The Express.
London, England, 1847-02-10 00:00:00

COURT OF COlpdON PLEAS.

Not Osice.--Beftre Mend ebbe Midas en antral Ally.
GItIFFIN AND ANOTHan T. JACKSON AND BITERLICY.
—RAILWAY LIABILITIES —Mr. Chewed and Mr.
Henderson far the plaintiffs. Mr. Pyles for the
defendantJ
anos ; and Mr. Sinatra" Ise lareary.—This
was an scram a a seetweet wentthe distatimet as pre-
en nal committeeman elite Liedey Fleetwood, sad Liver-
pod Railway Company. The wal motif that the defend-
ants were members of the prratioral oramittes was given,
sad an attempt was made to show that they gave en indi-
vidual sanctioo to the combat, by proving that an advertise-
ment nude, which the cataract was made wee read by them.
—Mr. Serjesnt Bytes and Mr. Bramwell wended that the
pLtintif must be nonseatod, on the ground diet they bed
not Men proved to have committed any me, net as would
render them liable for the expenses incurred by the gempany.
After some diacration, the Lord Chief Judas said it was ,
objected that there was no legal evidence wen wink ajery
could come to the conclusion that the deeeminem WWII liable.
The action being nand two the Matiblayenseth
most be proved ut orticr tomtit the Ile die verdict.
Ths defendants were sought to be is wpm* of a
contract arising out of a reedstion need Oct nik. By
whom was that contract made t It appeared theta the ton
of October, according to the evidence for the plaintiffs. a
beet was produced at the waling, pargestke te be the
best trateining certain wens emeneed int sempany,
bet it did not appear by rano the eiments were
MOW. Amongst venoms resolution pawed ea that ocea-
n., it woe resolved that the Win Messer& should be
Mises. Griffin and Taunus: and aide they were so appoint-
ed, they were directed to premed with the worm and to
way as those worker whisk forma the rayed of the peewit
aatkm Tue question that was. lobe Waft*. parties making
the sentract ? They were the pesoom who described them-
selves as the company, bat it dY mot appear that either of
the defendants was present : ad it was is respect of that
sontract th it this ration was brought. The liability of the
diadants was sought to be established by renew* to the
resolution which gave rim to the wad it was dated
reef of each liability, that made advstimsnta 'Air-
time", announcing trutiqrwers, at the time of '
die members of the ceemattee. Wher
ad die become masebees the committee, if at
sit this Bass, those paean Italy wen liable who were
members at the time the earand was made, sad who
were the peaks to the mmentlem be.. whisk w'
mantra area Tbin we as reef el say
or request on the path Odle dellienmes q brae ta=
entered as members of das seesenfiee, era is erase M dm
their liability evidence thrall be neinedeethaetthet nay
had given a request bens the ammo nsweat sI disk ewes
or an acquiescence efteeweerk. It was allei•Ddill that a
party must be taken to bate commented to We awe brag !
placed upon the mientegle" etamittee, raises be de wee I
affirmative act to wane sa dimmt. He (the Chief Jos-
tice) did eat appointed net in gnat of law a mat was
bound to take any pains to repel the set at another; and,
although the fact of a pray of hollikaaarelf out to the
world as a responsible paw was him, the
law did not say that if anybody else " held tweint to the
world" his liability was 'ratablishoL These observations
were applied particularly to the cam of :mean; sad with
respect to Beverley evidence had been nand to show that
at the house in which he lived a our relation of his
took in a newspaper containing an soneweimeat of his
filling the office of managing committeeman. It was, there-
fore, urged that the defendant, Beverley, had ems the an-
nouncement, and that he had sanctioned it by met taking
pains to contradict it. The fact of his not having daunted
did not have the effect of making him liable. It was woo
sou, however, in order to support the peewit action, that
each defendant should be found liable, sad ia his (the
learned judge's) opinion, there was no sateen to go to the
jury u against either of them. The mistrect was made on
the Bth of October, and it was not preyed that any set
had been done by the defendants afterwards to ding to
affirm that contact, nor was it shown that they ware parties
to the resolution at the time. The question thee as to the
liability of provisional committeemen, nerdy on the ground
of their filling that office, being admitted to be rightly
decided, he (the learned judge) was of opinion that this
action could not be maintained, and that the plaintiffs must
be nonsuited.—Nonsuit entered.