The Express.
London, England, 1865-04-05 00:00:00

WESTERN CIRCIIIT.—Batsroi, APRIL 4.

NISI PRIUS COUHrr(l3•far• Ms. Ju•tio• Crompton and •
Spacial Jury.)

TAIRRORN PHI Gala? WIMITIRN RAILWAY COMPANY.
Mr. Kerslake, Q.C., Mr. Love; and Mr. Pinder, were for
the plaintiff ; Mr. Coleridge, Q.C., Mr. Kingdom, and Mr.
Toswell, for the defendants.
Mr. Kingdon opened the pleadings, from which it a=
that the action was to recover compensation (the
being laid at 5,0001.) for injuries which the plaintiff had re-
aged in oonsequence of a contain caused by the negligence
of the company s Remota on • railway which forma part of
their system near Pooty pool. The detendants pleaded the
general issue.
Mr. Kerslake, in opening the ease for the plaintiff, mid
the jury would simply have to diecharge the duty of saying
what amount of compensation should be paid, as the cons.
parry did not dispute their liability. The plaintiff, Mr.
Jobs Fairborn, was • young man about 21 or 25 years of
age, who held a situation os clerk in the Custom-house at
Bristol, and he claimed compensation for injuries he
had received, in consequence of • railway collision near
Pontypool—lnjuries which bad affected and continued to
affect him most severely, and which it was feared would
have the effect of shortening his life. la August last Mr.
Fairborn, the plaintiff, was married, and having obtained
leave of absence be started on his wedding tour, going first
to Worcester for • short time, and intending to proceed
theses to Scollsed, of which be was a native. While at
Woreester be and his wife and some friends took se excur.
sins ticket on the railway in question for the purpose of
going to Crumlin, Raglan Cantle, Inc. They were returning
towards Worcester lo the evening, and the train was run-
ning down a steep incline at the rate of 40 mike an hour,
when a collision took place. It wee • very severe one,
and • number of the pwngera, and amongst them the
plaintiff, were terribly injured. The plaintiff was found to
have been stunned sad to have blood issuing from his
mouth and nose, and he was removed to an open shed, where
he wee attended by • medical gentleman. After be had
somewhat recovered he, of coarse, had to be conveyed to his
residease. The plaintiff was first of all removed to Worces-
ter, to the house of • friend, where he was attended by •
surgeon named Woodward. After a few days, however, his
friends considered it desirable to change his professional
attendant, and • surgeon of eminence, Mr. Richard Griffi the,
was called in. He found that he wee suffering from a severe
spinal affection, which caused him great pain and led to
occasional and very violent paroxysms. Be was confined to
his bed or to the sofa for four weeks, and then being de-
sirous to be near his friends, the Great Western Railway
Company provided an invalid carriage, and his wife and his
father accompanied him to Bristol. Oa the very night of
his arrival is Bristol he was seized with& violent attack, and
Dr. Bleach and Dr. Belcher were called in. Then he wee
removed to his parent's residence at a place called Pill,
where Dr. Belcher attended him for sixteen weeks. After
that be wort to Clevedon for change of air, but finding no
benefit he was brought back to Bristol, in order to be near
his medical man. Some correspondence had passed between
plaintiff's solicitors and the company, but the only offer
that had been made had been a sum of KC by the medical
officer of the oompany. As regarded the injuries to the
plaintiff, he (Mr. Kerslake) should show that whereas
before the accident he was • bale young man in the full
enjoyment of life, able to attend to all the duties of life and
to engage in cricket and other athletic sports, be was now
unable to do anything, end they would her from the medi-
cal men that there was no hope of his ever being qualified
for the duties of life again. At the time of the collision he
was in the customs, in which service be bad risen rapidly,
and was in the receipt of an income (taking parytialtea into
account) of 1501. or 1601. a year. He had an almost certain
prospect of Haag to a first clerkship, worth 3dol. a year,
and it wee open to him to attain to a collectorship or other
high position. Now his prospects were butted; his salary
had already been reduced to one ball, and as there was no
hope of his recovery he would no doubt have to retire. The
jury would also have to take into consideration the pain
and suffering of the plaintiff and his deprivation of all the
enjoyments of Rte.
Evidence in support of the above facts having been
adduced,
The plaintiff was called, bat bad not bean in the witness-
box two minutes before he was seized with a violent fit, in
which it required the assistance of several officers to remove
him from the court to an ante room, where he was imme-
diately attended by the surgeon present.
A coaversatios then ensued between the counsel pro and

cow, at the sod of which
Mr. Coleridge said be had evidence the value of which
be could of coarse not determine till it came before him, and
the nature of which had been indicated by his cross-exami-
nation, to the effect that the plaintiff had been subject to
those lila. It was only due to the Great Wester, Company,
who were trustees for others and had a duty to discharge, to
state this. After what had happened, however, be and his
learaed friend bad agreed to refer the evidence to two of the
medial mem of the plaintiff and one an behalf of the com-
pany, sad to leave it to them toe rmine the plaintiff or sot
as they pleased, and to determine what amount the company
should pay.
The jnry thou returned a verdict for the plaintiff for the
damages claimed by the declaration, 5,0001., sabjeet to the
zstsrares.