The Express.
London, England, 1865-07-10 00:00:00

COURT OF COMMON PLEAS.-Juim 8.

ilittinp at Nisi Prins is Loodoti.—ifistare Lea Chid
Justice Ma and a Special Jury.)
GUT O. THS SOUTH LAMM RAILWAY OOKPLKT.

The plaintiff is this ewe had bees massager to a photo-
graphio implement maker. sad be claimed damages for
injuries sustained on the Greenwich line in cow:queue of
• train bowleg nut into a lownetive which we outlawry
am Melia' on the 19th December last. The defendants
admitted their liability, sand paid 4501. into wart, ea that
the oaly question was whether this sum was snfficieet to
umponeats the plaintiff.
Mr. Serjeant Tindal Atkieson and Mr. Day appeased for
the plaintiff; and Mr. Lush, Q.C., sad Mr. F. M. White
for the defendants.
The plaiotiff was about 50 yews old, and as the ccusicte
of the collision he was thrown violently backwards end for-
wards, his hat was smashed and his lip was eat through,
bat heyood the cut there was no external mark of mate-
, queues ; the medical men, however, whetwore called on the
plaintiff's behalf were of opinion that there was • serious
spinal injury, and it was thought probable that this
injury had been caused, sot by • blow, bat by a wrench.
The plaintiff had, Mute the &oddest, frequently fallen
down from his leg failing him. There wee a partial lass
of power in the lower extremities and in the right arm.
There was also • partial loos of twain power, and the sight
• hearing weresornewhat injuriously affected. Another
symptom of &wampume was that the plaintiff had not, of
late, progressed towards recovery.
The defendants' case wee that the plaintiff bad
=migrated hie looses., end had failed to keep an appoint-
ment to be examined. These circumstances excited suspi-
cion. and it was contended that the statements of the
plato-
tiff in the witness-boo coupled with the medical testimony,
showed that the plaintiff had also exaggerated his situp-
toms. The medical gentlemes celled for the dedeadant bad
examined the plaintiff, and had base unable to discover any
symptom of brain or 'phial injury. It was true that the
plaintiff walked in a singular way, as though he had not
proper control over his limbs, but the physical condition of
those limbs seemed quite inconsistent with this state of
things. They were ales of opinion that the plaintiff would
be quite recovered in • twelvemonth's time.
Tae jury, after considering the matter for • short time,
found • verdict for the plaintiff for 35W. id addition to the
mm paid into wad.
BROOND COURT.

Slttiop it Ni.l Prins in Lmidos.—(Sloe Mr. 'lnitial
Listing mad a Comma Jury.)

truer V. RUSTIC&
This wan an action upon a mortgage sonority for 3,5001.,
sod the defendast paid into court 3,1081. 12s. 6d.
Mr. Karalake, Q. 0., appeared for the plaintiff ; and Mr.
J. J. Powell, 14.0., and Mr. H. James for the defendant.
In consequence of the state of the pleadings the defen-
dant's case was first laid before the jury ; and Mr. Powell
stated that the plaintiff was the hooorary secretary of the
Society of Civil Engineers, arida» defendant, Mr. Benjamin
Webster. was the proprietor of the Adelphi Theatre. Mr.
bLenby was formerly treasurer of the Adelphi Theatre. and
he and Mr. Webster had been on very friendly terms, and
there had bees many money transaction between them.
When the Adelphi Theatre wee rebuilt the estimated cost
was 10,0001., whilst the actual met was 24,0001., and under
these circumstances Yr. Webster became desirous of
raising some money. Consequently is July, 18.59,
be applied to his solicitors, Messrs. Robinson, Web-
ster, and Robinson, to get for hi 3.5001. upon mortgage
of some property is Wales. It happened that Mr. Manky
had come into considerable property, sad be wrote offering
to lend and did lend the 3,5001. The interest was raga-
WIT paid until Midsummer, 1863, end la the November fol.
lowing this occurred. Mr. Robinson, sm., who bad had many
mosey and hula«, transactions with Mr. Mashy, applied
to this gentleman for • loin. It was, however, inconvenient
for Mr. Manby to adman°, the mosey at that time, but
it was arranged that Mr. Webster might, in part disohnrie
of his morigege,ccopgisMic., Robinson 1.0001. on amount of
Mr. Menby. A on the loth November. 1663,
Mr. Webster paid Mr. binson 1501., on the following day
3601., and subsequently 2001., making in all 7001. The
question in the muse was whether this 7001 bed keen
handed by Mr. Webster to Mr. Robinson with the sanc-
tion of Mr. Manby and in discharge of his mortgage debt.
Mr. Robinson, senior, had. it was stated, become in-
volved, and in December, 1863, he left the country, and
had not since returned.
Mr. B. Webster, Mr. Webster, jut,.. and Mr. Robinson,
jots., were celled in support of the defendant's case.
Mr. Manby, on the other hand, stated that he bad
sever authorised Mr. Robinsoc, senior, to receive the 7001.
in redaction of the mortgage debt. All he had said was,
that it was not convenient for him to advance Mr. Robin-
son any mousy, but if Mr. Webster paid to him (Mr.
Maltby) 5004 off the mortgage, be would probably advance
yr. Robinson 3501., and perhaps 5001. It was said that
Mr. Robinson, senior, bad no doubt deeeived Mr. Webster
as to his authority to receive the mosey ; and it was also
maid that Mr. Robinson, wham be left the country, owed Mr.
r Webster large sums of money.
The jury founds verdict for the defendant.