The Express.
London, England, 1849-03-01 00:00:00

labs 3intelligence.

COMM OF BlCHEQUER—Tesrnanay.
Nan Pam—Before Mr P. Polk*, CI., and a London flpeetal Jay.
PILSCZ O. Tee 0111 AT WISTIAN HALLWAY CONIPAXY.—
Tma Anemias at Snaivaranare.
This was an action to recover oompneastios in damages
fee a variety of dangerous personal injuries attained by the
plaintiff in consequence of the alleged carelessness and no-
siest of the defendant's servants.
Oa the 101 of May last it appesred that the plaintiff,
who was valet to Mr. Beckwith, was returning by
express train from Bath to Lond.m. On approaching
tke Shrivenkass station, the signal indicating " all was
eight" having been displayed, the engine-driver proceeded
at the weal express rate of sixty miles an hour. There
was however at the sidings of the Shrivenham elation a
hone-box, to whisk a tattle-track had been attached, re-
moved inn before the train came up. A ponies of the
hone-box or track win left by the porters, who had
been employed to remove them, overhanging the line,
sad to their earelesene a the accident which unlor-1
tanately ensued woe ascribed. The engine paned
without much injury, but the next carriage came into
collision with the portion of the truck which was left
overhanging, and the consequences were frightful. The
truck, the :ton:-box, and two or three of the carriages
were shivered th atoms. Thirty of the passengers were
violently thrown out, four or five were killed, and all the
remainder sustained various injuries. The plaintiff, who
win within one carriage of the engine, was found after the
accident in a state of imminent danger and totally insen- '
sible. For rme time it was supposed he was dead. He
was taken to a publie-heuse, and examined by a surgeon
who di.covered MA life wu not extinct. but tnat the mai
serious injuries had been sustained. There were three or
m ire large gashes on the head, and various contusions of
the body. It was thought nectseary to *have off the hair,
and to srply cold lotions, and it was not until the morningi
after that the plaintiff recovered his senses. Such war the
extent to which his fees and person had been chat-
tared and disfigured, that Mr. Beckwith, his mas-
ter, was unable to recognise him. One of his
legs wee broken above the ankle, and the joint itself
greatly braised and injured. The right elbow joint was
Matured, and both kneel nearly shattered. A large piece of
flesh was torn off one of the legs below the knee joint, and
the sight of the right eye was completely destroyei. The
other eye wee so much injured that one of the surgical wit.
newel deposed it was extremely probable ho would ulti-
mately loess the use of it also. The sufferings be endured
were of the most excruciating descriptios. One of the eye-
lids wee sewn up In several places; but afterwards it win dis
covered that there were two splinters la the corner of the
eye. The stitches were cut is order to remove the splinters,
and it was necessary to have the eyelid sewn up again. The
pain atteadir.g these operations was described as almost in •
sufferable. It was necessary in setting the elbow to alter the
position of the bone, which also greatly increased the pain,
and rendered the limb nearly useless. The elbow was set on
the 17th of May, and the leg next city ; after these operations
the plsintiff gradually improved. His condition wee, how-
ever, very precarious, and he was unable to move from the
Shrivenham station until the 6th June, when, at the instance
of the company's medical officers, he returned to London.
He afterwards went to Margate, where he remained f come
time, and had considerably recovered. He had, however,
completely lost the sight of one eye, was lamed fur life, and
was rendered unable to use one of his arms freely, It was,
therefore, tolerably clear that he bad been rendered totally
unfit to perform the duties of a gentleman's valet during the
remainder of his life. Under those circumstances the only
question for the consideration of the
_jury was the amount of
comnensation to which the plaintiff was entitled. It was
strenuously urged on his behalf that the accident had arisen
et.tirely from the gross compound or double negligence of
the defendants' servants. The porters were careless and neg-
ligent in not removing the hone-box and cattle-truck, so as
to prevent any portion of them from overhanging the line,
especially when they knew the express train was expected to
arrive every moment, and the policeman (Pugerry) in
charge of the signals had a'so been guilty of gross negligence
by allowing the signal, denoting that "all was right" to be
up, when he should have given the signal that there was
" danger," which might have been seen at the du
taco of a mile and a half from the station. If the
proper signal indicating " danger" had been given by the
policeman, the engine.driver would have been able to stop
the train easily before its arrival at fihrivenham station, and
the accident would have been avoided. It was also urged
that the only security for the public mho, was to make the
defendants, and all other railway companies, feel, that, in
cases of this description they should suffer severely, in a pe-
cuniary sense, for injuries occasioned by the negligence of
their servants.

On behalf of the defendants it was not denied that the
policeman to whom the control of the signals was intrusted,
had been guilty of negligence. His conduct had been
so muck disapproved of, that the company felt It their
duty to prosecute him for his negligence on the occasion and
he was found guilty of manslaughter. Up to that nufsirtu-
nate occurrence under consideration, he had acquired the
character of • well-conducted, competent, and diligent
servant, and the defendants could not be expected
to do more than to provide the best servants in
their otiose departments that could be had for money.
That the company bad exerted every possible means to pre-
vent accidents, and it might be inferred their efforts bad
been sueogeetal, from the tact that during the period the ex-
press train had been running, there had never before been a
serious accident respecting it on the Great Western line. It
was absolutely impossible, by the utmost diligence and lase-
malty of which man wee capable, to p accidents alto-
gether • and It wee therefore contended that, if the company
W less everything in their power to prevent such uelortu-
mote esentomess—if they provided the bat and most diligent
sad careful servants that could be had, they fulfilled their
duty to the public. They bad dens all they could to alleviate
the plaintiffs sufferings. A Leal surgeon wee first called in,
and afterwards they caused Mr. Cesar Hawkins, an eminent
ss to be brought down from London. Mr. Hawkins
attended the plaintiff for a fortnight at Shriven-
ham, and subsequently in London. The plain-
tiff was lodged and &leaded to at the expense
of the company, regardless of its amount. They regretted
the accident meet steeply, but it could not be expected that
they should compensate the plaintiff for the sufferings he
bad sustained from an inevitable occurrence, which every
one who travelled by a railway, and more specially by a
train proceeding at the rate of sixty miles an hoar, must
centemplate as not an imrsaible contingency.
Amongst the several wapitis.' called on behalf of the
plaintiff were the medical gentlemen whs attended him on
the part of the company, • surgeon who had afterwards
attended him, Mr. Beckwith, the plaintiff's master, who
was • passenger in the same train, and Roscoe, the driver.
There were no wideness called on behalf of the defendants,
their counsel relying on the facts elicited upon crow-exami-
nation,

The Laid Chief Baron, la summing up, told the jury he
wee dearly of apietea that the essapany was liable for the
af tbat Neende. end that the only question for
wee the amount al mispeneation to which the
plaistilf was entitled.
The jury, after deliberating for about an hour, returned a
verdict for the plaintiff—Damages, 760 L—With this case the
sittings terminated.

COURT OP BANKRUPTCY.—Yarraapay.
Bobs* Yr. COMallosiomer FOetliMOS.
BIISPINSION 01 CIRTIMATB.—FteIdar Lad Bradbury,
lace merehants, of Thavise-inn,applied for their certificates,
supported by Mr. LIIITSIM. There was no opposition on
the part ef theankplikla.—His Honour, observing that the
baakrupt Mier 101 l been insolvent before, that his even.~
dittos had eireadad b profit., and that there were link
or No sinia,supowled his certificate for six months, with
pralsiksa. That et the other bankrupt, who had only taloa
a sabardiaata part in the business, was graated forthwith.

INSOLVENT DEBTORS' COURT.—TirraRDAy.
Detre Mr _ Cd-firma I. _

IN kV WILLIAM RIMY GLIFIFOOD:BLLL

PAID.

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Ths insolvent, a 'hair sad sots saber, wu opred on
the part of two persons who had discounted two aeons-
btios bills," with white the insolvent and two persons
in the Tower had been eaeassled. The insolvent had " lent
his name "to about 1601 bilk with the other
parties. Oas bad been dlarh fader the act, the
mond now prostate& hiwartl, the third was 'spooled
in a short time. In on. blew tea dialeastiag party
took about " seventy" par NM, and the insinst gave an
Maaaat~sh~owing that is the saw imam a farthw rata el
Mane rd beta ?Mini. Omni Wad it a reataad for
the aeseetatodadea hill treaseseine, and ea the akar al& *

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POLICE.—YEsm&DAT.
0 . D0.10143.,Mt8 3 4g. 91 Do. de.
MANSION-HOUSE. =ors OP Fonom. w. RAILWAY BILLS IN PARLIAMENT.
Wilkinson was charred with having uttered two a twenties DISPOSIM 07 DT matutaas.
cheques upon the banking house of Hanky and Co.,Res. Before Mr. May.
church-eireet ; the one for 2361.105., the other for 1.541.17e.ed. Bkkiethead, Lenesehire, sad Cheshire Junction. Stand.
idr. 0. Barseti, cashier la the above beak, said, as the big cam olgaPlisti with.

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it was stated that " moron " wash aet.tnded to the cow
sidemlisa of the mart If they way paid as. hill out of
thap preassied themealem—Mr. Cenunissioner law
said be should me &Whinge the insolvest, lest he sheald
he lei es rumps* be mar an beam roam la his ophdos
there bad been antler Iteasety are respectability in any of
the parties.—The Modena was remanded kg four ealoadar
maths under the disaratimary dom.

Iron= Zan,TATI.I

112 103.
• 22 Mad.
P 23 23e.d.
1111V1e.d

41i •d.

CENTRAL CRIMINAL COURT.

OLD COURT.—Yurnomoy.
Mors Ms./swiss Cramp 1.
Posr.orncn Itannnum—ii. Bream sad .T. Witham,
two Post-eSse istarr.carrkru was Nuristan at robbing lat.
ton containing asusy.—lirmtaass Ashen&
G. Mks was slat Nadal he sloollag s NUN containing
Chatttwo tomparorpitass and wisp stamp. Viand Not
y.

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