The Express.
London, England, 1853-07-04 00:00:00

THE EXPRESS, MONDAY EVENING, JULY 4,

plbintiff; Mr. Sejeant Wilkins and Mr. Willes were for
the de feadant.

Mr. E. James said that the plaintiff in this case was Mrs.
E A—Bowden, a lady 66 years of age. and that the real de-
fondants were the Great Western Railway Company, to
whom Mr. Waterman. the well known carrier, had disposed
rof his business. Upon the 23rd of October last,
Mrs. Bowden was creating over the roadway of
Southamptonditreet, Mornangton-crescent, whea •
large carrier's Mt belonging to the defendant, sud-
denly came round the corner, and so great was the velocity
at which it was going, that before able could get out of the
wee, she was knocked down, and the calf of her leg
sioleutly injured. The result of the accident was
thiA most probably the plaintiff would be crippled
during the remainder of her lite. She had therefore
brought the present action, and the learned gentleman
trusted that the jury would give such damages as to com-
pensate her as far as possible for her misfortune.
In support of this ease the plaintiff was called. She
stated that about two o'clock on the day in question, cur
was knocked down and injured in the manner described by
her counsel. She did not bear the driver call out to her.
Some other parties who were on the spot when the accident
occurred, were also called. One of them stated lb it the
driver was seated on the back part of the cart, in such a
position that he could not see his horse's head.
Mr. Tunaley, the surgeon who attended Mrs. Bowden,
said she had been confined to her bed sic weeks, and had
suffered very much from the injuries she received.
Mr. Serpent Wilkins addressed the jury for the defence.
Although the main points of the plaintiffs's case were not
controverted it was a significant fact that, while the injuries
were received in the mouth of October, Mrs. Bowden never'
made any claim until the Itth of December. The fact was
that the real fault—or, more properly speaking, misfortune
—rested with the plaintiff herself. The accident happening
upon a rainy day, Mrs. Bowden was prevented by her um-
brella frem seeing the cart. Thedriver observing this celled out
to her, but she appeared to be somewhat deal and took no
heed; hence the accident occurred. The van sou only going
at the rate of five miles an hour, which was proved by the
feet that it was pulled up within a very few verde.
The driver, and some persons who witnessed the affair,
proved the statement for the defence.
Lord Campbell summed up. His lordship remarked that
he thought there was nothing in the fact of Mrs. Bowden
having delayed making a claim for a few weeks, taking into
consideration the injury she appeared to have sustained she
could have hardly made a claim sooner.
The jury returned • verdict for the plaintiff, damages Mt
Lord Campbell said, now that the case was over, he
thought it right to my that vehicles should net go at the
pace they very often did, more especially as they were
turning the corner of a street. It was impossible to go
along the streets of London without often seeing her
Majesty's subjects often placed in fearful peril. It was
only a short time since that Mr. Commisaioner Phillips met
with an accident under circumstances similar to this case,
whereby his valuable services were nearly lost to the public.
It was no use shouting to prevent the consequences of
reckless driving; indeed, the hearing of a sudden shout,
by alarming persons, deprived them of their pretence of
mind, and led to the very consequences which were meant I
to be avoided.

INSOLVENT DEBTORS' COURT.-SVITADAY

Biloxi Ma. Coannuaoxia Pinups.
IN TUB MATT/LA 01 JOHN Crams--IllN

This insolvent, a young man, who had been a hair-
dresser, in Orford-street, was opposed by Mr. Dowse, on the
part of three creditors, and supported by Mr. Cooke.
The complaint was that the insolvent had by pleading
four pleas, put one of the opposing creditors to considerable
law expense, and had in addition made a fraudulent dispo-
sition of his property by giving an undue preference to a
person named Mann.
The case4oocapied some hours, and in the course of the in-
vestigation it appeared that Mr. Redshaw, one of the oppos-
ing creditors, happened to go into the prison, where the
insolvent was confined, and he admitted that he told the
insolvent that if he would arrange about a fifty pound bill
which he bad given, and was in the hands of another
creditor, be (Redshaw) would not oppose him.
Mr. Commissioner Phillip, held that after such an ad-
mission Redshaw could have no individual ground of com-
plaint. According to the established practice of the insol-
vent court, • person so applying, had afterwards no
locus standi.

The saw investigated on the question of defence and
making away with property. The insolvent had given a
bill of sale to a person named Mann, by which one of the
opposing creditors was defeated in his execution. It ap-
peared that the insolvent had been in prison since January,
and he told one of the creditors that if he did not oppose him
it would save him twelve months' imprisonment.
Mr. Commissioner Phillips was of opinion that the two
paints had been established, and notwithstanding the time
the insolvent had been in prison, it was his duty to stark
the cue by a judgment. He therefore pronounced •
judgment of fora calendar months for a vexatious defence
and for giving an undue preference to Mann.

' 853.

the terminus of the Loader, Brighton, and South Coast
Railway, at London-bridge.
Mr. T. Smith stated that, on Sunday 'veiling last, he
brought his wife and family from Sutton, where they had
been staying for some time. They came by a train, which
arrived at the London-bridge terminus at a Quarter to nine
o'clock. It was then raining in torrents. He 'Gauntly went
to the cab-rank on the other side, and engaged defendant to
take him and his family home. Defendant was standing
with others in the regular rank, and refused to take him.
He said he was hired previous for the next train. In fact,
all the other cabmen said the same. He then told the de-
' (=dant to show his badge, but he refused, and he immedi-
ately went to the cab inspector, who told him that all the
cabs were engaged, and that he could not be accommodated
there. Witness inquired who had engaged them, when he
replied, I have." He then put his band on the cab door
and insisted upon being conveyed by the defeadant, but at
the time he was speaking a tr:in came in from Brighton,
and the whole of the cabs were instantly tilled and lett the
I station. Witness was then put to great inconvenience, by
being compelled to go tome distance to get a conveyance,
and himself and all his family got drenched with rain.
Mr. Acton, one of the eupe,intendents of the railway, in-
formed his worship that he should be able to prove that de-
fendant and all the other eabmenort the rank were individu-
ally enata_ted prior to Mr. Smith's arrival.
Mr. Combe said, if he could prove that there would be an
end of the case. The railway had, contrary to his expecte-
Cone, showed a proof of previous contract, therefore he must
dismiss the summons.

The complainant said it was very bard that there should
be such a distinction with the company's customers. A
person front Sutton or anywere else ought to be accommo-
dated as well as one from Brighton.
Mr. Acton s►id the cabs for the Epsom line were always
kept outside, and it would have been nearer and much safer
for Mr. Smith to bare gone outside.