The Express.
London, England, 1847-01-27 00:00:00

COURT OF QUEEN'S BENCH.

DOBSON C. BLACHBORB —ACTION FOR AN INJURY TO
PRIVATE PR./SHIM HT AN OBSTRUCTION TO A PUBLIC
RIGHT ur WAT.—This action was brought to recover
damages for the injury done to the property of the plaintiff
by the delendant having obstructed a right of way Icadiag
to and past certain property of the plaintiff, partly rever-
sionary and partly in possession. The jury was of opinion
that the plaint:tithed nut sustained any damage by the obstruc-
tion, and returned a verdict for him with only Is. damages.
Thereupon the defendant obtained a rule nisi for arresting
the judgment on the grounds, Ist. That the unlawful acts
complaused of were as much a nnisance to all her Majesty's
subjects as to the plaintiff, and, therefore, that those counts
of the declaration which complained of en injury to his pro-
perty in possession did not disclose a ground of action. 2nd.
That those counts which related to an injury to thetflaintiffs
property in reversion were also insufficient, because they did
not allege a particular damage to the reversion, but a damage
only affecting the tenants in possession. After argument on
the rule the court postponed its judgment. Lord Denman
now said that the first objection had been long
overruled, and that whenever ray special damage
was sustained by a prisate person by means of a
nuisance, which was also public, that person had a
remedy be action for the particular injury sustained
by him. With regard to the property in reversion, how-
ever,
the court thought that the plaintiff could not recover
deniers for ids injury which only appeared to be an abridg-
ment of his tenants' rights. It was not averred that the in-
jury was one that would eintinue till after the expiration of
the lease, nor even that the ohstruc,ion had lasted till the
time of action brought. In fact, the counts relating to the
reversion would, if good in law, be sustained by evidence
that at any time previously the defendant bad put a bar for I
floe minutes across the way. Ott these counts, then, the judg-
meat most be arrested, and as the jnry had not furnished
the court with any means of severing the damages, it must
be arrested generally.—Judgment arrested.

COURT OF COMMON PLEAS.
sittings in Banco.
PHILLIPS ANT) ♦NOTNER V. NAISNR AND 011/IRA.
The court was occupied tho greater part of the day with
hearing the arguments of counsel in this case. The verdict
had pas.cd for the plaintiffs, and the question now raised
upon application fur a new trial was, whether the directors
of the Marine Insurance Company were liable to a "con.
structive total loss," undir a policy of insurance effected
upon the ship 4' Broxbournbury.' the vessel, it appeared,
encountered a severe hurricane on a voyage from Bombay to
London, and the captain found it necessary to tut in at
Mauritius, where the ship was sold. The plaintiff, there-
fore, brought forward his claim against the and, miners, as
fore total loss, and the defendants contended that the vessel
was not destroyed by the perils insured against ; but that
the loss was attributable, in a great measure, to the unsea-
worthy state of the ship a. the time the damage was in-
curred. This was the principal question which the court
were called upon to decide, and their lordships took time to
consider.

COULTAS c. Bowes.—Citix.Cosr.—ln this case the court
to-day granted a rule absolute upon the application of Sir
Frederick Theeiger (reported in this paper on Friday list) to
change the Tenor from Bedfordshire to Middlesex or London.
On the former day a rule nisi was obtained on behalf of the
defendant, and the learne•l counsel on the other side did not
show cause against it. The cue had already been tried
twice in th • county of Bedford, and the defendant did not
think it possible that a third trial (which the court had
granted) could be impartially dealt with by a jury in Bed-
fordshire, where the contending parties resided.