The Express.
London, England, 1858-01-27 00:00:00

COURT OF EXCHEQUER.-JAN. 26.

(Bitdap in Banco.—Befor• tha—Lced Mat Baron, and
Barons Martin, Wallop, and ChanadL)
Intlllll/1 O. THI LANCAJHULE AHD TOlllllll HAILWAT

CONTAXT.—LIABILITT Al CAJLIITIL.
This was an action broo to recover 26L, for damages
enstedned by the plaintiff's Um, while Whig conveyed from
e=dto York. It was speed sit the trig rat the horse
yes in the defendant, truck width was apparently
mdlledent for the conveyance of live sleek, het that, in far,
it wee not sufficing, and that dairies ***arm the hares
blind Waaffh it, and so sweramd dr dem= mentpised
et. The had signed the wad WEI given the
esospeny, to which was =period the blowing note —' Tide
tither le burl in*er to • the owner's undertaking all
thin of reverroe, loading and =boding whatsoever,
at the not be en
the for any
Wry Sr (howsoever =need) occurring to
live roc& el travelling op= the Lancashire
sad Yorkshire sr their ye On On this state of
fare Yr. Baran Wrenn Ikeda' a verdict by consent,
=Nor to the =ran whether the specific iAjury was
cowed by the Illimesedaza to the ticket, and if so, was it
am vinesessabis bwrifts of the liability imposed upon the
tiehmarts as emu= eirthers. A rule was moved for last
tens le age the meth Ike the defendants, and was argued
fun pew= tens, whir their lordships reserved their

The court now gave judgment, directing that the rule
should be mode ebeolute, declaring that the defendants were
not liable.

—intimate! der the defendants accordingly.
(Sittings at Nil Prim st Onildhall.—Before Mr. Baron
Bramwell and Canoes Juries.)
ILIAD V. LINO.—~ YlacmzvOC. D 008."

Mr. ilerjeent Ballantine and Mr. Hall appeared for the
plaintiff • Mr. Locke and Mr. Robboom were for the defence.
Thclie, • silk broker, residing at Lee, in Kent, sued
the a medical gentlemen of Eitham, under the
following circumstances —On the 9th of May that the plain-
tiff was driving a mare, which be manic 601., in a
and on passing the dafoident's bows, four little
known to " the fancy" as who-Mired and Alm terriers,
roe oat and attacked the sera byberking of
at her heels. The animal, mamas' to theisirl=i
account, ben it very well for some time, but at the leak
fright, sod after plunging and kicking, daring which he
sought to eontrpd her, and to drive away her assedlesth she
tell Emmund woe severely injured. The 's
bill wan 71, the repairs to the Ason cost 11:16:•=y
m
the =Wel was sold at Aldzldgs'a for 331„ for width beam
ei* ecrepwittlon.
The More we, that the dogs, which were doter/bed In
the thederatios es " ferocious end mischievous," were per-
=WM and boneless, one being totally blind, whim in
tbOweses of seeing and hearing were eseseidwebiy
impaired. ' A host of wieners% meow whom we • pelles-
owtabh who had known the dap for thirties yews, were
examined as to character, and sane of than who had sh-
amed the 0031111111611111 Witold the ft map swisined by the
to the feet that be had endeavoured to whip the &et
gaghrst barked es the veld& pared by. The defendant
also swore he did act boraw that they were in the habit of
Mrs.
bests&
Kr. Bra owaming aid the jury should
find for the WWI K they es the doge were mis-
chievous, mil Wt the deliwbot know It, and that the mis •
chief rewind Ihwelbow. If they ware of opinion that they
had a MiKaliSTollll tendeney, and the defendant did not know
it, or that if they had and he did know it, and that the
mischief was brought about by some act of the plaintiff, then
theA.ro., dud for the defendant.
631 jury found a verdict for the plaintiff damages,
10s.