The Express.
London, England, 1858-04-01 00:00:00

ASSIZE INTBLLIGENCE

HOME ClRCUlT.—linwerox, NlAtm 30.
(Helm Mr. Justic• Erlo and Special Juries.)

SCOTT P. TNI 11017TH AAAAAA M RAILWAY COMPANY.

This wee an action to recover compensation for injuries
enetained by the plaintiff in consequence of • collision that
Molt place upon the North Kent Riilway.
Mr. Loa, Q.C., and Mr. Wilkinson were for the plaintiff;
Se&ekes and Mr. Woolktt appeared for the company.
came arose oat of the unfortunate accident that took
piece at the Lewisham station, on the 28th of June last year,
whin, it will be remembered, twelve unfortunate passengers
by the train lost their lives, and a great number received
serious bodily injuries. The plaintiff, who is the manager
to Mr. Rabbits, a wholesale boot and shoe manufacturer,
was la • second-claw carriage, and by the collision he was
hurled with greet violence against a fellow-passenger, and
received a concussion of the brain, and also an injury to the
spine, the result of which was that he had been prevented
from attending to his business as he did before. and according
to the medical testimony it was very doublul whether he
would ever permanently recover.
The jury returned a verdict for the plaintiff. Damages,
500/.

llLticir 3L.
SILL V. POI.

This was a special jury muse. The action was brought
upon • mortgage deed for 2,00 W. and interest, to which the
defendant pleaded that the bond was given to secure the
payment of beta that had been loot upon hone racing, and
that it was consequently null and void.
Mr. Edwin James, Q.C., Mr. Lush, Q.C., Mr. Hawkins,
and Mr. Cohen, were counsel for the plaintiff; Mr. M.
Chambers, Q C., and Mr. Peteredorff, were forth. defendant.
Mr. Chambers. upon the ground that an affirmative lama
was qqmaa the defendant, claimed the right to begin, and he
aesmtan`ly first addressed the jury. He said that although
for the purposes of the present proceeding he had admitted
the debt, he did not consider it of any importance that the
are of the defendant should be first laid before the jury,
be It appeared to him that, If the plaintiff had been
Ent pat into the box, he must have made out the cam
in piety much the same way as he now proposed to do.
TIM Mies was brought upon a deed of covenant to pay
the sem st 2,0001., en 4 also to hand over twi policies of
‘timremee, coo lot 1,5001., and another for SOW, and also to
pay the interest and premiums upon the policies: and the
t admitted that he had received the money, but his
answer to the action was, that it was lent to bun for the pur-
pose of his paying the plaintiff • sum of LOW. which he had
lost to Wm in beta upon horse-racing, and that upon this
growl the deed wee invalid, and the plaintiff could not re-
cover apes it. The defendant, Mr. Fox, had been for • great
many yews emusected with the turf end enraged in betting
tresseetleme, and for many yews be had been able to meet
hie oagegementa. The plaintiff, Kr. Hill, was also a war
seen exteeeirely connected with the turf, and he was sot fa-
of:acted to say one word against his honour or in-
, tegrity. It so happened that in 1860 Mr. Fox
bed betted on the Derby races and he loot bete to
the amount of 1,6.501. to the plaintiff. He went to him
two or three days after the race, and told blm that he wee
unable to pay his bete, and Mr. Hill observed that if he did
not he would be declared a defaulter, and Mr. Fox thou
asked him to lend him suterient money not only to pay lb.
amount he had lost to him but also the bets he had lost to
other permits, and he consentedto do so. Mr. Hill then
acoompenied the defendant to his solicitors, Meters. Hill and
Wilhiamsey In Bedford-row, and an arrangement was made
that he should advance the defendant 2,0001 upon his execut-
ing a mortgage of two
on olicies of insurance and giving a
promissory note payable demand. The 4th of
June wee the settling day at Tattersall's for the
Derby, and on that day the defendant received a
ir 2,0001. from Mel Sri. Hill and Williamson, and, ao-
to an arrangement that bad been made, ha went
tow,ab's Hotel in Piccadilly, where he met the plaintiff
and hauled him the cheque, expecting to remiss tbe &t-
-herm. The plaintiff, however, told him he should lave
Ed the chegse oashW and ha west to the Loudon end
Wesseisetet in donors and procured bank note., and
I be tiro returned and paid the plaintiff the amount of bets he
had lest to him, 1,660!. The dead now in question was sae- '
ceded shorty a
and for several years Mr. Pox paid
the nd the premiums non the policies acoosaing
the agreement he had entered into. Be subsequenlly. how-
ever, got into &dimities and was compelled to go greed,