The Express.
London, England, 1856-01-19 00:00:00

Sib) itittUtettut.

OOURT OF QUERN'S BENCH.-JAN. 18.

=IMO IN

wan OEM' MOVICI WOlllllll. LIP

nortaraelioss. NunnNey WM ciNcrne.
CASWILL r. WONT' AND 1110T111.-71INCING
NACIIIIIIIIT IN 74070111 U.

tis cab tame before Mir Orb apes a dathathe le a
plots It wee as masa la maw asegamtbe is
lee Wanes stubbed by As Odell wisillbantliC
acme, of am datoodolele at Oisespeat, is sowsgaf lb
sot thine reopetly tessal. is assedastowllOw stalsdimississi
of the act of parliament. lye dadassalas sat est Owl by
wren of the defendasle M rani haw Ow ow
Weiser, the pleintii t, awn was
blared, end Is boys eso of We sewn
The plea elute OM Ib nosiest did wet
b
fY wegleet of Ow dadlisdraio, bat by net
biethelf, hi haven we la notion a eltiviort dam. bbillh
atheed the iajarib,actelaitt the 'sprees °Men et Medulla.
Mum, well knowias it wee dangerous acd improper to
'meddle with the thaw. To this pies the plaintiff deantred.
Mr. Welatty, is support of the dt mama, coeteaded that,
bun web rthe defealanta bad ectinci mod a poetic, breach
at the act of parliament, and been guilty of an illegal net, by
mice of which the plaintiff ettstathod the iajaries in cloth
tioN, it was so answer to the action to say tits: the plaintiff
▪ oestsibated to three Walla by Lie own petsoael a•glect
err biecoalner _

Yr. M. Sisal, Q.C., on ths other side argued that, as
possitiso were !spored foe the different Mottos committed
slider the set, no cense of action at at moon law fore broach
of lb. statute was given to soy ono 'seeps tag uspoctor of
Isotorks.

Led Cumpbell thea the plea was • nfiloient avower
OM, melon, for It what they most MOM to be
trim, Met the *taloa Me phiatilif realm( were caused by
his wan gross atimeabilnals In doing what be knew was
inspeffew, vlasends( is metier' the strap wit • be bad
bees set MMt tie by the pinions who bad the best
aanemai Mo. He biphly approved of Mese
hose age; hislitseste the staid had a right a Montero for
the fwMmYssel isdividiude, and he considered that these
ems hod • wiry Watery effort but sail it would be
mialgaitell awl oppressive U an action of this kind Gould be
oskissessiL It wee eestrary to ell prieriple to my
_that a
perm PICOVIMINGSpItIeStiOS for injoriee whiM wets
tbs MOS of his own negligeuee. There wee not
stay west et ordiaary eare in this ease, but wilful
aliamoodest ; and the plea diiel,,ed fasts which
H peered I. treatises, would he • good defines ea the maims
spas the pka of not guilty. The defendants ware therefore
entitled he their Jed/meat
Mr. hide Coleridge said the jedemect of the must me-
ameeid Mat where an illegal act bid been does seder this
statutsa the party who sustained iijary is conseqessin of
Met are keit • remedy at common law, bit that mud,
minme M admisistered meordieg to common law eriseiplee,
and meet the most familiar principles was, that • party who
ainleanted materially teas isjury be had rewired, though
Moro he seance on the part of the poison of whom
he esebil let maintain an action for that Wary.
The use opiates bibs expressed by Jmtica Wightinaa
led Crevestes.
Mgrs. velem Ise the defendants.
MOIL v. 1111PPAILD AND OTHISS.—PBXCIII4I MACIIINIZT.
This was • use of • *hailer description, arising upon •
demarmr to a plat. The third plea to tibia the plaintiff
demurred wee, however, different to the plea la the pro-
minis seties. It sassed that, by reason of the height of
the 'mink' there was Mt each dagger or Lability to aced.
hist ss sail Ise the thestsg seatieced in Me deelaratioa.
Mid* wee boat sespart if the deeirame.
lb. Moms* ateaded, olds ether Mad. that • twee
aldose stelimarily mess barrier of wood, and that • sea.
Seat berdse la this site seined is the sauna' of the
shaft Puff.
did set It wee so high above the feu that it
resudee
Lord • onset be touting ; sad
lariat thus segued past, I appeal to you whether
you do not marklar yen have sot dose pour duty ?
Mr. Maynard—la Iho meotry • contrary opinion is bold.
It is theeght that •shalt situated aa this is esteem do that
ailealef white the statues is Intended to provide stalest.
I hops OM is sables absurd is the otiereatio• I have
addressed se per lordship. It is eattentely desirable that
this geodes shiskt be decidad.
Lad empbeff—lf such ea interpretation it put apes the
set, the asset the =Wall is rectified the better. It. is •
wry onsamme interpretatior, or rather no interpretation m
an, for it is virtually • repeal of the set. The act dem not
=hat the obligati's of hada, sta.l only be initelead
it is ammisery, tor the legislators knew that would
lead to great dilleulty; but it lays down an sabered rale,
God la ea starlet' a aoser requires all the resting to be
emotively famed. That rale bee been dis:beyid op the de-
fendants, sad what is stated la the third plea does set she
say geed datum en the vielatlea of the act.
Jed/moot ter Use plaistiff es the third plea.