The Express.
London, England, 1862-02-05 00:00:00

THE EXPRESS, WEDNESDAY' EVENING, FEBRUARY 5, 1862.

tab) inulligence.

001JAT Or QUEEN'S BEN
(CH.—FRB. 4.
8116 hip at Nisi Prins at Westminster.—(Before Mr. Studies
Blackburn and a Common jury.)
st. aitnru Ann wiry E. LONDON OC4IIAL OMNIBUS
COMPANT.—ACCIDENT.
This was an action to recover compensation in damps
for bodily injuries sustained by the female plaintiff,
through the alleged negligence of the defendants' servant*.
It had been before tried, but the court had granted a new
trial.
Mr. Huddleston and Mr. Powell were counsel for the
plaintiffs ; and Mr. Hawkins, and Mr. Tindal Atkinson,
and Mr. Gifford for the defendants.
In the mouth of January, 1860, Mrs. Bt. Albyn, the wife
of the operatic singer of that name, travelled by omnibus
I from the Mansion-house to Paddington, and on alighting in
1 Praed-street the vehicle soddenly moved on and she was
thrown violently upon the ground. The injuries she re-
ceived, it was alleged, bad brought on a miscarriage, which
had seriously affected her health. Both Mr. and Mrs. St.
Albyn distinctly swore that they saw the company's Immo
on the apron of the coachman's box, and also the name of
Mr. Church, the secretary, upon the "rocker" under the
body of the omnibus.
For the defence evidence was given to prove that the
omnibus in question did net belong to the defendants, but
to a Mr. Young, who had some omnibuses of the earns
name (the " John Bull") running on the route in opposition
to those of the defendants.
A considerable number of witnesses were examined on
both sides, arid the evidence was of a very conflicting nature.
The jury returned a verdict for the defendant..
At the former trial the verdict was for the plaintiff.

COURT OF COMMON PLEAS.—Fra. 4.
Sittings at Nisi Prins in Middlemx.—{Before Lord Chief
Justice Erie and a Special Jury.)
ISIONT T. TINDALL AND AROTHICR.—PALLDIG THROUOR A
TRAPDOOR.
This was an action against the proprietors of the South
Load°. Music Hall, in the London-road, by the plaintiff,
who had been employed by the waiters of that establah-
ment to assist them by cleaning glasses, to recover damages
for ininries sustained by falling through an open trapdoor.
Mr. D. Seymour and Mr. H. A. Simon appeared for the
' plaintiff ; Mr. Pearce for the defendants.
The accident happened on the night of the Writ Septem-
ber last, and the plaintiff's came was that he passed over the
trapdoor, which was then .but, and that in a few minutes
be returned with the tray of gleams, and the trapdoor
being then open he fell through. He was able to finish his
work that eight, and to continue his work for • week, but
aims then be had been unable to work, end was still an out-
patient at the hospital. The part of his person which was
hurt was his left leg.
Mr. Pearce submitted that there most be a vomit% upon
the authority of "Southgate v. Stanley," in which it was
laid down that no action will lie by a servant against a
master for the act of a fellow-servant.
His Lordship reserved the point for the court.
Ths evidence for the defendants was that Jackson, the
refferania, having to go down for some wine, stationed a
IMAM' to open the trap for him on his return. On his tap-
ping the waiter did open it, and observing the plaintiff
moving towards the holo called out to him to take care,
and be paused for • moment, and then, attemping to step
over the hole, he fell in. There was also plenty of room to
have passed beside the hole if he had thought tit.
'l be jury found for the defendants.
In consequence of an observation by a juryman, Mr.
Pearce said that the defendants had, before the action was
commenced, offered the plaintiff 101., and had subsequently
offered a larger sum ; be was authorised to say that they
would still do something for the plaintiff.

COURT OF EXCREQUER.—Fus. 4.
Sittings in Banco after Term.—(Bafore Lod Chief Baron
Pollock, and Baran Bramwell, Mansell, and Wilde.)

•
1111,1114 V. 13101111.1. IT 010 E.
This case was tried before Mr. Baron Bramwell, whea •
verdict was returned for the plaintiff. The action was for
board, lodging, and maintenance. The plaintiff is a tailor,
and the defendant a publican. The wife of the latter bad
had an attack of delirium tremens., owing, as it WM alleged,
to the unfortunate habit of imtemperance, when the defen-
dant parted from her, making her an allowance of 12caweek.
After residing with her sister for some time, she left to lodge
with the plaintiff, who supplied her with lodging and food,
for which he charged 21. a week, acting under the im-
pression that she was a single woman, and after be had been
told she was • married woman he continued to allow her to
lodge in the house, and continued to supply her with neon-
at the same charges. The witnesses for the defendant
stated that before the wife took to drinking she was "an
nice a woman as ever stood behind • bar."
The defendant contended that he was not liable, as he bad
parted from his wife, and made her a suitable allowance.
The wife said she bad left her husbamrs protection under
the dread of being put into a lunatic asylum.
A rule was granted for • new trial, on the ground of mis-
direction, and that the verdict was against the weight of
evidence.
Mr. G. Denman, Q.C., and Mr. Luton supported the
role ; and Mr. Matthews showed cause against the rule.
The Court made the rule abiolute.

COURT OF BANKRIJPTCY.—Faus. 4.
(Before Mr. Onapnissioner Evans.)
LK RI STUMM, PAUL, AND BATAS.
Thebankrupte were the well-known banker* in the Strand.
This wee a dividend sitting. Dividends of 3s. 2d. in the
pound have been already paid, and the asset, in hand, it is
expected, will yield other lid. in the pound.

IN RE T. N. DAVIS.
The bankrupt was a distiller, of Brantford. This wee the
adiourned examination meeting.
The cans has been frequently before the court. Debts,
upwards of 10,0001.; assets about 1,200/. With a view to
further investigation of the accounts, another adjournment
was ordered.
Mr. Linklater was for the arignees, and Mr. Lawrence
for the bankrupt.
llr RR DURPORD-FIRST OPERATION OF THE 15.3 RD SECTION.
The bankrupt was a livery-stable-keeper and horse-dealer
of St. John's-wooiL This was the sitting for examivation
and discharge.
A creditor, a medical man, applied to the court to assess
the damages', under the 153rd section of the new act, which
he had sustained by the conduct of the bankrupt. The
bankrupt had sold him shores foe 401., giving a warranty ;
ea the very first day the horse fell dead lame, and the
creditor returned him. •
His Honour said he could have no difficulty, in this Noe,
to easering the damages at the full amount, 401. As the
point was a novel one, and this was the first time it had
arisen under the new act, he would request the registrar
(Mr. Roche) to draw op the order in proper form. This was
done, and the claimant waaadmitted to prove for theamount.
Mr. Bargood opposed the bankrupt's passing, on the
pound that he had made away with a pocket-book con-
taining entries of some of his trausactions.
The bankrupt said he had a small pocket-book, but there
won no entries in it. He was willing to produce it.
After hearing Mr. Bagley fur the bankrupt,
His Honour said that things were had enough and cen-
tred enough, but if this sort of thing were permitted, b•
knew not where the confusion was to stop. He would,
however, grant protection fora month ; is the meantime,
the bankrupt must produce the book, and reader a more
satidactory account, if he mold do so.