The Express.
London, England, 1866-12-22 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF COMMON PLEAS.
SECOND COURT.
Sittings at Mini Prins in London.--(Bef ore Mr. dual
Keating and a Common Jury.)
BEST V. BIRD.
This was an action to recover damages for pentad
injuries.
Hr. Kemp appeared for the plaintiff, and Mr. Saimaa
Hayes fur the defendant.
Miss Best, a you lady 15 years of ap, ti.
daughter of an upholsterer in Fulham-road, was about tia
middle of May, 1865, walking along the Brounntaia.,..A
when she met with the accident upon which tin mil;
was founded. She saw a dust-cart coming along as a
furious rate, with a man running after it slim*
This cart belonged to the defendant, who was tail
dust contractor for the parish of Kensington.
passed from the roadway to the footway ; and trui,
it neared the plaintiff, she fainted and fell, and a slog
passed over the lower part of her back. She was, d
course, severely bruised, but no bones were broken, at
she was under medical treatment forteut six were
The doctor said that there was no pent injury, hi
the plaintiff herself said that she still felt the orm,
queues of the hurt. Soon after the accident the Wei,
dant offered, without prejudice, to make the plainiig a
present of 101., and to pay the doctor's bill.
The defence was that the defendant himself was Nil
liable, the circumstances being these :—The defendant hit
entered into a subcontract with Mr. Lees that Mr. Lou
should remove and sift the dust for 13d. a load, the d►
fendant findivg horses and carts and Lees men. A esan
Lees's employ was in charge of the cart when the maiden
happened.
The jury assessed the damages at 301., and M14)(011468'
of the defendant's liability was reserved for the full aarna„

COURT OF EXCHEQUER.
Sittings at Nisi Prins at Guildhall.—(Before the Led
Chief Baron and Common Juries.)
warriezwa e. TUNGEMON.
This was an action by a little boy through his fatha
next friend to remover damages for personal
The defendant pleaded not guilty.
Mr. Pearce appeared for the plaintiff ; Mr. Digby Boy.
wont, Q.C. and Mr. Sawyer for the defendant.
The plaintiff was seven years old, and the son of a eless
maker carrying ou business in the North Woolwich-reed,
and the defendant was a shipchandler, at the Vietode
Docks. Early in the evening, in June last, the plaiatil
was playing with some other lads opposite his father's
house, when a cart belonging to the defendant Tin eft
him, and not only broke plaintiff but severely lacerate(
his heel. The use
for the was, that the out,
which contained three men, was driven rapidly 44
tho North Woolwich-road from the Barking-rod,
and came so close to the curb as to strike fee
against it; and that in consequence of its speed theler
had no warning of its approach in time to get oat of the
way. After the accident the driver went on as it tot*
had happened, and some time elapsed before be ee
stopped. The plaintiff was taken to the where
he remained in danger of his life for several days, aid
although now it there was an apprehension that hs
would be permanently lame, and unable to follow say
active calling.
For the defence, it was said that the boy had cent+
buted to the occurrence by his own negligence. It sp.
Ce4that the cart had been in charge of a man and
diries. the defendant's servant ; but, moon*
to the defendant's witneases, he got drunk, Id
having called in Gravel-lane in the emcee of
route, he invited a friend named Gray and moths
mane,
to have a ride, that tb-y both got into the
cart, and proceeded in, the direction of North Woolwich,
but Gray finding that Humphries was unable
drive safely took the reins out of his al
and drove himself at a steady pace ; that tie
accident happened when the horse was only hot*,
and that it was caused entirely by the plaintiff, ‘lll
was playing with a number of other lads, running gaol
the cart.
roof of this version of the affair, sad
Gray was called in p
swore that he was perfectly sober and driving vary slowly
land with great care as he turned into the North Woolwich.
road. Humphries was not put in the box.
The Lord Chief Baron, in summing up, told the jail
that, whether the cart was driven by. Humphries, a
whether, feeling himself incapable of driving, he pre 4
in charge of Gray, the defendant was elaally liable,
as the law imposod upon him the obligation et
entrusting the vehicle, when in the public highway,
to a competent and careful person. The only quieten
was whether, in their opinion, the mischief was anal
entirely by the negligence of the man who was driving the
cart.
The jury, after an absence of an hour from court, found
a verdict for the plaintiff—Damages 101.

COURT OF PROBATE AND DIVORCE.
YOUNG r. DENDT AND OTHER% (PART HE %Rl*
This morning the various counsel have begun their
morningspeeches in summing up their respective cases but tha
trial is nut likely to conclude till late in the evening.

COURT OF BANKRrPTCY.
(Before Mr. Commissioner Winslow.)
IN RE rnwaith sIIITE.
The bankrupt was a physician in practice at Nereid
BM liabilities—a large portion of which ariee in respect of
calls made upon shares in various public companne—
amount to 30,000 f.
This was an application by Mr. Reel on bebal of*,
bankrupt for an order restraining the atngseet from tro
cee'ling to a public sale of Lis turniture, U.,
under the following circumstances:—A valuation of
the property had been made at the issues
of the manager to the estate. and hanki
the iipt's Mese
were willing at once to pay over to the assignees thetas
of 435/., being the amount of the valuation.
I An affidavit was read showing that UV. was a fair
value for the property, awl it was submitted
that an unnecessary hardship would be indicted upon dis
bankrupt by proceeding to EL public sale. ..
Mr. Miller, for the usiguees, was heard in oppontioa
I
the application, and
His Honour, upon the authority of the case
lodf
tilt
t oLne/tyo reportedpoe to in I
interferace °:itrtihepaeo9ngeeh, more paw
ticularly as lie repudiated the siithori 5, of the manse
to obtain the valuation, and he therefore diudused Uu
application.
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