The Express.
London, England, 1849-01-18 00:00:00

COURT OP BACAB9I:II6IL—YmenstiAT.

MI iii Beam
Co: v. THI NIDLATIr CILWALT CONT•3I7.—A. BAIL-
W•T Cons AXT WILD NOT MARLS 101 TIM EXPISSIS
or 111110• L ATTLID•1101, 'nommen ar emus own
lifinvairre 101 • P•10/310111, WHO HAD 1101T1IIRD •
wenn Annusant.—JUDeltalte.—This mean action by Mr.
Cos. en eminent at Biresinghua, to recover oom-
peasselen ihr ptefemi gal nervier rendered to a premier
who bad eared how a melees aceideat while travallies on
the deleedemle line of railway. He we in humble dream-
itasess, sad lad previously hew employed as a porter or
bewarem by ibe defeedasts. Alta the accident the station-
master plural him la as ice neer when it occurred. And it
yperei thee IMO se two pinions occasionsof similar
emergency al- wasalled in. and the company paid
be the earelembreenimedby hint. The accident ia thin in-
seams wee es drogerees. rid the seceesary sergialoperations
diMk. dos relimme lbws Bi was considered
ile TM saga were represented to the station-
master, who authorised the legal to proved to Bir-
mingham, for the perms of koaring the required ar4st-
mow He did so amordianly, and oa arriving at Birmingham,
ismalled the deiesdeate' superintendent, who concurred in
the necessity of having the beet available surgical aid. It was
determined that the plaintiff should be called in. He was
amerdingly welted upon. It was then an aneeesanable
lour of the night, and Mr. Co: was, with the other sturgeon,
immediately despatched by the superintendent in a special
train, to the place when the accident occurred. Mr. Co:
arrived is time to perform the operation, and saved the pox
man's life. An action we afterwards brought for the in-
juries the sufferer sustained, and the defendants Tempo-
Willed it by the payment of 1501. The innkeeper sad both
the surgeons were left unpaid. The defendants asserted
they had diacharod all demands against them respecting the
transaction by the payment of the 1501., and that they would
resist any farther claims. Actin's were moo of erwarda
cemmeseed aearist the company by the plaintiff, the
other wpm, sad the innkeeper. They were set down fir
trial at the last amen for Warwick, but the fact of the de-
fendants' liability being the main question in the three
caws, Mr. Cue's was the only ate substantially tried. In
his, as well as in the two other cases, a verdict was entered
foe the plaintifh, subject to a motion for a nonsuit. Rules
Wei la the three eases were enbeeqaently obtained, and
beet" been argued at great length, the court took time to
4/82M1F. _

Mr. Berea Parke delivered judgment yesterday morning.
Ta learned jadees who bad heard the arguments were of
opal= that the defeniants were cot liable for the coatroom
thus catered hats by their tenants, and that the rules to
enter • await ought to be made absolute in each of the
three aim For the plaintiffs it ens argued that in all cases
of widens as railways, the garde, station manors, and
other oaken in attendance on the carriages, had as implied
anhorin to tunny sersecons or medical persons on behalf of
the companies, and render them liable or remuneration to
each medical men. that position was contended for on the
ground that such an authority was beneficial to the cont-
panes themeelns as well as to the public. It ,
wee therefore coatended that that authority was incidental
to the esephyment of those oa=rs. It was farther
urged that, even though the law implied no each authority,
la the present eases there was evidence to show that the de-
fauleate had arehrred it on their servants In three dad
tar aceidents which occurred previously, medial men had
ban employed, as is the present ease, to alleviate the auf-
fano or passengers, sad the defendants paid that The
court were of *piano, however, that those man were not
saffeiset to warrant the prim** eontended for by the pan-
da; for, theme threecans, the parties had suffered
Gem the sandesse were in some way connected with or em•
played by the company. The garden *a this ems was. had
the delleadaae servants, who gave these orders, say autho-
rity, by the pcsoipies of law Ming to luck matters.
to bind their employee? The men were unanimously
ef opinion that se ash authority or power wen
conferred upon ispeattendesta, of stance-neaten
of railway% empleysesa- There meet be an
=authority. The dahnieses' somata whopre those
ascii preensly to theism roltlem as reseeded their
power to Sind their employers, as ae servants of aay other
easepeay er patimereldp. If a fell hem the root
of ama and was namely wed, weld it be contended
that the mamas had any imphei wathcelty to bind the
owner of the vehicle to pay he any prafsmbaal services the
areehmesa amen it to employ for the liken' the poem-
ger ? Certainly ant. The seen were of spiaion that each
an mama mid sot be maintained. It was true, it might
be sash the 'weer mead be bassinet by the ireatract if liable
to the parsagerthr the essideat. Bat, ft should he recollected
it would porjedise him "ay .aerially if ha was sot
se fiats A servant had se implied authority to pledge hie
.ester's credit, except to that utast which became abso-
heel, maw se, for the discharge of the duties required of
him min ordinary eircanstenesa. When extra
case, enairing an exam of those ordinary doties,rroetwirre
it was the eernat's duty to se kis employer for farther
pawn. If he thought proper to Om orders without
theme farther pewees, he emsW sot bled his employers.
The rule of law upon that subject was perfectly well settled.
Ia 7 " Nelson aad Weleby's Reports," page 596, it had
been decided to be the admitted law of the lad. The de-
Madan should therefore be held en liable to the present
plaintiff, and the pleistilis fa the two other actions in
teatime so entered late by their servants, in excess
of their ordinary dada It skald not be sup-
wh
poseod from that view of the law that persons
suemin injuries an =Sways would be less likely to
ebtaia medical aid, Ia Ilia Sem the sufferers would be
entitled to rower ham the empaaies the fall amount of
their expenses. No bed resales avail emanate heat this O-
shawa, bet If the oppenlos view of the awe had been takes,
the utmost iessavenienee to the Falk and to railway cos-
=meld mow The main in the three awn *Wad
e be Sis elide, and the sales mode absolute to soar
a aeasait is soh ease.

SHERWIN; COUILT.—MISIDAT.
aft* Vadersbarlll Duraimi WI lipoid J. 4..
WAnowanin AXD ANNUM{ I. Tini WILIAM Nortualur
AISIE&T.-00wassugin Odionso—Tilis ral a dais ke