The Express.
London, England, 1867-12-09 00:00:00

THE IMPRESS. MONDAY EVENING, DECEMBER 9, 1867.

SHARE LISTS.-(TRIS DA I .)

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p. 9t.dao. a July —.606
818. EL Lano.deitt.49 o.Jaa.f.Jly 100
1403874 84. L00.84168.44J.a150.&714 640
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95 97

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10374

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-
96

Crystal Palace, 223. -
Bast India Irrigation and Canal, 171,3.
Fore-street Warehouse (Limited), 123.
General Credit and Disoount (Limited), 33.
Italian 6 per cent. Bonds redeem., 1870, issued 39.
London Financial Association (Limited), 8.
London General Omnibus Comp. (Lim.). 1 11-16, 3, 3.
Natal Land and Colonisation (Limited), 11.
Peninsular and Oriental Steam, 58, 3, 73.
Peninsular and Oriental Steam, New, 1867, 63.
Submarine Telegraph, 70.
Telegraph Conatruct'on and Maintenance (Lira.), 153.
United Kingdom Telegraph Company (Limited), 23.
Universal Marine Insurance (Limited), 4.

txba interlisente.

METROPOLITAN COUNTY COURTS.
filitaing days appointed for the peasant weak.)
W>s[lile fit. ldsrtiWalake.—'needy, Deo 10; Wading.
day. 11 ; Thay, 12.

fiLoonssual, Poitiluid-road.—Wedneaday, Dec. 11 ; Thurs-
day, It ; Friday, It
BROMPTON, Whltehead's-grove.—Tuesalay, Dec. 10; Wednes-
day, 11.
WRINTFORD,-FridAy, Dec. 13.
WANDSWORTH. South-street —Tuesday, Dec. 10.
Duncan-tensee.—Monday, Dec. 0; Tuesday,
10; Wednesday, 11 ; Thursday, 11 ; Friday, it
Bfloatorrys, Oldatrest-reed.—Tuesday, Dec. 10; Thurs-
day, It
Bow, Bow-med.—Friday, Dec. 13.
WHITROHATZL, Great Presootetreet.—Wedneeday, Dec. II ;
Thursday, 12 ; Friday, 13.
NOUTHWARK. Swan-street—Tuesday, Dec. 10 ; Thursday, 12 ;
Friday, 13.
LAXBITH, Camberwell Mew-toed—Friday, Dec. 13.
ORRTXWICH.—WWWeiday, Dee. 11.
WOOLWlCH.—Thursday, Dec. 12.
Mr or LONDON, (hdldhall-bulldiugs.—Wedneeday, Dec. 11.

COURT OF QUEEN'S BENCH.—DEC. 7.
after Term NW Prius Sittings at Westminster.—(Before
Kr. Juatiee Lush and a Special Jury.)
arrrnms v. THZ 'GOLAND RAILWAY COMPANY.

This was an action to recover compensation in damages
for personal injuries. The defendants had paid L. into
court as sufficient compensation.
Mr. Coleridge, Q.C., and Mr. were counsel for
the plaintiff ; the Attorney-General and Mr. Wills re-
presented the defendants.
The plaintiff is • commercial traveller in the tea trade,
representing in the eastern counties the well•lmown
firm of Peek and Co., in Rood-lane, City. He is about 32
years of age, a married man with • famil7 of four chil-
dren, and at the time of the accident was in the receipt of
a salary of 2301. per annum, • guinea a day travelling ex-
penses and a gratuity at Christmas. Up to the date of
the accident he was a man of intelligence, enjoyed good
health, and he was considered a shrewd man of business.
Now, however, he was completely prostrated, and unable
to attend to boldness from the severe shock to the
nervous system. The plaintiff residedat Derby, Auden the
20th Sept. he left Peterborough for Derby. He caught
the mail train at Leicester, and when between that place
and Derby the mail train came into collision with
goods train that was on the down rails. The shock was
so great that the plaintiff was thrown with considerable
violence against his opposite neighbour and the carriage
partition. He felt dizzy and giddy, but was not insensible.
He got home that night, but on the following day he was
unable to attend to his Mildness. He called is his regular
medical man, Mr. Grieves, who attended him. Plaintiff
was desirous of returning to his business, and he attempted
it on one or two occasions but failed. He continued to
get worse, and at last he was prostrated, and confined to
his bed for five or six weeks. Dr. Heygate was then
called in, and afterwards Mr. Fern, the company's me-
dical man at Derby On the 26th Nov. he went to Shrews-
bury for change of 'air, and there saw Dr. Clements, and
not getting better be came to London on the 10th Des.,
and consulted Sir William Permian. He afterwards
went to Matlock. His general health, got better,
but his powers of memory and work were so much impaired
that at Christmas, 1866, he was obliged to resign his
situation. He had Mime consulted Dr. Rateliff, and
under his care he had got considerably better in many
respects ; but • very long time mart elapse before be
would be restored, if Sever, to such • state of health me
would enable him to resume his occupation. All the
medical men recommended care, quiet, and rest, as the
. . . .

only means by which he could hoin'te recover his health
but that the learned counsel for the plaintiff said was to
a man who had to earn his livelihood Hke taking bread
out of his children's months. The plaintiff had spent all
his savings, and he now called upon the company to com-
pensate him. The medical evidence went to show that
railway shocks are different from any other, and that it
was impossible to say when or whether the plaintiff would
recover, but be was getting much better.
The Attorney-General, in addnnsmg the jury for the
defendants, said the reasons why they had not settled the
case were, first, that they had no accurate foundation to
go on, not knowing his present symptoms ; and secondly,
because the company, having a regard for the interests of
the shareholders, would rather the damages were awned
by a jury. The plrintiff was stated to be now at the wont,
and that he was likely to recover. The plaintiff was
entitled to compensation, but it must be measured from
the present time, and the period at which he was likely to
recover.

Mr. Realm, surgeon, was of opinion that the
plaintiff had unintentionally exaggerated his symptoms.
There was nothing inconsistent with his permanent
recovery. He thought science was doing too much, and
that brandy and water would do better.
Dr. Hancock said the plaintiff had received a severe
shook ; he could not discover in the case any organic
mischief to the brain or spice, or the membranes.
Plaintiff was suffering from what was called functional
derangement. Plaintiff was getting much better, aniwhen
the anxiety of the trial was over he would continue to get
better. -

---Mr. Coleridge—Perhaps you think that a good verdict
would have a very favourahls effect on him.
Dr. Hancock—A very good one. (Laughter.)
The jury returned a verdict for the plaintiff—damage',
1,8501.

COURT OF ARCHES.-DEC. 7.
(Before Sir B. Phillimore, Dean of Arches.)
THY ST. ALBAN'S RITUAL CARL—THE OFFICE OF THY
JUDGE PROMOTED BY MAIM/ e. MACCONOCHIE.
At the conclusion of Mr. Stephens' argument the coati
adjourned to a day shortly after the Christmas holidays,
to be notified to the parties.

COURT OF PROBATE AND DIVORCE.
Dec. 7.
(Before the Judge Ordinsry.)
YOUNG e. DENIM.

Dr. Deese, Q. 0., and DT. Swabey ap-
for the plaintiff ; and Mr. Montague Chamber.,
46.17dDr. Spinks, Q. 0., mad Mr. Gates for the defendant.
The plaintiff, as executor, propounded the will of Miss
Alicia Julia Dend , who died at Feltham, Middlesex, in
February, 1868. h of the instrument, which was
dated in November, 1859, was opposed by the defendant,
the brother of the testatrix, on the ground that at the
time of its execution she was of unsound mind, and that
she was subjected to undue influence.
The testatrix was the daughter of a solicitor, who died
in 1846, and by his will gave his wife • power of appoint-
ment over his property, in order that she might provide for
his two daughters, but the bulk of his property was left
to his son, Arthur Dendy, the defendant. After the death
of the father the family removed from London, and went
to reside at Southend, but one of the daughter., Albinia,
who had been imbecile from her birth, was placed under
the charge of an old servant of the family, named Harris,
and her husband, who resided at Feltham. In 1856 Mrs.
Dandy went to live at Feltham, where she died, having
first executed the appointment which she had over the
property principally in f
had resided avour of Alicia, whose will was now
in dispute, and who with the Harriaes,
from the death of her mother to the end of her own days.
By a former will Miss Dendy gave what property she had
to her sister Albinia for life, and afterwards to Mn. Har-
ris, and site appointed the defendant her trustee ; but by
the present one she gave • few legacies to the Harris..
and others, and bequeathed the rest of her personal pro-
perty to her eider Lairds for life, and afterwards the
principal to Mr. Young, the plaintiff, her omian. The first
will was proved shortly after the death of the testatrix,
but the second was not found for some time subsequently.
The case has already been the subject of a long trial.
On that occasion evidence was given to show that the de-
ceased was to all appearance the most competent of testa-
trite., but • number of papers of the most outrageously
insane character were found in her repositories, though as
nothing could be ascertained as to their dates, a verdict
passed for she plaintiff. A new trial was afterwards
granted upon the alleged discovery of evidence to show
when they were written.
The cause is likely to last 'heed till the end of the sit-
tings before the holidays.

ASSIZE INTELLIGENCE.

NORTHERN CIR.CUIT.7P4AecazeTza, Dec. 7.

CIVIL SlUL—{Belo» Mr. Baron Martin.)

BARKER V. LANCARHIRZAND YORKSHIRE RAILWAY COMPANY.

Mr. Brett, Q.C., was for the plaintiff ; and Mr. T. Jones,
Q.C., for the defendants.
Mr. Barker, the plaintiff, h a cotton spinner, and resides
at Ashenhurst, andf on the Ist December, 1866, having
been shooting near Huddersfield, he was returning froni
there to Oldham with his wife and gamekeeper by defen-
dants' line. and before the train had gone 200 yards there
was • collision, and his gamekeeper had two ribs broken.
Mr. Barker did not think at the time that he was much
hurt, and went to assist his gamekeeper. He felt •
pain in his batik, but thought it was not serious, and
would go off. This was not the ease ; he got worse, and
it was found he wee suffering from concussion of the
spine, with loss of appetite and loss of sleep, end a twelve-
month had now passed without much symptom of re-
covery. The collision was caused by the negligence of the
defendants' servant, who turned on • white light as the
train approached instead of a red one, and who bad sines
been discharged for the offence.
Mr. Jones intimated that the negligence was not dis-
puted, and the only question was ea to the amount of
injury and damages.
Baron Martin asked if they could not settle these by
arrangement; hut Mr. Jones said they had already tried
that in vain.

The case then went on, and A post number of medical
witnesses were celled on both sides.

TM jury found for the plaintiff—damages 1,901.
MIDLAND CIRCIIIT.—Deasy, Dsc. 7.
(Before Mr. Juatice Keating.)
AMIN TT TO OMIT A RAILWAY ►NOIYL

Porous Ofthmaer &oak *od 23, was charted with hav-
ing, on the Zird July last, unlawfully *old a pieta, of
wood and two Moues on the rails of Ilse Melbourne brands
of the Midland Railway Company at Sindo Moor, and
threeby endangestur the safety ef John Tepliffe, an miles
driver.
Mr. Mellor pecieented.

Prisoner worked ou the line on the 2 trd July, and gave
over work at eight o'clock in the morning. Between six
and seven o'clock in the evening an engine was convey.
ing some men from Normanton and Chellaston, when it
was stopped by a tanner named Holmes. On the nun
getting off the engine they found a piece et wood placed in
each a manner that the flanges of the engine would
have caught it, and thus been thrown off the rails. A
little further on they also found two large atones on the
railr. _ . .

Mr. Holmes, farmer, Sinfin, said on the evening in
question he was near to the line of railway, when he saw
prisoner pick up a *see of wood and place it on the rails
about sixty yards from him. He shouted and asked him
what he was doing that for, and he replied that "be
wished the engine would burst and blow the
—to hell." He (Mr. Holmes) then heard the engine
approaching, and he signalled to the driver to stop it.
Prisoner was found Guilty, and
The Judge, commenting on the seriousness of the offence,
sentenced him to five years' penal servitude.