The Express.
London, England, 1866-11-03 00:00:00

COURT OF QUEEN'S BENCH.

satin, in Brow.--(Before the Lord Chid Janke
ghee, end Lush.)
PAIR V. MILLI&

Mr. Huddlesten, Q.C., said that he moved last tem h
this cane on the part of the plaintiff for a rule for a lay
trial, but which was refused by the court. The matte lag 1
since been before Mr. Justice Lush at chambers, and
war necessary that he should again trouble the cow, wija
it. The action was for libel against the Dai/y Telegrepkis;
plaintiff was the celebrated trainer, and the libel
that the plaintiff had, through what was calledti
Pills and Tulaconibe Cookery," prevented Lord Si. pis
cent from landing some handsome stakes—
as the plaintiff In his declaration alleged, ajaaa:at
fraudulently prevented the horse from wink.,
Tulsoombe was the name of his lordship's bljair,,
pound. At the trial the learned judge,
Justice Lush, left it to the jury to say whey*
not the inuendo was proved, and they negatived it. ifis
lordship then asked them whether it meant habitude'a
less and gross misconduct on the part of the plaintiff, rad
they found that it did, and areered the damages at*
the learned judge giving the plaintiff leave to at
a:
enter the verdict for him for that amount, if the Brat
should consider, under the circumstances, that ba
entitled to it.
Mr. Justice Mellor said the rule was plated aeg
obstante veredicto.
Mr. Huddleston said that was so. The court Weed ha
rule absolutely on the leave reserved ; but pea It
to him to enter the judgment non obetaato
dicta, if the plaintiff should be so advised, nsr
plaintiff afterwards declined to take the Ws la
that form. The rule therefore was in fact ref tore!?aodys
contended that under the circumstances the
right of appeal to the Exchequer chamber on Crag
reserved by the learned judge on the finding
remained; the court having refused his rule,
a
war urged at chambers that it was granted by biamrB4
to take or not the rule non °lntents veredicto.
The Lord Chief Justice said that no doubt the rah nes
in substance refused and that the plaintiff remised ha
right of appeal. It would only be right, mei es
peculiar circumstances of the case, that the ether ids
should be heard at chambers.
Mr. Huddleaton said notice should be given is the
defendant, and Mr. Justice Lush said he would how the
cane at the convenience of the parties.

COURT OF COMMON PLEAS.
Sittings in Baneo.—(Before Lord Chief Justice Zde,
Juatioes Wllles, Ryles, and Keating.)
WITHERILL r. HOWELL.
The plaintiff in this ease claimed to recover SK for
damage to his vessel, the Pearl, caused by a sea
about 5 tons weight breaking the hoisting cite
whilst it was being removed from the ship by the is,
fecdant's agent at Rye. At the trial before gz.
Justice Ryles, the jury found that it was the cues*
the merchant, and not the shipowner, to unloag4
stones ; but they also found that the captain ea •
to blame in interfering in reference to the n
What wax said was, that he had stated the stone wegici
oultyj tons, that he bad urged the unloading si
of high water ; and that when a chain was them
gigue of giving way, he urged the continuance *Mimi,
Under these circumstatices, his lordship directed a veil

for the defendant.
Mr. D. Keene, Q.C., however, now moved for sniffs
enter a verdict for the plaintiff, and submitted that
captain had no right to interfere in unloading the i.
and that having done so, his acts did not bind his ear,
Rule granted.
WOO= O. BROWN.
The plaintiff in this cue bad fallen through a pima ;
board the defendant's ship, fiylph, and he sued foramen
for his injuries. At the trial before Mr. Justice Brim ,
verdict was entered for him for 50/. ; but the pug
motion was for a rule to enter a nonsuit.
Mr. M. Williams, in moving, said that the Sylph wag '
the time of the accident in dock undergoing repeirod
the plaintiff was employed as carpenter to do eons die
work, and under these circumstances it was metal
that the plaintiff mart take the risks of the employma '
and had no right of action against the defendant.
Mr. Justice Bylea said that the plaintiff was sat
ployed about the grating, but whilst going to Adair
end of the vessel with his breakfast he passed decal%
and felL
Mr. Williams submitted that there was no bawl
duty on the part of the defendant. The plaintiff mast I
board the ship to repair it, and it was strange thst
should now found a complaint upon the ground the it
ship was out of repair.
Rule granted.
MUTH V. TFIZ GEINAT ZAKTERN RAILWAT comm.
The plaintiff in this case claimed damages apse is
ground that he had been bitten by a t"og at tit le
bridge railway station. The trial took p'ace at Chi*
ford, when the verdict was for the plaintiff for 50L
Mr. Serjeaut Ballantine, in moving for a rule forage
trial, because the verdict was a;ainst the midis:all
that if the plaintiff succeeded in his action the emeggell
would be that the liabilities of railway companies midis
very considerably enlarged. The declaration alleged id
the defendants so negligently kept their station thstsig
got upon it and bit the plaintiff, and the facts egoist
the plaintiff was at the station in the evening with "7
other people, and was there bitten. There was shone
circumstance that a public path ran through this swig
The Lord Chief Justice—And you say that the
no wrong in a dog using a public path?
Mr. Serjeant Ballantine—That was my view, but itt
jury took a different one.
Mr. Justice Byles—The company had, in fact, mama
to keep the dog out.
The Lord Chief Justice—l am not aware that saticif
has power to destroy a dog upon a highway.
Mr. Justice Willes—But there was evidence that get
one had before been bitten.
Mr. Serjeant Ballantine—There was some striae
dence that two or three hours before a strange dig hat
bitten at the petticoat of a lady whilst getting
hit t
train ; and, no doubt, according to her evidence , the wi
had behaved with some rudeness, but he did not broths.
,Laughter.)
The Lord Chief Justice—You have said enough.
Rule granted.

SITTINGS IN ERROR.
Lord Chief Justice Erie, with other judges, eat is
Court of Exchequer this morning, and appointed the*
lowing days for Sittings in Error in Exchequer Cksuakt
For error from the Queen's Bench, Tuesday 27th aadVel
nesday 213th November ; from the Common Mao, Thle
day 20th and Friday 30th November ; Court of Ittribifil4
Saturday Lt and Monday 3rd December.

COURT OF EXCHEQUER.
Sittings in Banco in Michaelmas Term.--(Before the 101
Chief Baron and Barons Bramwell, Channel', and nor
At the sitting of the court this morning, Sir
Kelly took, in the presence of the other learned !ern
the oath required to be taken by her Majesty's Por
""
The oath, the form of which is prescribed bY
passed in 1858 (21 and 22 Vic., chap. 48) to suberrtall..
oath for the oaths of allegiance, supremacy, sal:
waa administered by Mr. Walton, the Queen's
prancer.

inalegt*tioMnre.:wasManiste33:l.l7aro;ghijiTv.erdieiCt"
This action was tried before Mr. Justice Mellor etlerk
(aasionzE) r. ititown.
when a verdict was returned for the plaintid-*
under the act of Elisabeth, to recover certam
which it was said the father had transferred to Ms
rupt,
one
John
BroinbywnPursuAntf.horeagaitLicehne:siftgnideaeetcelemrlaneee",o2. reserved
ego deist
a view to defraud his Soule years
published a history oYorkshire,and had indirtd±;
to leave the army in order to Resist in preparts6,,no
graving' for the work. It was now iubraitted
money was handed over to the son in payment fa_.:
services, and at a time when the father Ud
sn
creditors.
The court granted a rule nisi.
'tall RUM Olr OLA/AGOW r. RODTLIFTE STCD
COMPANT.
This was an action for injury done to a horw_..ll./
Brother to Bird-on-the-Wing, belonging to Lord
et OM
and st thel trial before Mr. Justice Mellor
the jury found a verdict for the plaintiff, dour'
farthing. ta
Mr. eant Mayes now moved, on the
plaintiff, for a new trial, on the ground that 0.
were insufficient. The horse iu questio, the
a racer in its time, was intrusted to then defendsalltili
kept for breeding purposes, and on its held ;117d
to the Earl of Glasgow, it was found that "de
become blind in one eye, and reduced 1a,.4
by the sum of 1001. The case for the Inoit
WAS that the inury was caused by the neoMog•
I
defendants' servjants., and that if the plaintaff
ter
t a verdict the damages should have been for
rul la&
The court unanimously refused to grant • e

Sekei
SUICIDE OP A RnumAN. —Yesterday
.!,
Hood (Nottingham) rifleman committed etiorirsl
meeed's name was John Richardson, and be Ills
as a collector by the Midland liAlway CortF•1;0411
day morning he had breakfast with his wife a'
she noticed that he was unusually quiet. !.
pelfving finished breskfut, he went upstairs s.•
with his rifle.

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at that court r
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