The Express.
London, England, 1859-08-11 00:00:00

AMIZE INTELLIGEZICI.

HOME CIRCUIT.—CIoYOOO, Almon 10.
(Bone lir. Judos Crowthr sad • Spada Jury.)
DIXON O. SMITH.

This was en action of Sander. Mr. &dent Shoe sad Kr.
Pristine were for the plaintiff ; Mr. Montagu Chambers, Q.C.,
end Mr. Hanymen were for the defendant.
This male conainocced on Tuesday, sad wee adjourned
until Slamming. The plaintiff, Mr. John Dixon, is a sur-
geon sad general molted practitioner, pesedsthe at Bee-
monney, and the defendant is • rope maker re, d deo a col-
lector of rants in the non neighbourhood. The slander im-
puted to the defendant was, that in the month of January
last he told a person named Dans, wines family the plaintie
had been in the habit of attending, that one of the plaintiff's
servant maids, named Snob Milner, had Rene home in the
family-way by him, nod that his wits had left him in conse-
quence. The effect of this communication wee that Mr.
Dews declined to employ the plaintiff say more, and, upon
his asking hie totem, be told him what he had heard, but at
first refined to give up hie author. The plaintiff, upon this,
Untreated hie attorney to communicate with him, and he
then meted that the communication had been med. to him by
the pretest defendant, and thie action arose In consequence.
Mr. John Dixon, the plaintiff, deposed that he had prat.
Used at Bermondacy for five er sla pews, end had afforded
the family of Mr. Dews, and also that of the dethadast. Ica
1866, a young woman named Sarah Miler was Is his ser-
vice, bat she left in 1868, in the month of May, end In eon-
thquence of what be afterwards heard, he discharged a young
man named Godfrey, who &misted to dispense metheinee,
Anon his service. He believed Milner wee in the family-way,
and that Godfrey waa the father of her child, and he dine
charged him on that account. He had been retained to
attend epos dm Dews in astidpation of an event that wee
expected to occur in On month of April of the present year,
but he nerd in Jane that the event had occurred, and that
another mediae' man had been employed. He made some
inquiries tilde Dawe, and he told him that the reason he
had net mow& him was in ooneequence of the reports that
were sloth We his aerrent bad gone home in the Zanily-
way by him. Ha asked Mr. Dawn to tell him the name of
W plena wile had made sect a statement, and he at fleet
reined to glee it, but ultimately be named the defendant.
In anew" to canine pat by Mr. Chambers fn crow
examthatioe, the plaintiff sold that be believed the rumour
Ant assasted from the nether of the lad Godfrey, and he
went to bre and threatened legal proceedings.
Mr. Jobs Dose deposed that in January last the de-
fendant called at his honor, and in consequence of what be
said et that time witness declined to employ the plaintiff to
attend upon hie wife in her accombement. The defendant,
la the conversation alluded to, said, ',I don't like Dr.
Dixon and especially after what I have hard." Witham
asked him to what he referred. and he said, "to hie semen
girl going away in the family-way by him." Witness's
wife asked if it was true, and be replied, " Oh, that's true
enough; it is in everybody's mouth.' Witnen's wile said
that she had heard ennething of the same scat from heir
washerwoman, bet en did not believe it; end the de-
fendant then and, "Oh, it'. ea true as that that child is
sitting in the chair," pointing to a child at the same time
who was sitting in the room. Upon beerieg this, witness
observed that it was a very intim charge against a sealed
man, and be In ethenesece declined to employ the plaintiff
to attend any mere Ens hie fetidly.
Mr. Channels, in his addle's to tee jury for the defendant,
admitted that there eras no foundation for the charge, and
he and that it was mere idle gossip, of which the defendant
wee not the origthator, sad that be had merely repeated
what was said by other persona, without the slightest
intention of dears the plaintiff any injury.
Mr. Justice Crowder having summed up, the jury »Wald
• verdict for the plelittiff--damagee, 601.

MIDLAND CIRCUIT.—WAsyncx, Aram. 9.
Nisi Yaws Col7lT.—(Reface Chief Justice Erie)

'AMIN/ Y. LONDON AND NORTR-WISTIOLN RAILWAY

COMPANY.
Mr. Macaulay, Q.C., sod Mr. Field, imtructed by Mews.
Southall and Norm, Hirailagium, were counsel for the
plaintiff; ea: r. Me , Q.C., and Mr. Serieent Hayes.
instructed by Hams. Hayes end Co., Birmingham, appeared
for the diffrudaste, _ .

.—The pleietiff, John Fanner, the younger is a steel roller,
in the employ of Meese.. John Yates and Co., edge-tool
issaufactneers, Birmingham. The declaration stated that
the plaintiff was a pameeger in en excursion train which
left 'Birmingham for Chester on the 6th of May, 1858, and
that a cellieion took place near Stafford, the result of which
Pea serious injury to the plaintiff.
Deferilants pleaded that they had paid, and the plaintiff
had scripted, the sum of 21. 10.. se compensation for the
Injury.
The plaintiff replied, and took issue upon the plea that be
was induced to take that sum by fraud, and never intended
It to cover ell consequesom that were likely to ensue.
Mr. Macaulay said the present action was brought not so
much in coneemosece of the magnitude of the injury done to
the complainant as to protect the interests of the public, in-
asmuch as the plea el the company wee as extraordinary so
'it was singular. They amid the plaintiff had received 60.. ia
foil satishetion of Ids Injuries. It wee done in %hie way.
After the accident bed occurred the company found out the
names of all the injured persona, and then sent out their
" missionaries" to "settle" with them. They had • way,
too, of sending doctors roun I to do thin work,and he
wee very sorry to think that the profession should
lend themselves to do any such thing. Mr. Blake,
a very respectable gentleman residing at Birming-
ham, ceilledat Mr. Yates's, where theplsintiff worked. The
plaintiff was sent for, and came to the counting-house. Mr.
Blake, in • meet friendly and °coxing way, asked him if he
wee sot hurt in the accident the other day. Plaintiff replied
that he wait hurt a good bit in the knee. Mr. Blake asked
him if the ekin was broken. Plaintiff replied that it was not,
and Alt. Blake rejoined, "0, then, you will be well in • few
days." This was without looking at the knee. Mr. Blake
then offered him 405., saying that that would make it all
right. Mr. Yates, who was standing by, mid the company
might as well give another 10s., and os Mr. Blake spar
big to it he (Mr. Yates) advieed the plaintiff to take it. The
plaintiff took it, relying on Mr. Blektis statement that there
was nothing serious the matter with the knee. A sort time
afterwards, however, the knee got worse, and was
now in so serious a state that if it wee not
absolutely dangerous to life it was to limb. If, as
he had stated. an agreement was obtained from en [Owed
man by the isthmus, of a medical man used to persuade him
that he was likely to have no further injury than be then
felt, that agreement was obtained by fraud. The learned
counsel then proceeded to enlarge upon the blamable eon-
duct of medical men lending theinaelves to such purpose..
. .

Mr. Juedoe Erie, hows-eer, interrupted Mr. Macaulay,
stating that such matter, aa that were for Use decision of
other tribunals than a law court, and that it would be bettor
not to import such imputations iuto the case.
The fallowing witnesses were then called
The plaintiff, after corroborating the stemmata of conned
with reference to the accident sod his interview with Mr.
Blake, stated that he me la the habit of earning from two to
three guineas per week, bet that since April last he bad not
been able to work, in coesequi noe of the injures received on
his ham at the time of the accident. He also acknoviedgid
that ha had signed the receipt produced for the U. 10s. in
eatisfaction of all claims upon the company in consequence of
the accident.

Mr. Yates, pleintiff's employer, corroborated him, and stated
that the plaintiff did sot ask for compensation; is tact, be
did sot want to receive anythieg.
Marrs. Walter Freer, Sproiton. sad Alfred Biker, sur-
geons, wan called to speak to the extent of the injuries the
plaintiff bad sustained. The result of their evidence gene-
rally was that the Injury had rendered the plaintiff Unfit i.ir
the performance of dutees requiring violent strain on the in-
jured knee—such dude., in fact, es his ordinary employment
forced on him.
This being the plaintiff's care, Mr. Mellor addrerced the
jury. He mid he should have simply contented himself with a
reply, and would not have called witneeeee, but fur there're:ins
imputations imported into the we by his friend's melting
speech.
The Lord Chief Justice said this was not a court of honour.
He really did not think that • hasty opinion given at the
commencement t f the case should necessitate the inercduction
of foreign matter. He should ivy that the trade made out of
accidents by those who misapplied the powers of the law, end
sought out the victims of accidents, for the purposes of com-
mercial speculattoe was sufficient to justify the company in
sending agents road to settle such matron at one, provided
there were no intention to deceive. Is the preeent ass even
the agreement might have been tome to with greeter know-
ledge on the one ads or the other, and yet without any fres-
dialect infection.
Mr. Mellor, is his address to the fury said then was •
case tried the other day, before Mr. 'Ostia' Hill, on the
Northern Circuit, of a precisely dottier character to this, and
the learned judge then laid down that if the surgeon at the
time honestly believed that the injury wee elight this,
whatever eoesegeseceresued, there was no fraud. He ots.
lauded that Mr. Blake berth Ads believed at the time whet be
had said to the plaintiff respecting the injury, zed that *en-
ter* them was no fraud. The company would not have
brought the action but for the bunko' imputation of frond
throws out. They could not tell what injuries the plead(
bad received, or how he bed received them. They reboil as
the weed of Mr. Booth and the plaintiff's receipt, sod set
bearing sap thing more of the accident for eleven menthe,
dewy did sot know but another accident had orotund to is.
Jen the ma's knee, ham they &leaded the peewit *Mks.

Kr, Blasi Ina then called, sad after osineberathig the
riatay_p•not ths *afire sadism* dated that be fed the
plastid's kale, asd aged to look at lt, bat that the plaintiff
mei it w set worth while, as dare was nothing to use. lie
was sabjeetod to • seaohist oroweesiniaation by Mr.
bletorday, hat maim was dialed to show that he obtained
ths adadaada agramisst and neap by tread.
Ths asamel laving mad, awl the Wipe grad up,
deo jury Maned a vadkt for the deladeat.
Mr Muir used he was Inientated Ito ay, that setwith-
sanding this verdict, the astatine ease woad be coal-
dead, sad he would no doubt receive compenestion for the
Naas rarived, doer investigation.