The Express.
London, England, 1865-11-25 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Beton the Lord Chancellor.)
CILIUM V. CLAM —JUDGMENT.
as an appeal from Vice-Chancellor Wend,
leg
Cu
ed a few shush:mu. The bill was bleu by sh
of a house 27, Park-steest, Bristol, to restrain fist
sr of No. 28 next door, from eluting or rionttehiot
php eertein build; In his garden inteuded fu
~.9hicsj porpoise, on the ground that they jaw.
;Web the stormed of ancient light and air by the
iff. The Vice.Cbanoellor having granted an ypiwx.
his appeal wu brought.
Amphlett and Mr. T. H. Terrell were for the a
G. N. °dud and Mr. Everett supported tae sow.
Lord Chancellor, in now giving judgment, said Litt t
tuition involved in this ease Ma always ohs sf
sod difficult to deal with, and an opinion could
formed on the Buda' facts of each cue ae h
Persons who lived in large cities, which pore
s in conies of extension, and IR which Dew build;
dually being erected, could not expect to Intel,-
. enjoymeat of light sod sir to which they 44
accustomed, in the same manner se than ph,
d in the country. The present cue must be dwi
in the evidence, and on a fall examination of that 1,
e
it opinion that the plaintiff was not entitled m the,,
;lion which he sought, and therefore the decides of
rt below must be reversed and the bill duni,eph
Faits.
TTORNET-G EN "PAL P. GRAMM—OFFICIAL ASSIGNER;
IN BANKRUPTCY.
SFr in this Pert-heard Mee, • report of
ILP in the Express of Thursday, were ra.
he question involved is whether official assigem
kruptcy are entitled to receive fees in am,
than those which have arisen under the
iptcy Act of 1861. by which thou functiourin
numerated by salary Instead of b 7
.fees calculated re
„thin pez nestage under the provisions of the scud
land 1654. Mr. Graham, the official assignee tie thus
'rage, maintains that he is entitled to certain sunk
Eli
ting to about 2,0001. which he has retained en use
that they are fess arising out of " old auto," the
lags with which in bankruptcy were began under the
of 1849 and 1854, sad were not administered node
tot of 1861.
le Attorney-General, Mr. &aims], and Mr. M. B.
appeared in support of a motion on the relation al
isf registrar in bankruptcy, calling on Mr. Graham to
over the, sums in question to the accountant of the

H. Oaken sad Mr. Begley oe the other side.
[The owe was proceeding when our report let. J

BROMPTON COUNTY COURT.
STRATFORD r. CHARTERS.—TEII LAW OF RUSBAND AND
WIFE.—A CI 51005 CASE.
The plaintiff in this cue was a baker at Brompton. and
ma the defendant, a jeweller at Oxford, and at Hyde.,
is the Isis of Wight. for necessaries to the extent of
V. 18s. supplied to defendant's wife living at Bromp-
log. The plaintiff in person proved the delivery
of rode, bread, bacon, dcz., to the wife of defendant, and
siother tradesman, named Bagsett, proved that the lady
la question had represented herself to plaintiff as well as to
hinwar u being the wife of the defendant, and that he
rods her no allowance, and also that there had been no
ssisouduct on her part. It may be stated that this Lotion
was one out of many Involving amounts up to 2001.
The judge (Sir Bardley Wilmot) called for the marriage

_
sertificete.
Mr. Merrimac, of the firm of Merriman and Buck
land,
akafters, who appeared for the defeodant, maid be would
admit the covervire and acknowledge that the defendant
yes the husband of the lady. He contended that the
defsedant bad no cue to answer. It was for the plaintiff
to obey that she wee living apart from her husband, and
081 she had at least some implied authority to pledge his
malt.
His Honour thought otherwise.
The defendant's solicitor said he relied upon the autho-
rity of several cases which he would refer to to prove hie
cam He quoted Bright on the law of Husband and
area, "Raymond's Repot*" and " Smith's Loading
calms, to show that the onus of proof se to a wife's
authority to pledge her husband's credit rested with the
eleistiff. The same decision was held by Chief Justice
Holt, and also by Mr. Justice Willie and 11r. Justice
Liatise," the editors of " Smith's Leading Cases," to
"high be referred. After a long and able argument,
Hemmen then put
The defendant into the boa, who stated that his wife had
left him for reasons given in a letter, which was produced.
Hs stated that she left him "because she did not owe him,
although he tad treated her with great kindnem, for which
• was very grateful."
The Judge said the defendant was entitled to a verdict
es this evidence, and there was no imputation on the che-
wier of defendant's wile, but she having left her husband
vithoat consent the plaintiff could not recover.
Judgment was given for the defendant, sod he was allowed
mete.

COURT OF EXCHEQUER.
in Beasom—(Before Lord Chief Boron Pollock. tad
Barons Bramwell, ChanneU, and Pigott.)
eaftif r. THE LONDON, BRIGHTON, AND SOUTH COASt
RAILWAY COMPANT.—JUDOSTRITT.
tie was an action to recover compensation in damage
the death of the plaintiff's husband, who wee killed by
express train as he was passing over a level crosass as
defendants milers, at the Portals/le station henna;
ighten and Worthiog. It appears that at the
rico there is both a carriage way end 6
t path soros the line, and the deceased, riadiai
gatea of them former
on the opeo,
plateatform of sed throthe stance
ugh them,
i had just got e foot
the opposite side, when he was caught by the buffer at
• and ardently lost his life At the trial Mfas
i Lord MI Baron, at Guildhall, the jury found a fa-
it for the plaintiff ; but subsequently a rule to set aide
il verdict and for a new trial was granted, and it was
ed at considerable length during the peanut term.
r. Baron Chemical now said that the Lord Chief Bunn, I
Baron Pigott, and himself (Air. Bares Bramwell wan
f.
present at the arguments, and took no part inub
tlete4
d
sat) were of opinion that the role should be •
is rule hail bees obtained on several grounds, the princiral
Ng that the verdict was against
the efideuss, that tie
Aced had contributed to the accident by his own :ea.
lOC and that the learned judge should have diawtod a
lid for the &deaden* or withdrawn the CADS entirely
the jury. Their lordships thought there was so
for disturbing the verdict upon those grounds. The
...e of the company required the gates of the carrier" way
Ibe kept 'hut except at times when they could be eddy
SW open, and there was a provision to the effect
t before the gate was opened the gateman must
lead to see that so train was doe or is
t. The view the court was disposed to take was this—
etThe the gate was open it was a kind of invitation to
oota poseesgers to mon over, and that the fact of its being
was an amount of negligence which ought not to have
-ni withheld from the jury. They, however, adopted
ae principle laid down by Chief Justice Erie
ga a somewhat similar ease, that the court ought
'rot to impose on railway companies a *ram
ardor than the legislature intended them to tear,
ad they did sot say that a railway company was boned to
'lace a watchman at every level crossing for foot pane:-
gam Their duty in that respect would depend upon the
extent of the traffic at the point, lied other circumstances,
and if an act of parliament authorised them to maks a rail.
way over, and oe slava with, old carriage waysand footpaths
it did not exempt them from their liability to take ordi.
nary cue in the management of the line. Their lowish*
were of opinion that the Lord Chief Baron could not pro-
perly have withdrawn the case from the jury, and they
'were not so dinatisfied with the conclusion arrived at by
the jury as to feel justified in interfering with their verdict.
The Lord Chief Heron entirely concurred with what had
fallen from his brother Chanaell. At the trial het ought
he could not withhold from the jury the ce of
negligence on the part of the company with reference to
the opening of then ompany's gates at the carriage way. It
seemed to have been admitted that if the accident had sires
in connexion with some carriage or other vehicle nodal
over the level croniog, there would have been a just growl
of complaint, but it was contended that because the
deceased was a foot passenger he had so right to
avail himself of the invitation given by the gate boar
open. By the rules of the company a man ought to be at the
gate before the passing of a train, and the reason one wu not
there at the time of the occurrence wa i that the f
sametic& pee
eon had occasionally to perform the duties both o sta
muter and gatemen. The deceased not seeing a gateman
might natully conclude that BO train Was expected. IT:
lordship, inc
onclusion, mid he was not himself damn"
with the verdict of the jury.
Role disharged.
GORDON AND ANOTHER O. THE VESTRY OF ST. millts,'l,
WESTMINSTER.
This was an action brought by the plaintiffs, Wine DISP
(Manta in Argyll-street, Regent-street, to mover durnes
for injury dose to a large quantity of wire SI
their collars, in consequence, as they allege, GV
the imperfect coostructim of a gully cosd:octal
with a drinking fountain erected by the Dmitillf
Fountains Association, under the superintendence of
.1'
surveyor of the defendants. The case came co foe tag
before Mr. Baron Martin, when a verdicts, as y
found, bno
seat, for the plaintiffs, subject to a speci case to be stated
for the opinion of this court. The matter was argued bit
week. The court reserved their judgment.
The Lord Chief Baron, in sow giving judgment, said the
court bad, at the cooclusion of the arguments. Itiffritid_
that judgment should be given for the &Madan* or sm'
the plaintiff should be nonsuited, so as to enable them, A
they liked, to bring a fresh action. It, however, traded
that the plaintiffs ware too late to being another action. Tie
court DOW thought that judgment should be for the defend:
ants. They were of opinion that there was no evtdoses 11
negligence, and that therefore the plaintiffs were set
entitled to recover, but the plaintiffs, if they thought its
might take the case to a Court of Error.
Judgment foe the defendants.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
GAVARON T. GAVARON ANL) COUCHOIS, TUE OEO'B
PROCTOR INTERvENING.
The Solicitor•Geaeral end 1)r. Spinks, for the (4201.8
Proctor; Mr. G. Brown sod Mr. E. Lloyd WOW
petitioner.
Last year Charles Vieoeut Gevaron, of Clifford'eas,ls6,,. '
Cooed for adivorce on the ground of his wife's adultere l'iw 6
Frenchman, limed Jules Coucbois. The respondent dialog
appear, bat the ce-respondeut did, and the result of the
trial was the granting of a decree nisi. The Quo"
Proctor now intervened, and alleged that for man, 1001
past GraTlaoll had himself been living in adulterY witk a
woman at his chbers.
The case havingambeen imply proved by the evidence at
porters and laundresses from Cliff ord'atun,
The jury toned for the crown.
Mr. Brown then argued that under the words o
MN.'
f the r_i_ll;
tote, the Queen's Proctor having alleged tollualetb !I:
bawling failed to prove it, the decree Dili ought to be
I absolute, notwithstendiog the verdict just given. ~....A....
fecdSir J
drawn, b Wiut lde
the saidpoint now raise that the statud
had already ar.
te was VW
yb.
decided. He therefore refused the decree nig, aDd
ie petition.

unwed. Om

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
Uas c. DI;bOI3.—XADAME VALENTIN AGAIIC ~
This hukrupt, a Intrichmen.was described as ci IC
street, Tottenourt-road, and formerly of 125, t.', r....
Portlandetreet, commirioe agent. He applied to .._:-.4
e sued from prison where be was detained at the sof, ~
Madame Valentin, of 30. Clavertonetrest, Pimlico. ow'
Mr. Brunel. The debts are about 1,6001., Madame Wags
,bee being a creditor for Kill. The bankrupt states that big
in mute amount to 1,5001.,beiog the estimated value a oho°
In the Tamme Railway Company.
bee Mr. R. Griffith" opposed on behalf of Madame Valentbla
re
n and Mr. Reed also opposed for Mr. Bru interlooter.
nel.
lge, i The bankrupt wee examined, through an li
th share&
the some length, with reference to his dealing! In „„,,, a
It woe alleged that the bankrupt had obtamed 2....i00r.; is
' Madame Valentin's money for the purfetoo of ial"'"'"ths
' hall ill shams, and had not done so, but this was dealed by _A
ester. bankrupt, who said that be bad purchued the shares of,
lit the handed them to a Dr. Lodioski. He did net Wen
tiler
Dr. Lodinaki'm address, but believed be had go" W A.,..e2
red in &aria.. It also transpired that the bankrupts real 0.71
sir to was Cope, but he said be
wane under the too°
Dubois, Lad that his debts Contracted is that woo.'

THE EX.

Kir 801010 expreseed an *Dion that the real name of • afreamest hoar*, arid mum for his party's supper. .
A. bokropt °night tabs stated in the petition. He did sot Sanaa Fisher roseeeded bi ►ppreh►ndmi the prisoner,
;Soder that the description sufficiently idatified the bank- who. ow Wog WM the cheep him. denied all know •
__., and • proper ootificatioo of the bankrupt's real lake of the robbery, bat on searched 31. in gold sod
reixemibi to b. it., tO indium through the Gwen,. 10n in silver was toned In one his boar, and be was
Mr. Griffiths said Lh•t the petition mien so doubt to be aim found to be wearies sa imitation cold
waded. guard and watch. The risme( was then taken into
The commissioer, at this stage of the inquiry, suggested custody, and from inquiries subsequently made by Sergeant
mit the better coulee would be to oanarte tire examine. Fisher it was found that with one person he had left
ties before the Regintar, ss it would be roommoaanient to a
Pair of tamers, three Basel drawers, four shirts.
take the widow,. iineately. yaw. ill the eheutnitaeiee, two blue guernseys, two pair of ornaments, two neck
towever,.he thought that
'ssuffioie ground had been shown marres. three apes, • quarter of a pound of tobacco,
gee delaying the bankrupt release, which would steed over ea album. • sovereign, and several other articles, the
sea after the meeting for choiceof assignee& • proceeds of the robbery. At another person's house the
The examination wee then °aniseed before Mr. Registrar Prieooer, had left • quantity of eau de Wogee, siesoce of
geivay, sod sr the sitting was a private one the pass did , lareaderr fancy NAM a model of a boat he had Pur•
sot attend. dared at the lodustria Exhibition now being hell
--- . in (Irseowich Hospital, and part of a bottle of whiskey,
and also part of a bads of rum, and ►t ► third per-
soe's house he was also found to have left a quantity of
new clothing, whilst by • yoneger brother he bad sent a
sovereign as a gift, to his mother. To • tradesman at
Greenwich the prima had paid 31. (since returned
to the police) for a snit of black clothes for himself.

,
and two Wahl snit., one of which suits he bed
promised to • coaspanims, and on the morning prior to
being apprehended be had paid as. at • ooffte-ebop for
beselfacts, consisting of has and bacon, for himself and
°then, is baying neteentheir intention of spending the
evening together at the theatre in London.
The prisoner, who had nothing to say to the charge, was

SHOCKING DEATH Ar THE CHARTERED
GAS WORKS.

Mr. St. Clair Bedford, the Coroner for Went- U.
!Mester, held an inquiry last eight relative to the death, on
the peonies' of the Chartered Gas Works, Horeeferry-road,
of William Yates, aged 49 years. dt.
which
The jury having viewed the body of the deceased. St.
was f righthdly burnt and °barred, proceeded to inspect the 5
pa works, what, be methis denth. The Boons which was ;,.•
presented was of a very novel and striking character. A is.
regular little town of furnaces and gasholders extended St.
over • considerable area. The atmosphere of the retort- St.
houses was, as might be expected, unbearably
hot and stifling, and the men, some hundreds of tt-
whom ere employed by the oempeay, performed theirlabonr
it
is many instances naked from the waist up, and without it.
shoes ce stockings. It wee stated that the men were to • Si.
certain extent liable to yield to the influence of the great hest at.
sad drink enormous quantitate of beer. But anyone die-
covered to be in the slightest degree under the influence of ft.
liquor is, for the general safety, instantly sent off the A.
winless.
The deceased man, William Yates, was, it appeared, • st.
bricklayses labourer, employed on the premises. On Mon- St.
day last at dieser time he was found lying drunk, by • man st-,
named Tower, on the top of one of the retorts. Tower
showed him out of the premises as far as the gate, o
and then west into the timekeeper's house to report t
toe
the fact. Yates took that opportunity, however, to it.
slip back and lie down again on the top of a
retort. The top of the retort was covered with hot ashes, St-
and sparks from the retort pipes keep falling ooetinnally on 2
it. After the deceased had been some four hours on this 1.71;1
spot • boy named Cook by chance discovered him there. He ss,
was quite dead, and was in fact roasted, his body being ito
covered by hot ashes which had fallen on him in the form of St.
sparks. PA.
Mr. G. Pears., surgeon to the Chartered Gas Company, It.
said that the deceased was found lying ou his hack with hie to
hands extended. His limbs were contracted, and his aide, A
bands, face, and nose shockingly burnt. Witness believed ln
that the deceased had become suffocated by the fumes of to
carbonic acid gas when be lay down to sleep off the effects to
of his drunksenees, and had so lost his kite. at.
Mr. George Truly, superintendent of the gas works, said A.
that the deceased had no business whatever sear the retort sg,
No. 3, set 38. There were about GOO men employed on the sa
St

works Bi
The coroner, in summing up, said that it was distreasing
to see. am the jury had an oppoetanity of observing, the
extraordinary lives which our fellow.creatures were pulsing r,
in order that oar our comfort" might be added to. ft wu
depressing to consider that there were similar scrims
Ii
not only at the other metropolitan ps wicks, but all over
the kingdom, and in the iron district'.
The jury retuned a verdict of "Accideutal death."

ALLEGED FRAUDS
HENSION. BY A SURGEON.-HIS
APPRE

Last night Thompson Whalley, ILD., of Mir-
field, was apprehended on &charge of defratutiog the Britiali
Prudential insurance Company, sod lodged in Dewsbury
police-station. An inquest wu held at Mirfield on Tuesday d it
night, one the body of Hannah Hepworth, who bast
been a patient of the dodoes, at which it was elicited that St
her life had been insured by him without the knowledge _2°
of her relation, and that, in fact, he bad corn- rui
milted a direct fraud upon the insurance company. The 1.0
manner in which the company was being wronged wu by too
representing Hannah Hepworth. in August last, whew the tin
proposal for insurance wu made, ss being a healthy par. 100
mak when, in fact, she was suffering from an incurable .10)„.
disease, and by resuming es the cause of death, "Two
weeks' levy:, two weeks enteritis,"when she was
carried off by malignant disease of the rectum— St.
the disease braes caner. Superintendent Martin, of 20
Dewsbury, communicated with the director' of the incur- 20
um company, and they sect down a representative to aid !L.
him in making jnyeatiptione,wheu it was found that the
life of one Law Walker, of ?airfield. a patient of the doctor's, 201
bad been issued by him without his knowledge or con- so
sent, or that of his relatives. This man lies very ill, and tOOOO
he was is a delicate state of health when the assurance t
was effected. it was also ascertained that the British Y.
Nation Assurance Company,for which het the
medical
referee, had been victimised—he having certified that
another of his patients,the wife of a coach-builder re-
siding in Huddersfield, was of good health, when ahe was
quite the reverse, The company granted a policy upon his
certificate, the amount being for 1,0001. Yesterday
(Friday) Mr. Dewey, of the British Prudential Office,applied
to the sitting magistrate at the Dewsbury Court-honee for a
warrant for the apprehension of Dr. Whalley, and it having
been granted, Inspector Parker was despatched to Mirfield
to take him into custody. This he did, sad abaut i o'clock
he was placed in the police station as above stated. The
affair has caused a great deal of excitement is Mirfield Lod
Dewsbury, where Dr. Whalley was of course well known.

LAW INTELLIGENCE. Hie Hosour •
do bailkrapt el
(THIS DAY.) ecosider that 81
--is— opt, end a IP
gime etlibi to I
EQUITY COURT. At. Griffiths
(Before the Lord Chancellor.) wooded.
Commie
V. CLAIM—JUDGMENT. The
was an appeal from Vice-Chancellor Wend that the better
•ed a few -days slow. The bill was woo Wend, raj 'Li ties before the
of a h 27, Perk-street, Bristol, to TIMM +l._-"" take the wide'
.of No. • next door, from erecting era..„.... however, he th
up certain ••p in his puke inseraewt, Ice delaying ill
• Meal purpowee, on the ground that they sof sstal after the
*th the enjoyment of ancient light and air•bi7l: The examine
• . The Vire-Chancellor having granted Lio toiluz Murra/. and 11
• iS appeal was brought. es attend.
Amphlett and Mr. T. H. Terrell were for the sod
G. AL °deed and Mr. Everett supported tueso.'" BBC
Lord Chancellor, in now giving judgment, said ,hit
elltAtrOND ,
nation involved in this case war always 0..71
. and difficult to deal with, end an opin' a e.5„,,,"' The plaintii
• • formed on the spedal facts of each el --"e be sued the d
Persons who lived in large cities, which se 6 is the Isle a
sin course of extension, and in which new h • !we 21. 18e. suppl
•. , toe. The D
tinlly bein erected, could not ext rms.
.• ennajoymentg of light and air to which ,
obey obey 7Z oy goods, brio
accustomed, in the same manner se those smother trade
-• in the country. The present eau must be a.z-, is question ha
• • the evidence, and on a fall examination of Air" himself se be
opinion that the plaintiff was not entitled to be mode her no e
• ton which he nought, and therefore the decide theoe eisconduet m
• • below mast be reversed and the bill demised son ONO out
..
O. The judge (
TTOIINET•GENERAL r. GRAHAM. OFFICIAL ASSICNus fletilkeite.
IN BANKRUPTCY, Mr. Merrill
. apts in this part-heard case, • revert , sOliatOrs, soh
ap in the Expreus of Thursday, were M admit the eel
• . he question involved is whether official aseigo,;
• ruptcy are entitled to receive fees '
IR caws
than those which have arisen ends too weastiedwthe
thushil
to Wow that
ptcy Act of 1861, by which those ft:maims, YU the had
. eeerated by salary instead of by
.feee calculated eredit.
Asia pee sump under the proons of the act." His Besot
el
and 1654. Mr. Graham, the official assignee s ohms The deism
'up, maintains that he is entitled to osrtai sum, gity of scree
• .ting to about 2,0001. which he has retains: tioi rus.
~Ile q
• 1 that they are feu arising out of " old estatee," the Wife, o" It
p with which in bankruptcy were began under So Cum to
of 1849 and 1854, and were not adosinietered nude setherity te
•t of 1861. tiff. T
• Attorsiey-.General, Mr. Sargood, and Mr. B. B. Holt, sod I
appeared in support of a motion on the relation ei UMW.*
~ f registrar in bankruptcy, calling on Mr. Graham to rebieb he re
over the, sums in queetoon to the accountant of rbo ‘ Jr. Herr
The defog
• H. Cairns and Mr. Bagley on the other side. left him for
(The ease was proceeding when our report left.) ' Hs stated tl
- - although he
COURT OF EXCHEQUER. she wee ver
The Jodg
• • in Button.—(flefore Lord Chief Boren Polices, at , os this esid
limo Bramwell, Chem:tell, and Pigott.) recta of di
AFL= r. THE LONDON, BRIGHTON, AND SOUTH COASw without one
MAMMAS COMPANY.—JUDGMENT. Judgmen
• is was an action to recover compensation in dump eats.
the death of the plaintiff's husband, who wee killed by
pries train as be wan posing over • level mossier i
re
defendants' railway at the Yo over
station biters
Men sad Worthing. It appears that at tho
•. • there is both • carriage way and o
path seems the line, and the deemed, mg*
gates of the former open, poised through then,
• had just got we foot on the platform of the states
the opposite side, when he was caught by the buffer of Jana 1
and instantly lost his life. At the trial beta" before Ald
Lord Chief Baron, at Guildhall, the jury found a ea-
live cam
for the plaintiff; but subsequently a rule to set wide
be propel
verdict and for a new trial was granted, and it vas his muter
ed at considerable length during the present term. Mr. Coo
r. Baron Cll=ll4ll now said that the Lord Chief Been,
. Baron Pigott, and himself (Mr. Bares Bramwell was Phillips, •
prompt at the arguments, and took no part rod= fer the pr
The me
•t) were of opinion that the rule should be •
.01116 bad bees obtained on several gr ounds, the priecirel was only
said to 1
• that the verdict was evilest the evidence, that the
. sed had contributed to the accident by his owe oegli. Mewed'
• , and that the learned judge should lase diskted a connnay
meet in
„.. for the defendants, or withdrawn the can entirely Owed i
•.• the jury. Their lordship thought there woe so !cation
•• • for disturbing the verdict upon those grounds. The received •
• of the company required the gates of the carriage ley The prier
• be kept shut except at times when they could be safely Friday
.1 open, and there was a provision to the egad charged
• before the gate wan opened the gateman must defraud
sod to see that so train was doe or is =brute
- •t. The view the court was disposed to take was this— out to p
t if the gate was open it was a kind of invitation to ecuiden
cot plungers to cross over, and that the fact of its being kept bac
• • was an amount of negligence which ought not to have The re
ii withheld from the jury. They, however, adopted
principle laid down by Chief Justice Is
• • somewhat similar ease, that the wort ought Assam
•• t to impose on railway companies a burden
Freda
._„, than the legislature istended them to bear, well W
're they did not my that a railway company was boned to James C
lace a watchman at every level crossing for foot puner ortablisl
Their duty in that respect would depend upon the The 1
Stu to
extent of the traffic at the point, and other circumstances,
and if an act of parliament authorised them to maks a rail. Correct
way over, and on sieve' with, old carriage waysand footpaths la the
it did not exempt them from their liability to take ordi. work, a
nary care in the management of the line. Their Icedehips threw i
were of opinion that the Lord Chief Baron could not pro- threw 1
jowly have withdrawn the ease from the jury, and they with
set th
were not so dimatisfled with the conclusion arrived at by sal
the jury as to feel justified in interfering with their verdict. parasol
The Lord Chief Baron entirely concurred with what had proven
fallen from his brother ChanaelL At the trial het ought us re
he could not withhold from the jury the ce of bad be
negligence on the part of the company with reference to (Mr. 1
the opening of then ompeny's gates at the carriage way. It Be he
seemed to have been admitted that if the accident had Wese Wadi
in connexion with some carriage or other vehicle passing medal
over the level croasiog, there would have been a just Fund house
of complaint, but it was contended that because the maul
deceased was a foot passenger he had no right to The
avail himself of the invitation given by the gate being and t
open. By the rules of the company a man ought to be at
ne the wive I
gate before the passing of • train, and the reason one was t Mr.
there et the time of the occurrence we i that the same pee felloo
eon had occasionally to perform the duties both of statics. e e
1 master end gateman. The deceased not seeing p a eruses Heel
might naturally conclude that DO train was expected. Ilia mom
lordship, in conclusion, said he was not himself dined* Tfi
with the verdict of the jury. nap
Rale disherged.
GORDON AND ANOTHER O. THE VESTRY OF IT. JAMER,4
W
WESTMINSTER.
This was an action brought by the plaintiffs, wine IMP neck
chants, in Argyll-skeet, ltegent-strest, to Mover dumps Mill
for injury done to a large quantity of wise a see,
their collars, in consequence, as they alleged, el is
the imperfect coostructim of a gully cossetted aM,
with a dnoking fountain erected by the Drink* sod
Fountains Asemation, under the superintendence of, a Vie
surveyor of the defendants. The ease risme tio foe trill for I
before Mr. Baron Martin, when a verdict was found, by
st ated Me Be
Besent, for the plaintiffs, subject to a special ease to be
for the opinion of this court. The matter was argued het bet
week. The court reserved their judgment. C
The Lord Chief BUDD, in now giving judgment, --:__„.., had
court bad, at the conclusion of the arguments. sult_do
ewee for
. that judgment Would be given for the defendante, or
ikaS.
the plaintiff should be nonsuited, so as to enable tbsm, n fen
they liked, to being a fresh action. It, however, tuna/Jew ref
' that the plaintiffs were too late to briog mother action. •IV we
e wart DOW thought that judgment should be for the detail; el
ants. They were of opinion that there was DO evideses if be
negligence, and that therefore the plaintiffs were "
es.
th
entitled to recover, but the plaintiffs, if they thought
• might take the case to a Court of Et-tor.
m•• Judgment foe the defendants. •
--- rn
COURT OF PROBATE AND DIVORCE. to
,f (Before the Judge Outman.)
,e GAVARON T. GAVARON ANDCOUCHOIII, THE GEEOB
. 1,1
PROCTOR INTERVENING. 0,
The Solicitor-Geaeral end Dr. Spinks, for the gain; _ll
. e Proctor ; Mr. G. Brown and Mr. E. Lloyd Kit WE 11
. petitioner. a
• Last year Charles Vincent Gaveron, of Clifford's-inn, p_i!;
Cooed for adivorce on the ground of hie wife's adultere 0.1,w I
Frenchmen, named Jules Conctiois. The rupee:dui do*lify
Of appear, bat the correspondent did, and the result of sir i
, trial was the granting of a decree nisi. The Qewm',:
lis Proctor now intervened, and alleged that for many 7
a e
past Gavaron had himself been living in adulterY wi
Y woman at his chambers. i
'• The case having been amply proved by the evidonee A i
to porters and laundresses from Cliff ord'•-inn,
„ The jury found for the crown.
Mr. Brown then argued that under the words of ths Id•-_,
tote, the Queen's Proctor haying alleged colluaiewi r,...
. i basun failed to prove it, the decree Dili ought to be tee.•
the I absolute, not withatendiog the verdict just given.
by i
r_ Sir Jes
brut said that the statute was
eedy draamwnthe point now raised had already au•
H. decided. He therefore refused the decree nisi, en"
the mired the petition.
COURT OF BANKRUPTCY.
to (Before Mr. Commissioner Winslow.)
IN ag C. DI;BOIS. —MADAME VALENTIN AGAIN.
....g.
'Di' This bookrupt, a Frenchman.was described " d I'r.F."-....1.
street, Totten.riourt-road, end formerly of 12A, "-
rai r-
ion Portland-street. commission agent. He applied so r::,..t
D. a • leased from prison where he was detained at the OL; a
. Madame Valwtio, of 30, Claverton•street. Pimlico. "...._.g.
Mr. Brunel. The debts are about 1,6001., Madame Cairn:
.ber being a creditor for 8411. The bankrupt states thaLreol
, in assets amount to I,sool..beteg the estimated vase d
the Tamme Railwa
' in
Mr. R. GrGriffithsopposedy onCompany. behalf of Madame Videeth•
been and Mr. Reed alio opposed for Mr. Bruneh. og
lege, i The bankrupt was examined, through an interpreter
the some length, with reference to his dealing! with 11,X7r
It was alleged that the bankrupt had obtamed S.
..,w,'" is
' Madame Veleetin's money for the puremee of tarsi
hall ie auras, and had not done so, bat this was deeied by _A
ester, bankrupt, who said that he had purchased
the Wares.
_Tv;
oho, handed them to a l)r. Lodioski. He did net now •Aloo.
~. Dr. Lodineki'm address, but believed be had ffoe• •• owe
' "" eadria. It also tranepired that the bankrupt.. real
• ' to was Cops, but he said be had gone under the name
Dubois, and that Ids debts were contracted fa that mows'
i
I