defendant, when • verdict was entered for the
llaintiff, subject to a motion to enter a consult. The
earned counsel now moved accordingly, and submitted to
the court that the plaintiff could not recover, because upon
a sale of eh ittels there was no warranty of title. The same
point was submitted to the judge of the inferior court, who,
j however, thought that, as Missals took place in a shop, there
was by law • warranty.
Itale granted.
NULL r. WHITWORTH.—COTTON CONTRACT.
I

Mr. Brett, 4.C., stated that the plaintiffs were mer-
chants in Loudon, that the defeudants were merchants in
Manchester, sod that both parties were enpgad in the
cotton trade. In October, 1,413, the plaintiffs purchased of
the defeedants 500 bales of cotton at Mid. per pound, to
arrive at Liverpool from Calcutta, the cotton to be taken
from the quay." The ontton arrived, sod the dock com-
pany acted upon a power they had of warelsousiog it, be-
c.mee it bad not been taken away *Wile iv/easy-four
bouts. The platutiffs applied for &delivery order, but norm
was giver until after the cotton had been warehoused. The
defendants after this offered to deliver the cotton at the
"quay weight,' but the plaintiffs declined to accept this
offer, contending that by the °Detract they was entitled to
uke the Conan from the quay. In this state of things the
plaintiffs purchased other cotton in the market at 181, and
sued for the difference between that price sod the contract
price, and recovered, upon this prieciple, a verdict at the
Liverpool &seizes for 2,100/. The present motion was to
reduce the damages, it being animated that even, if the
defendanta were liable, they were not liable to pay the differ-
ence between the contract pries and the market price.
1 Ru!e granted.

COURT OF PROBATE AND DIVORCE.
ov. 4.
(Before the Julie Ordinary.)
LLOYD O. LLOTD.
- ' --

Sarah Williams, a •piaster at some unpronounceable place
is Mootgoeneryshire, died in October, Dun, leaving a will
dated November, 1845. She lefts somber of legacies,
are of which was given to her cousin. Mary LloYd.
daughter of her uncle, Evan Davis, of Gro ; and soother
to her wade, Mary Lloyd, danshter of her uncle Edward
Lloyd. Then she gave the residue of her estate to her exe-
cutors, whom abe nominated aa "the said Mary Lloyd." and
" Evan Lloyd, Gro." the husband of the other Mary Lloyd.
The contention in theca.e was which of the two Mary Lloyds
WWI intended to be executrix. and residuary legates.
Dr. Spiulte appeared for Mary Lloyd, the *piaster, and
Dr. Tristram for Mary Lloyd, the wife of Evan Lloyd, the
other executor.

Sir J. Y. Wilde had no difficulty in deciding in favour of
3fary Lloyd, the spinster, and granted bar probate, with
costa.

STORY APO OTHERS V. HILL.

Dr. Trtatram appeared for the executors. who propounded
the last will of are. Harriette Hill. )1 Winiborse Minster,
Dorait, who died on the 3rd of April. 1563, leaving count-
derotde property, real and pommel. The document before
the court was doted the 31st of °amber, 1859..
There being uo opposition, sad formal proof of the elem.
tip n baying been given,
The court olterted probate.
VINNICOMBE ♦xa RCIOBIY V. 1V.11.E11.

Dr. Ifiddletua and Mr. Sharpe fur ti;-;l;lotiffa ; Dr.
Spinka for the defendaata

TL•itlsiot;tfs,iteexeoutors, propounded the will, exe-
cuted wider a power of Ace Bonny, the wife of a surgeon,
who lately resided in the neighbourhood of Fitzroy-ever,.
TLe delesdaata were her staters, who would be entitled is
the erect of the power baring sever bees executed. The
uuly question was whether the will bad bees made is
azoinleoce with the proveinits of the Walls Act.

If ter hrarorg evidence on the point.
Sir J. P. Wilde decreed probate, all the costs to come ottt
of the estate.

COURT OF BANKRUPTCY.—Nov. 4.
(Before Mr. Itraistrsr Winslow, as Conarniesionee.)
IN RE CHAS. WARBURTON.

The hanliropt. • clerk i• the Custom% residien in Old
Kent road, applied for big discherge from debts of VAX, all
in repiect of accommodation

It appeared that is January last the bankrupt's attention
had been attracted by an advertisement in one of the
' peony papers, in the following term.: Wanted • house-
holder to become surety for a geuileman. The surety to
be at no risk. sod would be perfectly secured from loss by
the advertiaor." This advertisement emanated from •
' person named Johnson, who represented that be an.
carrying on • first-rate business at 3tlisburs•street,
str..i.d..inel ass glen laud agent to the Duke of Newcastle.
The baokropt put himself in communication with this per-
son. and became surety for NUL on having handed to him •
promissory note for 2uo/. accepted by one Brown. who
MO raid to be possessed of property in L►nca-
shire, Wiltshire, and elsewhere. When the bill be-
came due, Brown was nowhere to be found, and
proceediogs were taken against the bankrupt, which ended
in hie corning to thi. wort. It was urged against the bank-
rupt that he had contracted this debt without "reliable
means of payment. and the bankrupt admitted that he had
acted very foolishly.
His Honour granted the order, conditional on the bank.
ropy setting aside 101. a year from his salary Inc five years.

The Union Steam Company's steamer Roman,
sptain Hall, sailed from Southampton yesterdayafternoo;
C..
for the Cape of Good Hope, (slim, at Plymouth. She took
out 42 passengers, 25,0001. is sovereigns, sad a general
. _

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