The Express.
London, England, 1860-07-05 00:00:00

late Intt['taut.

COURT OF 9IIKENI3 BENCH-JULY 4.

SECOND COURT.
Rittinp at Nisi Prim.—{Before Mr. JOO6lOll Hill and
Common Juries.)

11111 Pa r.

Mr. Joyce was cotuuel for the plaintiff ; Mr. Berje•nt
Petenderff represented the defendant.
This was an action brought by the plaintiff, • boy :of
twelve years of age, by his next friend, to recover mon-
peneation from the defendant, an elderly person, residing at
Bromley, for having set • dog at him. It appeared that on
the 17th of April a butcher's boy had put • little boy over
some palings leading into a passage to the defendant's son's
house, when the plaintiff, who happened to be passing by,
went to see what was going on. The defendant came out,
ran after the plaintiff, boxed hie ears, and set his dog at
him. The animal bit the plaintiff's leg, which had to be
motorised, andhe had suffered much pain.
The defendant denied that he bad set the dog on the boy,
and gave him version of the story. Having been much an-
noyed by troublesome boys, he boxed the ears of the
plaintiff, who ram away, followed by the dog, • French
poodle of the most quiet and amiable dmposition, and
which, when he bit the boy, must have done so under a
mistake.

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The jury evinced their appreciation of the canine blunder
by awarding the pkiutiff 151. damages.

COURT OF COMMON PLRAB.—Joix 4.
littinp at Nisi Prim in London.—(Before Lord Chief
Justice Erie and a Special Jurv.)

YOUNG V. ME LONDON OICNINAL OWNIBU3 COMPANY. -
AOODMICT.

This was an action to mover damages for injuries which
were said to have been inflicted through the negligence
of one of the defendants' servants,.

Mr. lioddlaitak Mr. GriMts, and Mr. Levy appeared
for the plaintiff ; Mr. Tindal Atkinson, Mr. G. Allan, and
Mr. Giltard for the &shading.
_ _

The plai•tltrs Meant eenethe Perseverance omnibuses,
which run from Weembener to the Adelaide Tavern,
Chalk-arm ; and the yam, on the 11th of May last,
was croadaetee to aro alarm Oa that day this particular
omnibus wee mild up, an to enatoni, at the corner
of Tollealuen-meri-road and Odord-street. Whilst the
omnibus was shatiteary the plaintiff, who was standing on
the mound, was in the act of lifting a carpet-hag on to the
roof, whim an omnibus belonging to the defendanta came
up behind and " polled" the plaintiff, striking him on the
inn and the aide. The plaintiff went on with the omni-
bus to Chalk-farm, but when he got there be found
himself so unwell that he was obliged to go home in a cab.
He went to Dr. Woolley, who examined him, but found no
external mark. He thought at first that there was an in-
jury to a rib, but he found afterwards that no rib was
broken. There was probsbly some internal injury, as the
plaintiff stated that he had spat blood. Finding he did not
improve so rapidly as he should do, the doctor advised
change of air, and the plaintiff, in June, went out of town.
The doctor's opinion now was that the liver had been
squeezed, and he thought that the plaintiff would not be fit
for two or three months to stand aII day on an omnibus, be-
muse the shaking might produce serious disease of the liver.
The defendant.' case was that what had happened was
purely accidental. The plaintiff's omnibus was standing,
contrary to regulation, with the foot-board projecting over
the crossing ; and the policeman on duty waved Lis hand as
• signal to the driver to move on. The driver obeyed, and
the-horses of the defendants' omnibus, without anything
being dune by the driver, moved on also. The evidence
of a police sergeant was that the pole " touched" the
plaintiff's arm, and that the plaintiff thereupon put down
the bag and went to the sergeant, and said, " Did you see
that r The version of the defendants' driver wee, that
when the plaintiff's omnibus moved on without any order
from him, it caused the plaintiff, who was standing on the
step, to lose his footing and stepbackwards, and that in doing
so he came menet the pole of the defendant,' omnibus.
The defendants' driver tdmitted that a fortnight afterwards
be had gone to the plaintiff and proposed terms of settle-
ment, saying that he himself should have to "work it out."
This, however, it appeared he had dune by direction of
the attorney's clerk, who advised an attempt to settle
either than the incurring heavy costa.
Dr. Haman, who had examined the plaintiff three days
ago, said that there was " nothing the matter with him."
He wee weak, but certainly there wee noorganic disease, and
standing on the board of an omnibus would be " good for
him." (Laughter.)
Another doctor gave similar evidence.
The jury, after considering the matter for upwards of an
hour, found for the defendants.