The Express.
London, England, 1863-12-05 00:00:00

KNOX V. GTE.

This =se again cum on upon the question whether the
phintiff should hare leave to amend hui bill in order to set
up a putnership with the defendant, in respect of the in-
terest which the plaintiff took under Ur. Thistlethwaite's
trill. The original case wan that the plaintiff took Thistle-
*mite's interest under • deed, but this was got OM by
W deform raised, which, however. disclosed • will of that
gentleman giving the plaintiff Thistlethwaite's interest
(whatever it might be) in the Italian Opera. It was now
sought to amend the pleadings by alleging the plaintiffs
title under this will.

Th;ViOe-Chancellor was of opinion that it wu not open
So the plaintiff to change his case in the way proposed, by
eineednient. Leave to amend must be refused, bat libel/Sy
seemed to the plaintiff to file another and supplemental
lls~ifhesawfit.

COURT OF QUEEN'S BENCH.—Drx. 4.
After T. Sittings at Nisi Prius at Westminster.—(Befere
Lord Chief Justice Cockburn and a Special Jury.)

SLATHER r. LEE AND ANOTHEZ.
la this sea, which was an action for damages for injury
$s the Deptford Theatre, through the alleged negligence of
the defendants in constructing the main sewer in front of
Sip building, the jury, after being locked up some hour
yesterday, returned a verdict for the defendants.

r. 2111 LONDON GENERAL OMNIBUS COMPAIT
(LOOTED).
This was an action to recover compensation in damages
let a serious injury received through the alleged misconduct
of the defendants' servanta. The defendants pleaded sot
Yr. Serjeant Shea and Mr. Eyre Lloyd were counsel for
the plaintiff ; Mr. Hawkins, Q.C., and Mr. (kind were
Gomel for the defendant~

The plaintiff was a vooet's traveller, earning about 33a.
per week. tin the night of the 17th of March last, about
twenty-five minutes to 11 o'clock, be was about to get into
the defer:ideate' three-hone omnibus, No. 6,377, near the
Cock public-house, Holloway-road, but before he could get
fairly on the step the conductor pulled the bell, the omnibus
moved on, and the plaintiff wu thrown with violence to the
He was picked up by the conductor and helped-by Cad. into the omnibus. He sat down, but the pain was so
great that he was obliged to stand up and remain standing
the remainder of the journey. At_the corm of Agar-street
the c'onlibos conductor lasisteniM Ma, tad placed him
shpt *.e.re of the grocer's shop. He was afterwards
*owned to the C haring•crose Hospital, where he wan operated
ea three or four times under the influence of chloroform,
la ardor to reduce the dislocation of the hip joint. The re-
sult of the accident had been to shorten his left leg nearly
Mx inches. The plaintiff identified the conductor of one of
the defendants' three-horse omnibuses so the conductor
who caused the accident, and be fixed on the 'bus by seeing
it arrive at Cloning-aces one night after he had left the
lospitaL
The defence was that the accident was not canted by the
company's 'boa described, but that it moat ham belonged
to some other person. It wee stated that the company did
not run three-horse 'buses on that part of the road Where
the accident was alleged to have occurred. The service
from the Archway, Highgate, to Westminster, at that
time of night. was by two 'buses—a "Favourite" two-bone
No. 6,377, which ran from the Archway to the Cock
at Highbury where the passengers and plates were trans-
ferred from the two-horse to the three-horse 'bus, by which
they were conveyed to Westminster.
The drivers and cooducton of the two omnibuses num-
bered 6,377, were called (one being the conductor identified
by the plaiotiff), and they swore positively that no accident
took place as described, and further, that if the accident
was occasioned by either of the defendants' vatic:es, it
moat have been by the two-horse 'btu and pot the three-
lane 'has, which did not go so high as the Cock at High-
gate The time of the above 'buses did not tally with the
Lour spoken to by the plaintiff, for the three-horse 'bus
would have arnved at Westminster tear about the time of
the accident at Highgate, but then it woo elicited from see
of the conductors that several such 'buses were running
that night six minute times, sad a strong point was made by
the plaintiff', counsel that other drivers and conductors bad
not been called. It was also urrd on behalf of the
plaintiff that he might have mistaken the exact spot and
tins* where and when he got into the 'bus.
The jury, however, returned a verdict for the plaintiff—
damages, Mr/.

Kr. Justice Blackburn eat in the Bail Coot, and disposed
as ejectment ease, of interest only to the parties con-
sumed.

COURT OF PROBATE AND DIVORCE.
D. 4.
(Before the Judge Ordinary )
CHOiR r. CX& AND CHOOO, 71F10NA24 LVTERVENMG.-
CITRAOILDWART CARE.

After oar report left yesterday,
Sir Juana Vi ibis commented at some length on the evi-
dence, mad
The jury found that the paper writing propounded by the
intemner wu the will of the deceased Harriet Cross.
The court pronounced for the will, and reserved the ques-
tion of caste.

COURT OF BANKATIPTCY.—Dec, 4.
(Before Mr. COMllliilliftle Vane.)
IA VIZ 8•1113111. OOWILL
The bankrupt, better knows an " Sam. Cowell," a ems-
Mst Mixing at several of the music-balls in and sear Lon- '
den, came before the court, by adjourement, tot his last
Immeioation and discharge. He owes about WI. At the
/ant mining he war ordered to file accounts of his receipts
and mpeuditure. The bankrupt now appeared with a huge
white napkin roiled his heed and cheek+ : he seemed to be
suffering from a swollen face, and had altogether a very
cadaverous appearance.
Mr. Begley opposed fora judgment creditor. The leak.
rapt mad* • very lune income, but had made so proposition
to his creditors. though they would hay* been satiated with
• very moderate one. He raked for as adjournment, in
order that the bankrupt, who was unwell, might do so.
Mr. Sargood, for the bankrupt,
said that the wear add
Mar of the life which he was obliged to lead was each that
he oompletely broken up, nod was altogether unfit for
further exertioes. It would only be a graceful thing an the
rot of the creditors to let hint retire into privacy without
leiK farther harassed. His appearance in the box was
wafficiest to show how small were the &soon of his return-
tag to active life; he we, • mere wreck of his former self.
Mr. Bagley said the creditor' only asked for a per cestage
oat et his future earnings. le a few weeks he might be
able to earn 401. or 001. • week ; sad if a man of homier,
be would be glad tamest the views of his creditors.
The Lo' minsaiour— What doss the bankrupt say ? L his
willing I. stake any offer?
The bankrupt said though he bad at me time received
4131. • week from Mr. Mortise, he had Dot recently earned
more ilea 1.21. • week. He had given up all he had to the
creditors, sad be bad brought op a fiundy of Ire children
Out of the 401. which Mr. Moran agreed to pay him
for a few weeks be had ooly reeeived 12/. a week, the
difference Wag kept back to diminiah the debt due to Kr.
Norte°.

His Honour said us should not impose say conditions 111
tla bankrupt, and granted the order of discharge.
(Before Mr. Casasialiosior Halroyd )
10 RN RAMILLZ mon%
The bsakrupt MY a sculptor, at lisyharantrset, Camdeo-
town. This was the sitting far emsmisatiso sad dischsrge.
The bankrupt owes 4,2731.. of which shoat 3,000 i. consists
debts dna wader has hasetvolay