The Express.
London, England, 1849-11-05 00:00:00

COURT OF COMMON PLEAR—SAToiDAY.

Amnon mc llassow—kmaa ten Cans J-o—nwaiir-i;;;-111:ivi-
rwe Kann, Ka. banes wiLiames, axe Ma. Amon turn=
At the sitting of the wart this iwarniag, Kr. Judo, Tra-
gourd took the istaal eon of allegiaaes.
KIWIS/KAY O. llama aino Anorani.—Bair Casson.
Mr. 8-rjeant Dyke mewed on behalf of the plaintiff for •
wide to show time why the Muter ehostld net mrtaz the costs
in this cue. The essly quastlea which the learned serjeant
raised for the ataddenties of the soon was whether, when
the owner of • Vile rest sheep distrait** sad 'amended,
the titheinyernds liable to pay double or single eons. It
yJMY~d that triatill is 'apiarist 11118 111=811111010
hakl assn 164 the defe•dellls was the of great
a aver epee the keel under Imo Caw. The dekwieats
dismiss& egos the *Mir eikos=viel, bed GM sr;
of the tows to tie
tool out a sanneused:= gmetelMliwd the
noster Mew towed Me ode et ike ima if , iris
allowing Me dellindendo Amble eosin. TMUK pinball gelid the
seas.dnate and 101. enaesonat of eats. bat pinball_
to pay
say nose, emesivieg *et be was not liable to pay deal de
mete. By meet el allot " Pieleek Pei-
leek's Ass," doable wk. aMal *akin& woe abelidted
sad it pesilded IMO Ike =Ma did& aim bestsl wedw
seeable indemnity to perdu who bed Mhos ento
them The etetate masa whisk idle drlliPanlr relied wee
ire 111 Odd. II Seta! see. fl bal rho lemma saddest
sow issatioded sae that sillnio edly wile.; to
asses of seat snake and net NM doge, sad eta wheys
tu panty dislailekg would hone Ike of
newsy, whlch he sithesitled did Mt mkt .awes of sgem&eat-
dingo. Is =wet of Ibis dal It lb au% the hand

mrjaant cited the nets of " POO V. Clarke" (let New
%Tor s. p. 66). "The Leonsmiter Canal Company" (lat
Bo arias' and Bellar's Reports). sod " thaw. v. Col-
lis'," to Willie's Reports. The defendants else relied twos
the 6 It 7 art Wm. IT., cep 71, the Tithe Commutation
Act, as showing their right to hare double coati. Hy the
81st see Ws of that set It was provided,
_that where &party
disweised fora matchers.. and sweseeded, ho should be to
the same peddle as a Isadlord who &seabed apes property
let to a must. Mr. firarjennt Bees son ampesti that that
Inaba esald set be interpreted es giving a power to • party
to strew portray for a resteharge, er to sad* kin to
doable rests, olthosgh such might he the ems whim persons
steed is the p to each other of laselked sad
bru
lewdt. Chief Juetka Wilde—Take a rule.
Role aid grouted.
After diepseing of soother mottos of a purely tcohoical
ciameter, the este lOW at a quarter to 12 o'clock.

COURT OF EXCHEQUER
_ &wpm za B• 1100.

Gams sr. Mu.Tox.=--1

Or COUNTT Buz-

V2TO/111.
Mr. Temple moved, pursuant to leave reserved, for a rain
calling en the defendant to show cause why the non.suit in
this ease should not be set aside and a verdict entered for the
plaintiff for 8001. The sods: was broaght under Lord
Campbell's act, to recover esopensatioa for the death of
the plaintiffs husband, alleged to have been caused
by the negligence of the defendant, who woe bridge
surveyor of the musty of Cumberland. At the
trial, before Mr. Justice Wiphtman, at the last
assizes of Carlisle, it appeared that the deemed
attended on the Bth of August, 1848, as a witness in a cause
then pending there. After the cause was over, he and •
friend left Carlisle by the train for Wiest, where they
hired a hese and rig to go some distance farther. The do-
omed, who had bin a practised driver, drove the gig. In
the warm el their journey they wareto have pawed over
Wins Bridge, width was melee the superintendence of the
defendant, and had been then recently repaired. Upon the
bridge there was a heap of atones, in a most dangerous
positiee. The darkness of the night rendered it impossible
to avoid it; the result was, the gig was overturned, and
the injuries sustained by the deceased terminated
fatally. The plaintiff then brought the present action.
At the tsial there was some evidence that the stones had
been left on the bridge by a person named Johnston, but it
did net appear ales* whether he was a contractor or not.
The principal guestiss was whether there was evidence to
fa
to the
the
to enonsetthe defendant with the persan who
suffered the slow he nelesin them. To supply that evidenos,
a letter ef the thilsadeetls width It was oontend.d recognised
the sets efJeimillon was relied upon.
Mr. Baron Alien= said it would be most unreasonable
that a pupils ethos such as the defendant meld be held
liable upon a (sacral liability. The county should be held
ropossibis It bridge was not in proper repair. The
defend's* duly inertly was to see that the works were
properiremsteneted. if, however, it appeared that he had,
either hintegf or by his agents, pat the obstruction upon the
bridge, that would wake is • totally different ems.
Mr. Tam* subsisted that it was the defeadant's duty to
see that them was as eletemetion, or, if it happened to be un-
avoidable, to same Mireeneval within a namable time ; and
ea he bad net thge se, he should be held responsible for the
consequmeas ef the aseident which bad occurred. It was
net to show he had direct nodes the obstruction
was on the ; it was his duty, as county surveyor, to
see that it was safe for the public, and he could not set up
his own a. gligence as an excuse. There was, however, some
evidence of notice.

The Lord Chief Baron thought it should have appeared
in evidence whether the defendant did, in fact, know of the
existent* of the obstruction.
After some twasideration, a rule idol was granted.
Nm Pans •r Wismimmim—Birom Me. Rama Purr •ao •