The Express.
London, England, 1867-01-23 00:00:00

POTTS% CAM BRIM: RAILWAY COMPANT.

- • •
This action was brought by n drover of cattle for injury
sustained by him while travelling on the defendants' rail-
way, and at the trial before Mr. Justice Keating, at
Shrewsbury, a verdict was returned for the plaintiff, with
a certain amount of damages.
Mr. Gray, Q.C., now showed came against a rule which
had been obtained to set aside the verdict and enter a non-
suit. ^.lie plaintiff role in a truck with the cattle, of
which he had charge, and a collision having taken placebo
was injured. There was a condition on the ticket issued by
the company for the conveyance of the cattle to the effect
that the owner or drover should be at liberty to ride in the
wagon with the stock, free of charge, but the company
would not be liable for any accident he might sustain
arising from any cause whatever. The learned counsel
said the 7th section of the 17th and 18th Vic., c. 31, pro-
vided that a railway company should be liable for the loss
of, or injury (lone to, any horses, cattle, or other animals,
notwithstanding any condition they might make limiting
their liability. but he admitted that unless he could call a
man en "animal" within the meaning of that act, this
provision would not avail bins. At common law, he could
not contend that a railway company, or common carriers,
might not make a contract to carry a person for nothing
provieed he did not claim anything if he were injured. If,
however, the matter appeared to their lordships in a dif-
ferent light he should be glad. (Laughter.)
The Lord Chief Baron—Clearly the contract is not one
under the statute quoted, but a contract at common law.
Mr. Gray—l am afraid that is so, and if your lordships
think that the company could make such a condition at
common law I cannot say the plaintiff can maintain the
verdict.

The Lord Chef Baron—The rule most be made absolute.
Mr. Baron Pigott (Mr. Baron Channell bad left the
court to attend chambers) said the plaintiff made his own
bargain—that was to ride free in the waggon, and run all
risk of the consectucnces, and ho therefore could not now
come non the company.
Mr. Field (with whom was Mr. T. 0. Griffith said there
had already been decisions to the same effect.
Rule al.solute.

COURT OF ADMIRALTY.—JAN. 22.
(Before the Bight Hon. Dr. MAIHRIciaI.)
THE RAPPAHANNOCK.

The ease was mentioned on the last motion day, and in
consequence of a report being circulated that the matter
had been compromised by the United States government
a public statement was made in court when the case was
now called on. There were two suits in respect of the one
vessel—one was on the part of the American government,
to obtain possession of the Beatrice, on the ground that
she belonged to them, having been used by the Confede-
rates ; and the other ;Mien was against the government
for an equipment, in the nature of cordage, supplied.
Dr. Travers Twits, Q.C., applied in the first nit for pos-
session of the vessel to be given, and for *oats. He appeared
for the United States government, and wished to make a
few remarks on the government asking for costs, as it
might seem to be nnusnal.

His lordship asked whether the application was op-
posed, and no answer being given in the affirmative,
thought it was unnecessary for the learned counsel to go
into the matter. He might be satisfied of the contrary.
(A laugh.)
Dr. Twiss had no desire to go into the matter of costa,
as no opposition was made. He was, however, instructed
to make a statement, in consequence of a report in the
newspapers that the matter had been "compromised."
The United States government wished it to be distinctly
understood that there had been no compromise.
His lordship said, as the motion was not opposed, it was
no use saying anything further in the matter than that it
would be granted.

The card decreed possession of the vessel to be given
to the United States government, with costa against the
defendants. _

The second action was then called. It was a snit against
the American government. _ _ .

Dr. Travers'Teiss, said they were defendants in
this action. lie had to iu.k that it might be dismissed
with costs.

Dr. Lushingten-1s it opposed!
Dr. Twin sent be believed not.

lie. Brett, Q.C., mentioned that the suit was abandoned.
His lordship made an order fur the dismissal of the snit
with costs, and thus the case of the Beatrice, alias the
Rappahannock, which has been some time pending in the
court, and in which the American government appeared
both as plaintiffs and defendants, was brought to a termi-
nation with the disclaimer on their behalf that there had
been any compromise made lftween the parties.