The Express.
London, England, 1860-02-09 00:00:00

WURT OF QUEEN'S BEM/J.-FEB. 8.

Bitting at Niel Prin. Middlesex—(Before the Lord Chief
Justice sad a Special Jury.)
BRAUNSTEIN O. TER BRIGHTON AND SOUTH WAIT RAIL-
WAY CONPANY.
_ . _

Mr. Edwin Janus, Q.C., Mr. Lush, Q.C., Mr. Hankies.
Q.C.. and Mr. 11'Narettra api.vered fur the plaietiff; Mr. M.
Chambers, Q C., Mr. Creery, and Mr. F. Spinks for the
company.
Tam was an action to recover compensation for serious
injuries retulting or the Omanif trove en accident en the
defendents• railway.
Mr. Branmatein is a tea and colonial d-aler, residing at
Bruton, with a place of business in Greshawetreet, City.
On the 214 of August last be took a second-wines return
ticket for Brighton, in order to visit his wife, who was clay-
ing there. He left London. about 9 o'clock in the moraine,
and although be had a second class ticket ho travelled third-
clam. According to the usual custom, when the train
got within about 200 yards of the station at
Brighton it pulled up, and the engine was detached, in
order to drive the train en from behind. However, instead
of driving on the train at a gentle rate, through some unac-
countable negligee°e it was driven forward at great speed,
and forced with extreme violence against the abutments at
the end of the 'tattoo. This resulted ins very serious collision,
whereby many poisons were severely injured. Mr. Bram-
well), for example, was struck on the side of the temple above
the ear ; and though at first Mr. Vomit, who attended
him on behalf of the compsey, and soother medical gentle-
me were di-posed to treat the matter very lightly, in the
end moat serious symptoms showed themselves. On the
Friday following the accident the plalnbff, by and with the
advice of Mr. VorreU, returned to London, the prudence of
which step, under the circumstances, was afterwards very
much questioned. Shortly after great dizziness super-
vened, the sight became affec'ed, and other ',true-
toms showed themselves which denoted that the brain
was injured. On the 2nd of September the plaintiff
left for Harrogate. where he was attended by Mr.
Short, of the County Infirmary, and in who., hands it was
soon made apparent that the brain had been severely in-
jured.
He was subsequently treated by Mr. Hay, one of!
the first surgeons at Leeds, and although Mr. Braumatein
had been benefited by the treatment which he had revived
it was problemetical, so severely had his nervous system
been shaken, whether he would ever entirely recover. It
was a curious circumstance that this was the third occasion
on which Mr. Bratimetein had met with a railway accident.
For his attention to a poor lady on one of them occasions,
and for collecting for her a sum of 1701., he received a hand-
scull eUrer eniaff-box from the lady or her husband. Subse-
quently. on the occasion of another accident, he recovered 231.
on a policy of assurance. And lastly, by falling into the
Humber on one occasion, he loateeeeral hundred pounds.
Mr. Bretimatein suited that he was making a clear income
of I,OOW. previous le the accident. At the very least be
would be unable to go to work before DPI, August ; thee a
whole year's income would be gone. Betides that, there sal
the payeese of his journey to Harrogate, end the atten-
dance of doctors, which would make between 2091. and SW
out of pocket, independently of the loss of the year's in-
come.

On babalf of the plaintiff, Mr. Carling, the fmi e sot sur-
geon; Dr. Atdersos, of St. Mary's &spiral ; Mr.Sh ,rt, of
Harrogate; Mr. Hay, of Leeds; and Dr. Twtedte, were

Yr. M. Chambers addressed the jury In mitigation of
damages. H. would not attempt to deny that the &colds at
of which the plaintiff was more or lees the vlciim was canoed
by the negligence of the company's senants. He con-
tended, however, that the consequences to the plaintiff had
been greatly exagerreed, and that arms of the more promi-
nent aymptozus arose from torpid liver, to which the plaintiff
w.. liable.

Hie lordship, is charging the jury, animadverted on the
tardiness with which the company ecknowledged the acci-
dent was canoed by the negligence of their eervante, and on
the other band reminded the jury that they bed no yrr,..f
beyond his own eseerion of the extent of the plamtifi's
income.

Alter an absence of so hour and • half the jolly returned
into court with a verdict for the plaintiff—damages, 1,0501.

COURT OF COMMON PLEAS.-FBB. 8.

Bitting, at Nisi Prins in illiddlsoex.—(Bffors Lod Chia
Juatlo. Eris and a Common Jury.)
HVGHTS C. DUAIN.-ASSAULT.

This was an action foe an swank, and the defendant
phoned that be had interfered to protect &Alert White. his
mervant, and in thing so itecomarlly assaulted the plaintiff
Mr. Cole appeared foe the plaintiff; end Mr. Digby Sey-
mour end Mr. Prendergaet for the defecdant.
The plaintiff is in the employ of Mr. Dickins-u, • roach-
builder in Drury-lane, and the defendant la an oil end e tour-
man in the Name neighbourhood. On the 27 h Deceuita r
kat, the plaintiff and • fellow-workman were returning after
their dinner-hour, end they went under an erchway
in Wild-street foe • necessary purpose,. Whilet there
they were pelted from the defendant's workshop up
the yard. They went to complain of thi. trcatmanr, when
White struck the plaintiff, who:is a small man. Skinner in-
terfered, saying that White should not strike • men lees than
himself ; and thereupon a nut% ensued between Skinner
en] White, eat they fell. Tb' plaintiff went to help
up his friend Skinner, and while he was stooping 'be
defendant gave Lim an " upper cut" upon the eye. The
blow was so merere that the plaintiff nearly lad his slaws,
acd the wound bled freely. It was found necessary to take
him to • surgeon, and thence borne, when be wee con-
fined for eight days. He was unable to go to web for a
fortnight. The eye Mew* a light" when the blow was
given, and • similar light even now reappeared, when the
plaintiff was doing any work which rrquiied the exerche of
, • or 11#1( sight.
Mr. Jones. the surgeon who 411,4.01 the wound, said that
he had lived in one of the de:eudant's b. owe for flee year.,
and he bed ettetded the defendant ocomionally, and likearim
the plaintiff. Them was • little swelltt g under the eye, a
few amps a blood on the apron. end • ur.le bleed on the
cheek. He also dressed the defendant's knuckle. There was
no blood en it. He pat some sticking piercer on it. The
skin was eat.

The tOreMen over the plait:Mil raid be • ,w the wound after
it bed been dreesed. The Mow meet have been • terrible
ome. It made him rick when he Ine.ked at ir. He am blood
all down the plaintiff'. front and on his fa... lie sew
wound under the eye lying open. The plainiiff bad to wear
a ahade when he came to work at the elpirstion of a fort-
night-
Mrs. Dickinerm, the pltatifra mother, raid the eye arm in
ri most tearful state. It was roe on ter the eyelid, sad wee
sootiest up ; the cheek eirsa elect swollen, au.d cut on the in-
side.

The defendant himself was called, and said that the plain-
tiff and Rkinuer cams to his pier-, sod nosily demanded an
apology, which, not being given. they threatened to
Whita's head. Thoth was a squabble, std tho defendant
ordered them out. What he nest saw was a atrogglebetweeu
them, and he szteled to he the nail mil., though he was
not afraid. White came to the groend, and • itok, be wee
th•re ia a sitting riders tbs plaintiff went to bito cad shuck
him in the mouth. Witness thee, awing did nothiog but
form would pot an red to the MatteN inisifered and struck at
the plaintiff, and turned him sod Skit tier oat He went to
1,4 gee a policeman. and as his return, e,eiug that he had
bort the plaintiff, he 'imam' his minim td .eat him to
the sir ator.
White was called. sad gays a similar sec-mat.
The jury ware locked up to consider the muter, and after
a6.et as hour they returned with a verdict for the plaintiff—
demagog 2W.

This insolvent, described ats • wholesale jeweller and cora-
minion Meat, in Braad•coart, Bow-street, wee opposed by
Mr. Denney on the part of a creditor named Stirling ; Mr.
Sergood support. d.
In this owe the debts were 3,644 i., and extend,d over
seventy-two creditors. The insolvent nad beau in the habit
of advertising is the tewspapore to give "bonuses" for
&dreams, and to deptait jewellery sod duplicates as "col-
lateral security." fisted advertised for Souse years, and the
schedule w fall of advances and the deposit of prupelty.
Neely 70 parsons in the schedule held property and pawn_
broken' duplicates, which the insolvent oonsidered of value.
The ooloplaint of Mr. Stirliog wits that be bwi answered
as advertisement offering a bonus" of 51. for a loan of
201. for • few days, Be advanced 201. for fourteen dye, and
took an acceptance for 261., with ad. posit of silver watches
and duplicates. The mueey was not paid, and the treditar
could t say the value of the security be bell as deposit.
The Chief Commisekser did sot eta that Mr. Stirling had
any complaint, as there wad no evidence that he had sustained
al. as.

TG Insolvent would have bun discharged, but some
sodas onarditors wer•dedentivr, and the cane was adjourned.
(Before Mr. Cesnoteafialer Murpby.)
until 1011111 T BECH ER.

This insolvent, wire bed been lerk to the Poor Law "Guar
diens at Brighton, Woos onso in Dec-tuber was adjourned
sire die, now rippled tera protecting order. There was no
oppviiiion on ths proonnt session.
The court granted a peolsoting order.