The Express.
London, England, 1862-06-27 00:00:00

COURT OF COMMON PLRAf3.—Jtrws 28.
Salim at Nisi Pries IA Middlesez.—(Belpre Lard Chief
JUNLIVI Erie and a Spa:W./um)
GOBS V. BIZ OZOBOB GUT AND orma.—AN ACTION HT

AN ALLDGED VOItATIO.

The plaintiff in this ;T.l;;;so;.iiniatti of the Queen's
Prima in 1105, and mom after the cemminnement of the fol-
lowing year be was placed in the elzoistrocca, nod subs*•
quently removed to Bethlehem Hospital, where he was de-
tained as insane for • considerable time. He now rued Sir
G. Grey, and also BOON odloors of the Qmpon's Prison and of
Bethlehem, to recover demise for trespass and
false imprisonment, he contending that be was
not mad when he was subjected to coalsentert,
and further, that at all events the Feminine had not
been gone through previous to canning
The plaintiff appeared in person. The Attorney-General
and Mr. T. Jones were for Sir George Grey and the °Mows
of the prison ; and Mr. Serjeant Pigott for the of of
Bethlehem.
The plaintiff addressed the jury and his speech, although
curtailed by the interference of the judge and jury, lasted
four hours and a half ; and the remainder of the day was
occupied with the evidence of himself, his wife, and daughter.
The plaintiff's ease was not concluded when the court nee.

COURT OF EXCHEQUER.—Jums 28.
Sittisp at Nisi him en Weetudeeler.—leefor• the Lord
Chief Baron and Special Juries.)
BIitRITON V. GOLV!ON.

This action was brought in behalf of a boy about 12
years old, by his father, as out friend, to mover compen-
sation in damages for bodily injuries alleged to have been
sustained by improper medical treatment.
Mr. W. Digby Seymour and Mr. Boyle were conned for
the plaintiff, and Mr. Hawkins and Mr. Garth emiderotad
the case for the defence.
The plaintiff carried on the bushman of a tailor, at Bernet,
Herta, and the defendant was a surger_llefaning in the
tame town. The plaintiff's son was
his shoe, when another lad jumped .c=rasd"act7lM
knocked him down. He fell upon his arm, and having
sustained a (rectum in that part of it called the
" humerus"—the bone above the elbow—was placed
by his parents under the care of the defendant.
A " sloughing" of the arm took place, in commustios, as
alleged, of the defendant having bound it with @plats too
tightly, and the boy bad to be taken to St. George's
ficepitaL He remained there come time, and although the
booty united, sod the wound healed, the lower part of the
anti was so shrunken and withered as to deprive him per-
moonily of the use of the limb. He had, at the suggestion
of the harped judge, exhibited his arm to the jury, and
they seemed greatly aatoniebed at the decayed appearance
which it presented,
Mr. Tatum, surgeon, of St. George's Hospital, said a per-
fect cure had been effected, so far sa healing the wound was
concerned, but the arm was chronically disabled. Tight
bandaging might produce " sloughing," but the opinion he
formed of the ease when he saw it war that there had been
no excessive pressure on the arm.
Mr. Chapman, Mr. Jones, Mr. B. Childs, and other medical
men, were also called on behalf of the plaintiff, but their
evidence went rather to disprove the charge of negligence
and want of proper skill on the part of the defendant.
The Chid Baron said that in his judgment. in point of
law, a person charged in a public court with being the came
of a certain mischief, ought to be distinctly proved to have
bean the cause of it, and that the accusation should not be
treated as a mere matter of emanation or opinion.
Mr. Garth submitted that no cam had been made out.
The Chia Baron said it was a question for the jury.
The jury then consulted together, and the foreman mid
they had grant *animation for the boy, bat they did not
think there had been any negligence proved against the de.
(widen&
Mr. Seymour said after that intimation he would not
seek to continue the trial.
The Chief Baron—l must say, Mr. Seymour, you always
do your duty.
Mr. Seymour said be certainly felt it his duty not to press
the case when he could not honestly auk for a verdict for his
clieaß
Mr. Hawkins said the defendant held a great number of
public appointments, and he was 101/0111 to have the matter
fully investigated in order to clear his professional cha-
racter.
The Chief Baron—l don't know what more you want.
Mr. Hawkins said there were a considerable number of
medical men of eminence whom the defendant desired to
call.
Mr. Seymour said he would relieve the court from any
further trouble by cooeentine to a nonsuit.
A nonsuit was entered accordingly.
- -
EXCHEQUER CHAMBER.—JOVE 26.
Sittings in Error.—(Before Justices Wightman, William
Crompton, Willes, Blackburn, and Myles )

urns o. SHE LONDON 01311MAls ovimuni COMPANY.

The court delivered *gout in this me. The plaintiff__
bad brought an action spinet the defendants for
sustained by the negligence of the defendants' servanut:7?l;
plaintiff and the defendants were rival omnibus proprietors,
and when nursing the plaintiff's omnibus the driver of the
front 'bus deliberately and wilfully, and contrary to the
defendants' orders, pulled acmes the road and upset the
pleintiffs 'bus and did the injury complained of. The ques-
tion for the opinion of the court was tbedefendante liability.
Mr. Justice Wightman, in delivering his judgment, re-
ferred to the circumstances of the accident, and to the
reason wiped by the defendants' coachman for his =is-
conduct—tt he pulled morose the road in order to nerve
the plaintiff's coachman as he bad served him. It was,
therefore, a wilful and unjustifiable act on the part of
the defendants' coachman, and one for which the master
was not liable. It was not • case of reckless driving, bet a
deliberate and wilful running against the omnibus, and wu
not in the proper course of his employment. He was of
opinion there should be a venire de novo.
Mr. Justice Williams was of a contrary opinion. A
muter was responsible for the acts of h.l/4 servant in discharge
of the duties they bad to perform, whether he acted reck-
lessly, carelessly, or wilfully.
Mr. Justice Crompton, Mr. Justice Willes, Mr. Justice
Byles were of the same opinion.
Judgment of the court below wee accordingly confirmed.
COURT OF PROBATE AND DIVORCE.
JoNs 26.
(Before the Judge Ordinary.)
BYAB V. 001411.01 AND WHIRS.
The jury found for the plaintiff on all the WWI.
Sir C. Cromwell pronounced for the will, and condemned
the defendants in the costs.

TRAFFIC MOURNS.
NUN Pr. Mee- Total. Tally
IUiLWATO Am angers ebamllls 1/132 11111
Week en4ln6 April 27. c A A A
Great Indian Penimula .. art 2,666 4,616 7,122 6,9123

—.Weekeuding June 14.
Edinburghandfasaguse 1001
Scottish North Eastern and
. . .

- 0.878 0.877