The Express.
London, England, 1867-06-10 00:00:00

COURT OF COMMON PLEAS.-JUNE 8.

Sittings in Banco.—(Before Lord Chief Justice Bovill and
Justices Willey Keating, and Smith.)

BKELTON P. THE LONDON AND NoITTH WESTERN RAILWAY
CONPANT.
This was an action under Lord Campbell's act to recover
damages for the loss of the plaintiff's husband, who was
killed upon the defendants' line. The trial took place
before Mr. Justice Blackburn. at Gloucester, when the
jury assessed the damages at 5001.• but his lordship held
as a matter of law that the defendants were not liable, and
therefore he directed a nonsuit. The question now was
whether a rule should be made absolute to enter • verdict
for the plaintiff for 500/.

Mr. .1. J. Powell, Q.C., and Mr. Stavelcy Hill appeared
to show =title, and Mr. Ifuddleston, Q.C., and Mr. Self to
support the rule.
A short distance out of Walsall a footway crossed the
defendants' line on a level, and on each side of the line
there was across the path a gate, which anybody could
open, and which shut of itself. This part of the line was
• good deal used, and the company bad caused to be placed
upon the gate • ring, which, by means of a lever in •
pointsman's house close by, could be put down so as to
fasten the gate to the gatepost, and prevent it being
opened. It was the custom to pat the ring down when
any train was about passing, and to raise it so as to leave
the gate free when there was no danger. About six o'clock
on a morning in January the deceased and another man
walked along the footpath, and found that there was a
coal train in front of the gate. They waited until this
train moved away, and then passed through the gate,
which was unfastened, on to the line. Another train,
which bad been hidden from them by the coal train, passed,
and knocked the deceased down and killed h itn. It was argued
that although the oomposy were not bound to place • man to
watch the crossing, or to do anything more than put gates
there, yet, that as their practice was to fasten the gate
with the ring when there was danger, they had induced
the public to believe that they might safely cross the line
when the gate was unfastened ; and the company were
liable it they left the gate free when there was danger and
anybody crossing was injured.
The Lord Chief Justice said that he was of opinion that
the nonsuit was right, and that the rule should be dis-
charged. The ring being up could not indicate that the
place was clear, because there was the coal train on the
spot. The deceased was not able to see along the line
before he passed on to it because of the coal train ; but
when he got to the six feet be could see for 600 yards,
but he appeared to have straight on without look-
ing to the right or to the eft. According to the plaintiff's
own case it was a place of danger, where extra care was
necessary ; hut there was no evidence that the deceased bad
exercised any care or caution whatever, though such care
was more than usually necessary in his case, because be
was deaf. This being so, the deceased must be held to
have contributed to the accident by his own want of care,
and therefore the plaintiff could not recover.
Rule absolute for • nonsuit.

COURT OF DIVORCE AND MATRIMONIAL
CAUBIOI.—JuNE 8.
(Before the Judge Ordinary.)
GOWER V. GOWER.
His lordship said this was a cue of contradictory evi-
dence, and the real question was one of credibility ; and
after carefully considering the whole matter, he had come
to the conclusion that the husband's witnesses were speak-
ing the truth, and therefore he was bcund to make a
decree dissolving the marriage.
Decree nisi accordingly.