The Express.
London, England, 1858-08-09 00:00:00

THE EXPRESS, MONDAY EVENING, AUGUST 9, 1858.

(Bare Mr. Justice Will.. and • Commas Jury.)

1 Mr. Lathers eadlir:flowad;;Peared for the plaintiff, and
Mr. Doyle wee ewer) fix the defendant.
The arks wee Inmagla to recover • sum of money from
the dethabot, the Mho:sof a transaction in which the plain-
tiff pinhead • mare fat thirty-two guineas, but afterwards
termed her, te whisk OW deirdant pleaded a sat-off. It
appeared thst the Oath( wee a gentleman of property, and
who, in the ruse of the ere was frequently spoken of as •
" feet" rang gentleman, sod the defendant is a riding
UMW Mil eraser, cu at Bramplen. In March last
the pbiatiff wished the defendant to eareing a horse he was
gent to parolees at Reese Leek% sod he reported
that k was spavined, and not to
it. The plaintiff rawiiffhedme he
Meir hone thet wee likelthee said by
to sell him, and be
showed him • theelnat mars, which he drove, and eventuithy
'greed in prober be thirty-two raiser ere the moiler
that If be did not like her at the end of • with
he arm bar span peg's( 61. for her hire. The
rid fat Oh lame sell leek her away, bat seat her
two oe three dart aft= Matra that she was .. a
beher," red be thereithe is keep her. No math-
meth tekh legged le the sway was ears to at this time,
Int the dellimist ill dr pieiallf haft soother mars,
skid Tory, and he sand tar mare for seven weeks,
whit be perebeed entithm berm of the &deaden' far
thletriee panda, tad the awe was reamed. Be
efilbsvadiddir_ WNW to dee delbadant foe the balance of
mew that WY AI SO Mm epee the the: I eeneactfon, open
width It apaasd plaintiff sent him in a bill for the hire
O'Malley, st the rats of three ruiner and a half
pee week be and thus balenced the account. The
pialsoff, however: It appeared. altogether repodiated the
Wearable, end declared that Topsy was lent to him, gad
that it was uaderstood he was to have the use of her fir
salami antil the defendant could find a hoer that wee
likely to salt ha.
flevarel whammies were called to make out the ease bar
the pliallff, and • person who was in the habit of
an beers at Guildford was also exasaird, sad L'ititi
Nei ha serilmed three guineas and • half a very high
theme he the hire of a hone for • week ; sad that his charge
nomad not be are than a guinea or a 'mimes and • half
re wast
lie. halloo wines add be did not think the rate of
thaw at Guildford foe the bin of horses applied very much
to the same sort of thing in Beigravia. He had himadf
travelled in places what he was provided with two horses
end two servants, end the whole of them were kept fee
twenty-five shilling a day, bet this wee very far from a
general rale.
Mr. Doyle, In adhering the jury for the dallindant,
said it appeared to him simply an ateardity to suppose
thst • man who paid heavy rent and expenses at the
west sad of London, and who got hie Ileitis by hiring oat
borer, should lend one of them without any charge to •
pearled changer, for musk Mr. Cole appeared to be. lb
then celled the defendant and several persons °caseated with
hi. establishment, who swore that the mare was let in the
ordinary way, and the tranesation wen regularly Wand la
the books as a hiring. It wee aleo proved USA the arbor?
charge for the hire of a horse during the Landon steer trim
et the rots of twelve or fourteen ober_ re mana •; end
the deleadent meet that Topsy was a highly-bared lady's
me% wed that she sometime eared him as much ee three
half saber is the day he different ladies to ride bee In the
park. Ile deo said that he charged the plaintiff a radar
higher rote bongoes he krw that he was is the Wait of
b berme out late ekleight.
erJuselee Wines, in summing up, said that the muse
a rest satirely upon the letter "n ;" in fact, the
ashy So. to
oa in pate wee whether the mare Topsy woe
" let' to the defendant or " lent." If they should- be of
opinion that she was lent, the plaintiff wee entitled to the
whole of the blunt due upon the first tansecition• bet,
upon the other hand, if they should think that the "adroit
made oat that she was let, they would then oonsider whether
three guineas sad • half was • reasonable charge for the hire ;
sad if they thought it was too much, they womb allow what
they eenidwsd • jar sum, and deduct that amonot from
tbialatiff's claim.
jury found for the plaintiff—damages 161. Ile, the
effect of the verdict being that they were of opinion that the
mare had ban let, but they retired the charge for the hiring
from three guineas sad a half per week to about • guinea'
end • half.

Hi; lord.hip refused to certify that the came was • proper
one to be disposed of in a anparior court, and said that the
matter might vary well have bees settled in a county court.
The following cameo were di posed of by special juries :
MADLOW T. THI OINIMIAL SCRAM MAVIOATION COMPANY.
Mr. Edwin lazes., Q.C., sad Mr. Lutes wee* cemareell
for the plaintiff; Mr. Mamma Chambers, Q.C., mid Mr.
Wealth Williasoe appeared for the CClMpav
This action arose out of a very terribly. e ancitleut that
Met place on the river on the night of the 18th of
November last, when a barge called the William Foot, of
whloh Um plaintiff we. the master, wee milieu by the
Triton, • wail belonging to the defendant., sail Ma wilt
oaf three children were drowned, he himself sad the reap
imermiag In an almost miraculous manner. 'two setter*
wen brought against the defendants upon those faces—cam
big to recover damages for the loos of the amenas of Id.
wife, end the Wire foe the loss of the services of of Ms
moss, e led tea years old. The &tendon*. paid 731. 10. into
court ea an answer to the first action , and to am faimml thy
pleaded that the plaintiff had not sustained ally loos, and
otuseguently doted their liability.
The evidence In the first action went to show that the
Mere in question belonged to Haverahani, and that the pia ta-
tiff waa in the habit of naeigatiag her to &Sweat Memo lap
the river, and the erroneous-tit with the owners was, their he
should receive half the freight and find the labour. His wife
was in the habit of accompanying him, and It was alleged
that she wee of great assistance to oavigatiog the barge
Mamma the bridge*, and that she mired the plaintiff from
hiring another man, at an exposes that would have amounted
to meant shilTiogs per day epos each voyage. It watt upon
the ground of these services by this wife that the plaintiff
ailed for demure. front the deft:shots.
Mr. Imam Willa., Ia nuntolog up, told the jury that the
law only gave them power to allow damages for the weak
Write?" 711 .tiutaiatl:ed.wea" t°7.117; .""" to
post, by
the lose of • dear relative in such • manner. °The only qualm,
des for their smasidecation, therefore. we. whether ra Wa-
ves • anfibient competwalloa to the pleintilf here WI Of
the tonnes of hie wife.
The jury, alter • abort dslibtratkm, Maned a verdict for
the plaintiff, raising the amount of damage. to be paid alto.
gather to I 60!.
NADLOW. ADM,NMTNATOM, V. TAN OINIMIAL STRAM

looloATlori COMP, t 1 Y.

This was s reoood aeti.m, &naiad oat of We same lemma
ties, to recover darner* for 01111 kw* of the sartisse of the
eldest sea .4 the plaintiff.
Ties case on the part of the defeadants wee that
the lela-
tltl could DM hays sustained any real lose of aerrioss by she
lose of ea rang s child, but seldom was adduced to show
that hs we. a Wooer Id wbe wads It bawl( awful na board
the scowl, aad that he wee . also aids to writs sad to keep
accounts.
Tb, jury rEursoil a verdict fix the plaint tff —Damages, 261.

OXFORD CIRCUIT.--GLocceinith, Acorn 7The aomaataakta tor this city sad county was
attoratww, the jodrs being Ste J. B. Dyke and r=
MI. The cakinisr hi holey, coataiotng the name age
60 prisoners, sod there are waste caws of retinae
Fowl pennatt (all wows) we eharpd with wilful
(twe amm). Tbere are two eases asbligier. use et
atabeeagaad wooodiag; di 6,11111111 lbedgely;
twe own of as ; am, feiewsly. 3, 111%-kpe ;
awe, eeeeeelosai of birth ; Vadat; Me grove Omen al
hinny. The she Woo causes are woe ealind *IV=
but then ow alleged* about 20 riser, white
care =rhea for aptelal juries. Oa as la he ewe *ma
Stafford awe,. t

--Fl;;Cr 1:r,!;b1po Wend the cathedral tamaloWN4 aid
below anemone,' on Monday in both condo,
id

wzaTERN CIRCUIT.-WELui, Av... S.

iron Pica COrliT.—(Beforo Mr. B•go• 0111/My

TILT V. GREEN.
This Wee en aeries fur the intprieonment, 1114181111.
parties wen two llocaereetabire hriuera. Tee
• piece of potato ground of the attendant, and than wee
sew dispute about the quantity, which led to • Led feeling
between the, the_ plaintiff "ma"r"l Mopping the atten-
dee* and aeltmg liteawt:Ey ap OM lie. led. be owed. Al
leae, at • ode, Item they mine to Wows, and the
I i=woe @lemma hem the mina. NA waited hr the de.
sod wales hherii;iviretema hamededeesi. ha
waddle", his geode, his at We tocary, tied soother
auelliatemaid, le there ente which the eeee‘at swore
islris *plaintiff's heed is hie picket. Oa geetieg bow
Wiped lee perm, and ant day he went before • magi*.
Wel wile bawd a warrant, and the plaintiff well
aweitelaell welled hp trial. B• was compelled to take
rep wheat= to the melees sad Id lemmas towel, bat Oa
red jury threw ant the bill. The *int* new positively
Men that he did net mkt the use's perms, sad his amertion
remind great weight from the fwd., la which moat et the
es toneurrel; that the plaintiff was drank sad the de-
fending ohm sad that there wire errata' proem must
ghat the dived rebbary leek pies"

In the mine of the trial, Mr. Blade, for the defeadant, as-
' felled an opinion that the plaintiff took the tree money,
and had it cow fa his pocket; cm which one of the jury re-
foligd.." daal Wiese yoe"
The Judge aid that wee • very improper remark for a
juror is melon sad after a ondarance between the oottosel en-
gaged IS nail aid% at We amplatlaa of the learnedlal
thelata was MY lefleavali• ho:, and the trial proceeded
with &eves juryman aely.
The jury found that the dedadant had not let his puree
at all and that he made the aseardoa maliciously, and on
this finding the judge raked *at tune was are reasonable or
probable reuse for giving 4111 hide ensiody,
The jury then gave the *kW I. deeps.