The Express.
London, England, 1859-12-12 00:00:00

COURT OF QUEEN'S BENCH.—Dsc. 10.

Sittings at Nisi Prism for London.—(Brian tbi Lad Chid
Ando, and • Spada Jury.)

BATLIN AND •NOTHEN O. {LATIN AND Aturreen,
This wee an action brought by Soma d Baylis, se adonis-
name of hie deceased wife, under the 9th aud 10th of Vie-
nne, cap. 93, known as Lord Campbell's An, for I. no-
rm* to him end his daughter through the dealt of hie
wife, which was caused by the nmiliencie si the detrains
servant.
Mr. Macaulay, Q.C., and Hr. for the
plaintiff.; Mr. Bennet SO andlarale=rat the der-
Innate.
The plaintiff is porter led beembesper in the Matzepoiftea
Counties sad Olean' Idle Ammonseand AlmOy, Lead
'sweetmeat Society, ei a eakry of 16e. emit, ewes, oak;
do., being likewise allowed be him; the dedendente, Mary
enter and Jame Limed Cone, eme bonnie
Market-nreet, Jennyn-erreet. It would nem that the
='s wife. who wee 69 year. .f age, Mft the office on e
sing of the 6th of February lest benne 8 and 9.
BM bed mewed from the north side of Jermys-street to the
nun, MI bed emceed 3or 4 yards on the croestug to the
Wm eW of Bedentrareat and in the direction of the Hay-
msebd, who the Mindsets' corned von or cart, laden
with Memos I mt. and 3 own. of meat, turned the owner of
Janam-etneet en Me way to the J tinier United Benin Clnb,
and coming is isatect with the cleansed dm was knocked
down, both sheen going over her fen. The poor
we ma neemfteetily conveyed to Bt. Oeorge'e Ho.pital
Who soy adiellen was paid to her, neverthelem oho died
Odds de den he esesequeace of the Minis' which Ma
• reedved. Thmemen, in order to enable him to retain
lie peel et the Inemeco-offloe, the plaintiff was obliged to
and swan of his dereertnere, who had a eftuatbn!worth 361.
a- year, M give up bet pine, and none sad live with him.
At the on time it we apparent he could only rectos upon
the services of his daughter temporarily, as she was not
obliged to obey him. At any moment, therri ore, he was
liable to the ummin of nmligto
_hire a female eaststant.
oddities, Ids pumped Milk Orienne &SBA, who was only
moth{ 's
ise, had hem apnea of the advantages at •
e and eel lb e. she too was en-
titled to piemini7 eengemeles. The ddadeess hod paid
101. Mini- the lima apogees et Ow deseweL
The am we wwalesiwpalwi am Ile moat category
of minim down on as to the aspay e 1 eideleg at the
mod into.. Oa the one side ft Oas abed do tle ewe wee
beteg drives at • very rapid rate down hogniltme. and
on its mom ids; that the driver, • lad, biliebeedel
loosoly, end that in turning the corner he bes Obi pew
neat. Oa the other side it wee urged Ike Yee deemeil wee
benelf so to biome for the ecaldma. Ike was 4S old
wawa,.*toted with bra made, mid we imam rd shag
wee around her. The via was Mimi a Wenn n-
evem& mileesitheininkifteddesrbeilltallooedont
to the woman as soca se be saw her, wed he WI outmoded in
checking the pen at which the how was sag. Beane
which he wee driving quite at his eledd eYA ind bed bike •
sweep of some yards in turning tae I sheet. How-
ever, upon cron-examintiou it was elided hen the Myer
of the vim that the home we. a heammied very

dlionit to pull up upon some occasions. And aitothir
pelet atreagly adopted by the plelutit'e counsel was the dr-
eturmleacs of the van being covered, whereby the trines
led of weans on the footway would. be very much im-
peded.
The Lord Chief Junice having summed up the evidence
with great cleerness told the jury thm r they should be
'pinks the deceased had in any way sentributed to this au
dent the plaintiff could not recover, ems sithregh the mu
might have been drives at an hapropereatedipeedidallenlb
WNW Ide. lf, ea the other head, tikeli Mead Am
the saddest had hem wholly caused by the el the
defendant-' servant, the plaintiff was entitled le istr
the lose he bed sustained, ether direct peendoey lam OF
such sa might nuttily be estimated pecun.y. la Me Ike
child, it was perhaps difficult to estimate what the Ines els
mother most be held to amount le; at the MY On% be wee
bouod to were thee, they could sat tele foe eseeme the
'aguish of mind sad shuck to dm inners emelt by the
sudden depriestim of a Ink or parent la ea action like the
praent.
After some consultation the jury returned with a verdict
for the plaintiff—dimwits 1001. fur the hugged, and 251. for
the child.

CLARIS V. THE MIDLAND RAILWAY OOMPAILT.

This case rains • very important question as to the rights
of carriers with respect to goods oonnadtted is their charge.
The declaration charged the company with the oceversion of
coals the property of the plainest!, to which the defendant.
pleaded, first not guilty.l wad esoondly, a denial that the
reale in question were the good. of the plaintiff.
Mr. Bovill, Q.C., sad Ms. J. Brown appeared for the
plaintiff; Mr. Ormend, Q.C., and Mr. Haim represented the
company.
The plaintiff, Mr. Stevenson Clarke, lea coal factor on the
Coal Exchange, London, and be brought thia action to
recover the SUM of 3081. 19s. 3d. from the company, being
the vane of 363 Was 2 cwt. of code, at 17.. Bd. per ton.
The circumattoces under which the onion was brought
were these : —ln the autumn of 1847 Mr. Clarke
bought • largo quantity of coals from the West
Stately Colliery Company, Yorkshire, be making large
advances by way of payment on the cos* to the extant, at
least, of 1.2204 From time to time various quantities of
cods were forwarded to London by the company for the use
of the pinging by the detendanue railway, their habit being
to nee the waggon. of the defendants, but marking them with
Mr. Clarke'e name, and at the mune time forwarding him
iavokee regularly drawn up. It appears, however, that the
Snavely Colliery Company had entered into agreement with
the Micitaad lisulway Company, whereby the railway com-
pany ewe to imam Manly Colliery code along their line
ois monthly media, the railway company, on the other hand,
havlag a general lien lac any balance doe to them on all the
coals o 1 the company tommaitted along Beth being
the relations between the punts, ft would ages that, on the I
god of March last, the colliery company forwarded to
the plaintiff by the defend.nte' railway 188 tons 8
cwt. of coal, sad as the 6th a further quantity
of 199 tons 17 cwt. Before, however, these web
bad reached Mr. Clarke, the ettavely Colliery bed gat
into great difßoultien and owed the railway company for the
carriage of cods no lee. than 1,6001. la accordance, there-
fore, with the general lien which they had on all fictively
coals, the defendant■ detained the plaintiff's cos* end
hence the present action ; sad the question to be determined
wen whether each • lien ought to prevail against the right of
a collinear* wean had actuady !Aid in edema ler the goods
consigned to him.
The Lord Chief Justice directed a verdict to be entered br
the defendant., giving the plaintiff leave to move to enter it
fur him for 8081, 19.., the value of the cool&

COURT OF COMMON PLIAL—Dsc.IO.
Sitdags at Nal Prim la Leadca.—(Batas Lord Mat
Junta Erie add a Comma Jury.)
♦aroia V. BCCILIPOSAIL—ILIONT OP 1110011X0.

The plaintiff in this awe lea fencing-master, in Bead-
Wrest, sad the defendant se a farmer, .t White ask Lodge,
sat Crawley, in Oxfordshire. The plaintiff had negotiated
ter taking some shooting from the defendant, Intending not
wily to =nee himself, but to let out shooing to other gentle-
men at so mock per gun. An agreement was prepared, in
which ft was stated that the defendant would let the shoot-
ing over Chew Wood and Stratton's Fenn, and would engage
to obtain the shooting over tire other forme, but there wee a
pencil addition put to it that the ahootisg let woo only that of
Chase Wood and part of Stratton's Fan, and that the &-
foxiest would use has best endeavours to fibwin the shouting
over the other farms.
. . . .

The plaintiff claimed damages upon the pound that the
defendant had no power to Irt the whole of the shooting
which be proptatid to lot, nor to engage to obtain the shooting
ever the other farms. . .

His lord.bip ultimately directed the jury that if the pencil
addition ... part of the agreement there mug be a rerdtot
for the defendant, but if DUy for the plastid.
The jury, after couttitterner the =tote fee scam time, foturd
for the plated)(—dereasei 301.

SECOND COURT.

Sittings at NW Prise is Lood..a.—(Bakas Mr. Ilona
Dyke sad Common Jury.)
JACLION AiL,01.11.-81.AND1114

Both parties to this eructs are accountants, and the action
au to recover damages for slander.
Mr. Dig &yaws, sod Mr. Peace appeared br the
plainud, and Mr. Serjeast Perry and Mr. Barnard for the
defendant

The plantar, ore was that he took cars, in March ter,
in King-rivet, Cheaper, of Mr. Young, at 20 guineas a-
Yar. In August the &rudest, who wee a avenger to Mr.
oung, called on biro, and altar roortering that the µLela-
nd bed not paid the rest due at Midsummer, told Mr.
Yours that be had better look after it, fur the plaintiff had
decamped from hie lest 1304/10 without µeying his rant. On
Mr. Young a:peering some doubt ea to the truth of the
almanaloadon, the drandeat rid he would satisfy hint that
the plaiting wee not reipectable, for Its had obtained
goods ci a gentleman whose name ha mentioned, under
Wm pewaites, and bad not paid for theta. The defendant
let his cod, and said be could juattly e hat he had said. Mr.
Young thereupon metre:ad Las attorney to apply fur the
pale. Ire rent, Irbicb wee ern attotwards paid.
The defeatism's aro tom, toot he hod beau employed by
Mr. Hall, en tronasongsr, t. colect from the plain/id a debt
of Itt. er for goer suppled. sod that in aneseriug to lied
the plaintiff the satervesor rritb Mr. Young wee brought
show That Mr. Yesor'e ressollectiou r to the word. used
wee retteraty inreinuch no the dakeder never said their
the Narita hod obtained matey by Wes preirea.
Ti. jade kit tbrae gut sauna to the pixy—firm, whether
the diadaat red the wards Was ft/Meuse; if sot, then,
secondly, whether the ober cord. awe spoken coecerning
rootlet:lf la Ma briers aen soroanteat ; sad thirdly,
Ms dologoat's oronsooksoloot to Mr. Young