The Express.
London, England, 1867-04-06 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT. —Lzens, APRIL 5.
Cn•IL Cuurr.—(Before Mr. Justice Smith.)
DYSON r. LANCASHIRE AND YORKSHIRE RAILWAY.

Mr. nullity, Q.C., and Mr. Wills for the plaintiff ;
Mr. Overend, Q.C., and Mr. Campbell Foster for the
defendants.

The plaintiff is thirty-three years old, being in partner-
ship with his father at Huddersfield, a cotton-waste
dealer. He brought this action to recover compensation
from the defendants for serious injuries he received on the
7th August last, while in a London and North Western
train, and near the Victoria Station at Manchester. He
had left home at 10 o'clock in the morning, and on approach-
ing Manchester the train was signalled to stop. Trains fol-
lowing were also signalled not tocome Toward, but in spite of
that one of the trains of defendants' ran into that in which
the plaintiff was seated. The plaintiff was looking out to
see what was the matter when the collision took place, and
he was so hurt *bout the head and body that he could
scarcely do any business in Manchester, and was obliged to
hasten home. He was kept to his bed six weeks, and he
has suffered great pain ever 'Moe. He estimated that his
yearly share m his father's business waa equal to 3.50/., but
DOW he could not perform the duties he had been accus-
tomed to. He used to walk long distances before this
happened, but now he could not get above two miles a day,
and not go more than a mile an hour.
- _

Mr. Rhodes, of the Huddersfield Infirmary, and Mr. B.
Hey, of Leeds, described the osse of the plaintiff to be a
most deplorable one, and said the patient was likely to get
worse instead of better.

Mr. Overend •ddressnl the jury for the defendants, who
did not deny their liability, bat wished to have • jury's
opinion as to what compensation the plaintiff should
receive.

Vanhet for the plaintiff-I,ooot. damages.

OXFORD CIRCIIIT.--GLoucesTaa, APRIL 5.

(Before Mr. Justice Blackburn.)

SKELTON T. LONDON AND NORTH WESTERN RAILWAY

COMPANY.

Mr. Hnddleeton, Q.C., and Mr. T. 0. Griffits were
for the plaiotiff ; Mr. Powell, Q.C., and Mr. Hill for de-
fendant..

The action was brought against the London and
North Western Railway Company by the widow of Mr.
William Skelton, an iron shearer of Walsall, who was
killed while crossing the defendants' line by a train. It
seems that on 14th January Skelton was crossing the line,
the gate, which was usually fastened when • train was
passing, being open ; he was shouted to by several per-
sons who saw his danger, but being rather deaf he did not
hear, and was knocked down by the train and killed. He
was earning about 41. • week, and was over 60 years of
. .

-..The widow was examined, as well as a man who was about
to cross the line at the same time, but happened to stop
to look at a goods train which was just leaving, and whi:b
had obscured the view up the line, so that the approaching
train could not be seen until a person got nearly on to the
middle of the line.

There was a long discussion as to whether the defen-
dants were bound to keep the gates closed when a train
WA pasting, and whether the accident did not arise
through the deceased's own negligence. The j dge u said
he would nonsuit the plaintiff on the point of law in-
volved, but the verdict of the jury could be taken in case
his ruling of the law should prove to be inoorreet.
Mr. Haddleston argued that the gates were not closed
when the deceased came np, and that this was a tacit
invitation to him to cross the line.

Mr. Powell denied that there had been any negligence on
the part of the company ; but even if there had, there had
been contributory negligence on the part of the deceased,
and thus the company were absolved from liability.
The jury returned a verdict for the plaintiff—damages
8001.-400/. to go to the widow, and 100/. to a daughter
who is dependent upon her.