The Express.
London, England, 1865-01-14 00:00:00

BAIL COURT.-JAx. 13.

!Wimp at Nisi Prise at ifamtardvater.—(Vlore Mr. Justice
Mae sod a Oman= Jury.)
MOMS S. =Torr. —4IIIIIAULT.

llir iris au action far ea assault on a Mad may.

Dr. le7esTyl;iiiiTiTo;;;;;;;;•;n7;aliTr the plain-
tiff; Mr. Selma* Perry and Xr. Philbsiek were counsel for
the dokadeat.
The plaintiff, who is • blind man, paste • room is the
ambulant'. model lodging-house at Magma. The drains
se the horse were is a bed condition, so moth so that eh
casedieg to the ph/stiffs statement the stench was almost
. He hod applied Is the defendant, and also to
epsenTh authorities, the Board of Health, and the vestry,
bat 110 ooald obtain no redress from either of them. Os
the 1(14h July last the defendant some with great violence
Pats the plaintiff's room and demanded the fortnight's rest
OM wee doe. Plaiatiff told him he was glad he was some,
and paid hiss the 7s. Defends*. said, " Why are you 'led
that I am comer and plaintiff replied shoat the removal
of this horrible stanch, sod asked his. civilly when he would
senseiy it. Defendsat said, "That's lay borrinese. I shall
remove it whet I think peeper." Plaintiff replied,
" Well, Mr. Elliott, it is • miry hard thing that I, •
pear, Witted nod man, who bass to raisin
essined foe hours a day is this room, should
be exposed to this frightful stench. I as. i,
peinened is my room.' Defendant, upon that, abused
the pisietiff, (might hold of him, and with some violeoce
=him several times wield the useatelpiees. He this
him towards the door sad pushed his beck several
limes spinet it, and bumped him with his he.. four or live
times on the abdomen, and kicked him three times as the
skis rpos the plaintiff's wife remoestratieg with the
dieniket be threatened to nerve her the same. Plsiatiff
selesquently suffered great lids In the abdomen, sod his
dims so and. Injured that the defendant 'Banyan!.
=lta surgeon, who dressed it every other day (or •
t.
The plaintiff, is his mcshezenclustion, said the defendant
bad frequently told the other Smash that be ins the best
lewd be ever had. He denied swamies; er using bad
language to the defendant, and refused to pay rest Rath
Ms Month was abated. Defendant had not gives him sodas
le quit.
li appeared that the plaistlff's wife had been charged
with an emelt, sad that all the puttee bad been held to
boil to keep the peace.
The defence denied the accuracy of the plaintiff's cam in
every cathode; and that es tar from the defendant basis('
been guilty of reek brutality the plaistirs idatsmeat
would be completely contredithed. The &loudest was a
eeefeationee Gamic( es holism is EDO-street, Winton,
sad though it was amessary for him to look sharply after
biz tenants is the model lodging-loose, he lied always
treated them with. kindness. The defendant said he knocked
at the deo, before entering, and that the plaistiff said he
weal not pay any more rent until the stench was pet rid
el Defendant said the plumber had been spoken to, and
added that be would not be dictated to by say of his
tenant.. Plaintiff thee replied, "111 see you before
I pay you oatd the thing is door,* and called &fondest •
old vagabond. Defendant in coneequesee threateried
Is mod in his looker, apes which the plaintiff and his wife
mbed him by the miler of his coat and thrust him vio-
lently await the door. Knowing the violent dispositions ei
the parties, and seeing the Wadden things upon the table,
be was afraid the husband would take up a knife, and as
be emoted to get sway the plaintiff kicked him out of the
rms, and in Meg so rased his leg against the door.
deem witneems wen called in support of defendant's ems,
and
The jury were locked op about mid-day, mid bad not
agreed to , verdict when tM court rose.

COURT OF COMMON PLZAB.-.TAx. 13.

■Miep A Nisi Prins in Middissoz.—(l3•lore Mr. Jos**
Bytes sod a Common Jay.)

XLIZI r. THE LONDON AND BRIGHTON RAILWAY COMPANY.
ACCIDICIT AT A CIAGIAING.

This wee a &atlas to recover damages for !tivia ens-
biped be the plaintiff when maim the defeedents. line.
Yr. he:jeans Parry sad Yea. Joyce appeared for the
*Mad, but the troapaay wen narepressated.
The plaintiff was alabourio sea; sad in July last he
was working in the bricbSelds of Mesas. Collins, sear
Osydoo. Ha business wee to do the work of as off taker.
Burly on the meriting of the 11th July be went to the laid,
bat toned that the MOO were oak's, holiday, and of
wailing till between nine and tee, he returned ea hie way
hews. He wan about to mew the line at the araishar at the
sad al Portou'a-road, whoa he stopped natal as "maim sad
Under passed *a towards Louden. He thee stepped es to
the line. when a trail gain the other way keoeked hies
lowa and his arm Sea broker sad his ribs ware stove in.
Of sours. he was for several weeks quite incapacitated for
week, sod be had not now rwavered. It was oonteeded
that the defeadanta were liable, because they had no asap
at the crossing to warn permits going over the line if there
woo sae danger ; ad it was said that since the aocident
they hid had • ma there. As to soy suggestion of want of
we by the pleiatiff, it was said that the noise of the first
aegis*, coupled with the fact that he was somewhat beef of
ewe ear. prevented his hearing the sewed engine,
Hr. Juitioe Byles said that it might possibly be that he
mkt to lay down the law that it was the duty of the
rrflwa company to have a maa statioaed at • level canes.
fa(; but he thought that the better way would be for him
to bays It to the jury to say whether they thought that
the plaintiff had suffered through the negligence of the
essapacy without any negligence contributing to the acci-
dent on his own part-
'Th. jury fogad far the phdatiff—dainsies 1001.