The Express.
London, England, 1856-12-08 00:00:00

IITT:LsOl AT NIAI ?WS AT

CIOWLIT V. IASTLIIII COI:I4TM LAILWAT COMPANY.
ACCIDIPIT IN THI STRIBT.
. .

The plaintiff, 71;7i; Crowley, ;yonthli years of ego,
who sued by his lather, es his neat felted, brought soh
attire to reenter compeneatiou in damages for en *fury
which he al:eged bed resulted from the neglect of a driver
in the service of the employ.
Tar defendantspleaded not guilty of the neglect charged,
and it!in that they paid the plaintiff, and the plaintiff ac-
cepted and received two guineas in satisfaction or the injury.
Mr. Forjonnt She, and Mr. Scott were f r the plaintiff;
end Mr. Bova' and another learned gentleman for the
company.
Acc:ri2ing to the plentiff's case, the boy was fa the
ear tee of once coppers nubs in Drury-lane, at a salary of
Se. a week, and in May last was tent with a truck, in coin-
party with another boy, ti fetch a quantity of ripper from
a wharf is Upper Thaws-street. When they had nearly
reschcd the wharf, and were close to the kerb on the near
s'..;e, a bur-wheeled van, belonging to the company, came
I 'tong at a quick peat, and ran against the track, jerking it
round, and throwing down Chaeee Crowley, over whose
seele the bind wheel t f the van paned. The Injury was
est of a permanent nature, but the lid had suffered eon-
sidi table tufo at the time, and was congaed for foe, weeks
in St. '1 Boma Hospital, dairies which period he bad been
unable to earn any wages. Tee company had given two
guises. to the boy's employers as compensation for the
ia pry. hot the father refused to take the money, as Wag
insufficient, and until back. It appeared from the medical
soldering that the only treatment the boy received In the
hospital was the application of a 'otiose.
Mr. Boni], on the pert of the defendants, said the 'rennet
givon by the plaintiff of the guides* was an entire (Ori-
n...ton, and that the only means the company had of pro-
tecting themselves against frivoloas &otiose of this kind was
to bring them into court.
Evidence wee then adduced to show that the sceideat
happened entirely from the misconauct of the two boys;
that Char:es Crowley had hold of the birdie of the truck
while the other was pashieg behind, and that the track
cats in contact with the van in co sequence of their play-
ieg wito it and working it shoat in • .'z'gr-rig mauler."
It was alas stated by the witneesee that the van was pro-
ceed's, at a walking pace, and that the 'hind wheel did ant
pass ever the boy's ankle, otherwise it would have beets
nisp:etely smashed, but that the ankle was limply bruised
bye bow from the beadle of the truck.
Lord Campbell in summing up expressed his regret that
the .'ion bad been brought, as it was quite dm the boy
sad suffered no serious i..jury, and se the company had
"florid him two guineas which more then covered the
wages be had lost while in the boipital, in his cpbtion it
wield have been better if thatoffer had been accepted; but
it was far the jury to say whatnot they thought the Nary
the boy led suffered arose froantlte neglect of the company's
invest* of SO*.

Tin jay shoat issuedicte:y setarood a make for the
dofendmiti.

GOSLING AND ANOTili (IXTOOTOI/1), IP. WNW NATIONAL

.46111:1•111CRCOISP•14Y.,--ACTION OP011• LIPI POLICY.
Tait was an station upon • poloty of sesames for 6001.
upon the Ide cl the late Mr. George Gosling, who formerly
carried on the basil taw of • corn fatal at Heading.
Mr. licoseles and Me. Prentice wets for the plaintiffs,
an... Mr. Collier and another in ad gentlemen for the
company.
Ibe defendants pleaded, first, that Mr. Gosling made a
rainiest in writing of recain loots which were fain, as he
well knew and secondly, that they were ledueed to enter
into the podcy by the freed and nein of Mr. Gosling.
Mr. Collier opened the else on the pert of the oniony,
arse in couthquenee of the stature of the defence set up by
these tins. The sctien was broaskt by the ezerreson of
Ur. George Gosling, of Beading, sgainst the New National
A.eure nee and Lean Coe:nary, who melodist business in
Oatord-streer' en • p.-1 cy whereby the life of Mr.
Grslieg was limited with Gt..= on the 18th of September,
1855. for 6001. He was insured as a firth-else* lite, and had
to pay 331. a year, the anal premium for • person 56 years
of *go whose life was co.Alidered to be of the first tithe. In
May is the following year he died. The defence to the
action was, that the policy bed been obtained by Mr. Got-
hs! ty the inierepresentatioa sad otionalment of most
insteetal faro, which he knew, bat did not althea to son-
meni ate to the company, and which if they had known
they would either not bare insured his life at ell, or
insured it at • Metier premium ; and further, that the laser•
are, was cbmined by fraud and nein on the part of Mr.
Gosling. The pretty's' of Mr. Gosling for the Insurance of
his life was its the ordinary fors. sad wee sigoed he Ms
mark; for althcogh he was • very shrewd and intelligent
scan of toughies, strange to say be wee unable to write.
Bat the questions In the proposal ware rend over
to him, mad the answers wellies from his dicta-
tion. The following were the senors vitiate theyedieged
t be kW and fesacketent :-1. " Is the proposed uniformly
sob r and temp i" Answer. "He 1.." 2." Anthers
any e:rcantstaccee tending to reader his life mzes haserdone
than an ordinary life, with eshirb the comply ought to be
mare acquainted ?" Answer. "I am not aware of any."
3. " Has his life been at any time prepared for inarsece ;
if in. Low long slots, and, if accepted, whether at the ordi-
nary or an increased rate of premium?" Anwar. Din,.
Thus repeating the second answer," I am not aware of any."
With regard to the firs: question, the learned oonasel ob-
served that then was a class of man who were neither sober
pelisses act habitual drunkard., bat what some salted " tree
Leen "
Lord Campbell—How much do yin allow • sober man to
drink ?

Mr. Collier—That may be a site gentles.
Lord Campbell—A pint of wine a day
Mr. eltould say a pint of wise • deg would be
" quite sober." (Laughter.) The learned counsel thee de-
Stet a free liver as a polio* who drank a great deal more
irate did him good, and said his habits told upon him is this
way, that if he were seised with Masi:mattes from cold it
would probably Ay to his loess, and esdaleger his life, while
a eJber man wi.teld easily recover from the same oomplalat,
by recourse to the sena' reineeiee. The life of a free liver
aras, therefore, more haserdous to en 15111talbell office than
an ordinary life. Now it appeared, that three months before
G.mling sent this proposal to the defendants he made a
proposal to another io wanes offier—the St. George, in P.ll.
steli East—in which the tame questions were sebetastially
rut and crowned. In answer to the first, he tall " kis
hebite were tree," end the medics: man who had 'Heeded
•ffs for upwards et 24 peers wrote en the back; ribs live,
freely." In reply to atelier, he mentioned that he had ea
old ruptareend toe mere medical man repeated tint feet, sad
ad'ed that he bad attended tins Infirmity foe attacks
t eryelpelas. It wee quite clear, from the eziatence of this
d cement, that Mr. Goalies bad stated an untruth and de-
ceived the defendants who be said he was not aware that
h.s life had been proposed to any other °Mee. This proposal
was tot raj,c ed by to t. George, but was accepted by
them or: toe condition of five years being added to the life
on aec.u..t of the rapture. They required him to pay 481.
per mans if they insured hie lire, but he deelised to pay
that seem. Tte policy was however sabstqaestly takes up
cy tie sou on the company's own terms. All these facts
were eoccralsd hoes the defendeats, aid the cossupessee
nee that they accepted Mr. Gosling as a first atus life—L
a life free from all Mies., or tendency to disease; *berme,
.f the truth had been commentated to them, they would
Lave known that the oompleint under which he laboured, as
sea as is habits, tendered his lie very hesardowi.
The *.ideate for the defeadent we. to the rogoeriog
'feet: That Mr. Gosling, ha Ansa", 1835, applied to Ile.
Babes, the defendant's asset at Readies, with reference to
Henley an or on his life for 6004 He entreated
the answers to the company's gelation', bat, not himself
beteg abbe a write, Mr. Hence wrote them for him, and
e• sii-„ned his mark. Mr. Bence had !mows him foe
twenty Tem. He was • nroeg r best men, and at peered
to be in perfect health. He toed to take a glass or so.
hot was &legs • temperate man. Ile was fifty years of
sae. Mr. Bore., the seert•in of the company, said that
u if had been stated, when the policy was applied for, that
Mr. Gol:icg i.e. a horologer, the amersnee would proissaly
have been declined; area a high., premium wculd have
been started if it had been hears that be was rup-
tured Toe cake did not know of his proposal
to -he Bt. Georse's Compasy till after his &stk.
Mr. May. a Oureeoll at Headier, said he had hearts Mr.
arelisg kr twenty tour years, and bad eitamined him
with reference to the saturates on his life le the Bt.
George's Company. He recommended that Greling's life
Miceli be insured at a sight sulentt of premium beyond
the ordinary rate. li• had had a resters for eighteen
years. He saw * free liver, and took habitually more that
111:41 people. He bad iuteaded Lies fur erysipelas is the
'ace and head, three or roar times. That would certainly
affect a life as mance. (Lithos died from Inflammation of
I the kegs. Drinking would affect the Osseo of reecvery
it teat dioesse. He was, however, a strong man, and be
bed never er en hint acteally drunk is his hie.
Mr. Knowles submitted that the &fondest. had not
I made out a ease.

L•rd Cesaphell said he thovaht theta was abundant set.
der co to go to the juty, but he would not say ova what
gloae.
Mr. Stewlas ttea adJreesed the jsry oo the earl ef :be
o:emt.111. Having p:toted cot th-c N.th•n.l
C):p.11 ca:le4 Itetif tat:iepu.ahle e..•s of la.
titZti:t4i St.l prove.i (rand," bs .obiervvO ,hat valleys It was
el: torn thst Mr. slung hot been ato .lately guilty of (raid,
thetlafen hots were h- sad to pay the amoral elateord
tio?er Qt. po icy. Ibtto .a. tor otirn et orseepresen-
ttt:tt," :net was a very d:fi 'rent Writ front tr,trl,
gli2bt misrepresent without are kat n.i to
deceive. The defendants, hid isUodoend ao cuss into the