The Express.
London, England, 1860-05-26 00:00:00

COURT 07 COMMON PLIAS.

• L,,-1 at Sisi Prins h XL Judie*
Keating sad • Cannes Jury.)
trill r. WOOD AJID •Nurrn. PALLING INTO A SLIM
. - -
VICATATIOIf.
_

plaintiff seed by his nest friend to recover damages
niffsnal by bins through failing down into
„ dug ,n the coursed 'taking a sewer. The defendants
▪ ..iit r otos., and they wow admitted that they bad been
rooks the sewer, so that the only question was
• tier the plaintiff hal teen hurt t iugli their negligenee.
eli•nowr. awl Mr. l'eurre appeart4 for the plaintiff ;
Yr. sergmat Pan 7 soil Mr, 1. Atkinson for the
, •
i•Lostiff wits a WI is veers of age, living with his
who are in humlile circumstance., in Wel-
.treet, la the !wish d Hackney. Os the evening
, 1 sh Ifetobirr, Wet. the *midi was wet oa an errand
, o way ha fail a sewer excavation in Hartle-
, Ile wee helped out by a taaa who, however, seemed
r•orr. sad he west away Lear' the plaintiff ow the
• The *WU/ meted home, k.d.liwg by the window
nl for three weeks he hawed on without the nature
• injury Whig dionsmeed. At the end id this time be
• :.Len to I. BiAltelaatevee Hospital. when he re-
I fie six et swum inunlart, h beteg found that kis
• Mb. lindes, said whew disiarged he had stiff tome
~ an buoy withal mist prrmsecat.
I- crissos• of negligence the plaintiffs use we.
• the earth *she bed been dug .wt of the hole bad been
..l so that the plaisitiff ...lied on level roma' until
I- II is, the pleas MA hetak,c rr.verlv feneell or watched.
.lasselleid Cadio w*,•11,..1 the plaintiff perfectly well
• that the hole was there...nil that it wan thuni4h his
.• ,• nigiliparie that he &II II: it ea. further said that sofas
th. plalatiff walking on level groand late the bole,
• eau s beak of earth pawl it end the Side" ".•
runnini along the VI, .4 thin bank, what hr fell is.
"'stem to the bulk of terth, there were the usual
.t. cwt fen.., awl the place was also welched. A hid
era.• eurewreeal viate.l Shot en the sight in he
plaintiff g..ag honer with a hold Mari. but that
upwed cot nailer the fence, and walked along the
t —4 the 1.•14 ..1 with in a •lireetion away hose his home.
Jr J.41C0 Krouse dirseted the=l:l=tbooght
tS r the play wee on the of faced,
that the plaintiff, by bs. own reckiesionsee, produced es
. molested to the aec;cient, then the defeedeate world not
1- Loi.k. If. on the contray, they thought, whatever
. •• Wale given gaol et, .1(4.1 yet that
Coe sight In piestion this partarralar six* was left
• Laded Olio:rah the negligence of the deleadanta, and
do. crowd Vie sersdent, the 'Adolf/ wee entitled to
• beratile the dideudiaata ware hound wlequatay.
to. LA sot unreneemdsly, to fence the hole which they

Tic ;my retired to consider the matter. awl in half an
F • a returned a verali4 foe the plaintiff, dernogne ref. ;
sfe...; that they respectfully raiggemod to hie lordatup that
••• dadrahle to mews the amount of damages awarded
r die sok um of the boy.
tlr isstim Keating raid it was a very prow suggestion.
arl It sue only the want of power which preveated hun
r.ur. int it out. The boy was Tame foe life, and it was very
.i.orvide that the Jamey should be secured to help him on
a tlie world.

tlawalsoss eqsreasell him scsearseaos with him lord.
•;. Auld at los sommeilee aseeatioa was stayed to enable
atuagetaaat la be amid est

COURT OF BANKRUPTCY.
(Beton Yr. Cuenaiiinicese Drama.)
II RE nrtrl:TE3.—TolaL itireetALL or cERTIPICA7T.
leuikrupt had kept tLs Fountain Hotel, at Forts-
r.,.h. His application for esstilleata was kliard last
• • 4.

lln Himont now pre judgment He said --The bankrupt's
appi. -.tom for hi•eertifirate wee "pp,-e.l by the emigres-4m
pored grenade ilany witnesses were c.ille.l to shrew that the
la:iiirupeseceuente were intuereet. This should have been
the last examination, and a very considerable ex-
pleas Iris been incurred. Were I willing to
the question as to the amounts 1 think there is
stli.n; to prove them to be incorrect. The important
ogre tun 4. tie Granting ;if the certificate is that the bank-
rut had causal...l pert of his property, eo as to bring
Cie ease within the 2tllst sec. of 12 and 13 Vie.,
.ap. I( It was prov,sl that the bankrupts wife
lad wet away a conaiderable quantity of plate. me bank-
:etc sad wde both declared that the bankrupt was out
seen: of the removal .4 the plate at the time it was taken
out of the bones ; but when the servant swore that he took
the *le by the Ontelf of the bankrupt, the hankmp4 ad-
that he was aware of the removal of the plate the
...cuing after at was removed • but he did nothing to
Ina: it lack. The whole of the plate has been delivered
I-. the assignees. I feel hmand to decide that the bankrupt
...metal property, so am to bring him within the clause
r...,tlotltegl. I, however, thought that the giving up of the
r•-1.'11• mi.tht enable live to avant him a certificate ; but
lookie.; at the ohtferent decisions, and particularly at the
rasa. of 1; Lx. Rep., 74, where it was
ileeoled that a concealment by a bankrupt with intent to
defrarl his creditors renders his certificate void under
tt.. nth and 6th Victoria, cap. 122, sec. 311,
acwith.tairlio..; be has male a full diaelontre of
the etreunistainva to the eonianiaionae ; and as the 201st
et.iuse IS awl 1:1 Vu, is exactly the same as the 314th
close 5 end ti —1 therefore feel bound to refuse to
;met ato.
. _ _

1:01.me a !from the office of Mews. Linktater) asked
1.1. a •Itort I.l"trction 4, enable the kaakrapt to appeal, if
mltleed.

111. Illesuur grimed proteetice f tires weeks.