The Express.
London, England, 1862-02-08 00:00:00

COURT OF QUEEN'S BENCH.-FEB. 7.

Sittings at Nisi Prins at Weatruinater.--(Betas Mr. Justice
Blackburn sod a Special Jury.)
ENGLIMII r. NORTH LONDON RAILWAY CONPANT.-101GLISH,
ADMINIATRATOR, T. NORTH LONDON RAILWAY COSIPANT.-

TUE RAILWAY ACCIDENT AT KENTISH TOWS.

In these two actions, which were tried together and by
the same jury, the plaintiff, Mr. Eighth, by trade a
japanner and French polisher, sought to recover compensa-
tion in damages for personal injuries sustained in cense-
queue of the dreadful railway accident at lieutish•town,
onSept. 2, 1861, and also for the loss of his wife, who was
killed on that occasion. The defendants pleaded " not
guilty."
Mr. Serjeant Shoe, Mr. Serjeant Ballantine, Mr. H. F.
Lewis, and Mr. Cooke Evans were counsel for the plaintiff ;
and Mr. Bovill and Mr. J. Brume conducted the defence.
The plaintiff was a second-class passenger in the excursion
train from Kew to Bow, which it will be recollected came on
the day in question in collision with a ballast train, near the
Xentish-town Station. Several carriages were thrown over
the embankment, and many persons killed and seriously
injured. The plaintiff, who was in the first carriage, was
accompanied by his wife, who had a baby, three months old,
in her arms. He heard a crash, and jumped up to look out
of the window, but in another indent the carriage was
lifted up in the air and precipitated below, a distance of
about 20 feet. On recovering his senses he found his wife
on the ground frightfully. mutilated, but still living. The
infaut escaped unhurt, owing, it was supposed, to the mother,
on hearing the collision, heeding herself to protect it front
harm. They were taken to the Free Hospital, where they
received thebenett of all the skill and sitteation of the °Moen
of that institution, but the wife died soon after her &thud-
doo. The plaintiffs injuries were a fractured rib, • rup-
ture of the internal lateral ligament of the knee joint, two
wounds on the forehead, and a serious shock to the nervous
system, which affected his memory and vision. He vir
maiued in the hospital about six weeks, and had since been
unable to follow his occupation. From the wound on the
knee he was unable to use the leg, and he appeared in the
witness-box with crutches. He was 45 years old, and his
wife, at the time of her death, 43; and his earnings
amounted to more than 200/. a year. He bad, besides the
infant, six children, whose respective ages were 22, 19, 14,
13, G, and 4 years.
The medical evidence adduced on the part of the plaintiff
went to show that then was a strong probability of his
complete recovery within a year and • half or two years.
tio evidence was given on behalf of the defence, but
Mr. Bovill addressed the jury in mitigation of damages.
With regard to the wife, be fully admitted the serious loam
which her husband and young family had sustained by her
death, but, as she earned nothing and possessed no moose,
he contended they had not suffered " pecuniary loss," for
which alone the set provided that compensation should be
given.
Mr. Justice Blackburn, in summing up, said with respect
to the second action, that he was bound by a decision of the
judges, in a aloe tried before Lord Wensleydale, to tell the
jury that in estimating the damages they must not consider
the distress of mind and grief of the husband and children,
but ascertain what pecuniary lass they had suffered by the
death of the wife, aid apportion, the amount among them.
The jury retired, lad alter being locked up two hours it
was ialionewei Wad Minn was a difference of opinion
amowili SSW and sr Amos of their agreeing to a verdict.
A discussion lbw lea plan between the learned counsel
on both sides, whit mill is ma arrangement to discharge
the jury en the paymest d by the company, 1,0001.
for the plaintiff and lON. Mr be divided amongst the Ave
children.