The Express.
London, England, 1861-06-21 00:00:00

COURT OF COMMON PLEAS.

Sittings at Nisi Prim; it Middlesex.—(Before Lord Chid
Justice Erie and a Special Jury.)

MAUI V. LINDSAEAND OTHEIL4.7.DREADVOL ACCIDENT.

This was an action against Mesas. Lindsay, the great
shipowners, to recover damages for injuries of a very serious
character sustained on board one of their ships in which the
plaintiff was third engineer.
Mr. Wordsworth and Mr. Macdonald appeared for the
plaintiff, and Mr. Lush and Mr. Watkin Williams for the
defendants.

Tie plaintiff was called as a winnow, and he said that in
1857 he had been for upwards of five years in the service
of llfesers. J. and A. Bligh, engineers, of Limehouse. Mr.
Simpson Wontner, the chief engineer on board the Ireland.
came to him, and witness agreed to serve on that vessel as
third engineer. He joined the vessel at Portsmouth on the
2Srd Sept., 1857, and the next day they sailed for Kurrachee.
Witness agreed in London for 8/. a month, but he had to sign
for 81., because he bad no money to bring him back. On
Oct. 20 he was sitting in the engine-room, drilling a hole,
when Simpson called him to assist in lowering the screw.
He and two soldiers had hold of one handle of the winch,
and three firemen had the other handle. When they were
ordered to the winch there were two or three semen about
the deck doing nothing. The beadle that the firemen
had bold of came off, and witness was immediately
struck insensible by the other. His left arm was
broken in two places, and it was set the day of the accident.
Two days afterwards it was set again, the bone almost
protruding through the skin in consequence of the splints
having been improperly put on. The arm was nest again
nine days afterwards by the same surgeon. He was alas
caught under the chin by the handle, and all his teeth
were smashed. His shoulder was dislocated, and remained
so at the present time. Hie thumb was knocked out of
joint, and be reoeivedacut on the eye. The flesh was stripped
off from the top to the bottom of his ribs on the left side, ands
bole was knocked in the fleshy part of his thigh. A surgeon
saw him at the Cape of Good Hope, and said that be would
get better. He saw another medical man at Kurrachee,
who did nothing, but gave the captain advice. He saw
another doctor at Bombay, and his arm was broken three
times, and reset there. The bone ends rubbed together,
but no union was formed. He also went to Mr. Foggerty,
• doctor, at Bombay, who broke the arm and set the bone
sods together, tying it up with whiting and
gum. Witness afterwards came home and went to the
London Hospital, where be remained three months an in-
patient and three months an out-patient. The arm was
broken and reset twice there. He came home in the Forest
Queen. There was a medical man on board that ship, but
be would not attend to witness. because he could not pay
him 11, a week. The last operation was having a seton put
into his arra, and he was discharged from the hospital 'n-
amable. The day after he came home he applied to
Mr. Lindsay to Imow why his pay had been stopped for
the two other engineers had agreed to work the ship home
withouttheaasistanoeof &third so that he might be paid-Pfr.
Lindsaygave him a sovereign and in aday or two's 'mobs re-
ceived his wages, 401. 'After be came out of the hospital Mr.
Lindsey asked witoesa if he could drive his machinery in
the country, and whether a house, cosh, candles, and a
=a week would suit him. Witness expresied his
and Mr. Lindsay said he would write to
his steward. When he told his wife she was
overjoyed, and at once gave notice to quit their house.
When witness saw Mr. Liudsay a day or two after, he said
be had written to his steward, and he was very sorry to say
that there was no vacancy. Witness had received 1001.
from the Engineers Club, and with that he had taken
• boar-shop, but that money and • good deal more had been
sank.
_ _ _

Home evidence was also given to show that the cense of
the accident was the want of a pin or something of that
kind to prevent the handle cennug off. That the handle
had come off once or twice before ; that the chief engineer
had been several times warned that it was not safe ; and
that after the accident stops were taken which prevented
the handle from coining off again.
One of the witnesses described how the accident hap-
pened. The ship pitched and reeled to port, and the man
clung to the port handle of the winch, and it came off.
&ark and the two soldiers who were at the other handle
had no warning, and were overpowered. The soldiers were
obliged to let go, and Searle still clinging to the handle was
thrown a somersault on to the deck, and the handle during
ten or twelve revolutions struck him as he lay. The handle
then flew off and went spinning on to the poop.
Mr. Lush, at the conclusion of the plaintiff's case, sub-
mitted that there must be a nonsuitAinumuch as the autho-
rities showed that a master was not responsible for any
injury caused to a servant in his employ through the negli-
gence of soother servant, or from a defect in the thing
used, unless personal neglect was brought borne to the
master. There was no evidence here that Mr. Lindsay
knew of any defect in the winch, or that he was in any
way to blame.
Mr. Wordsworth submitted that these cues were subject
to this provision, that the master had used due care in
selecting competent servants. In this case the jury might
think that Oimpson was not competent, and certainly
soldiers who were not competent were employed at the
winch. He submitted further that the authorities aid not
apply to servants employed on ship board. A man employed
on land might, if the machinery was out of order, leave his
work, midget outof danger, but on ship boardhe wasbound to
obey orders, and might be put in irons if he did not.
The Lord Chief Justice, after consulting his brother
judges, said ho had no doubt that the case on behalf of the
plaintiff failed. The rule of law wu that a master
was not responsible for an injury done to one servant
by reason of the neglect of another servant, or by reason
of the defect of the instrument employed, unless there was
personal neglect on behalf of the master.
The defendant, at the suggestion of his lordship, under-
took to pay the costs of the day, in the event of the caurt
thinking that there should be a new trial.
A noosuit was then entered.

The plaintiff on hearing the result became very excitedt
asking what was to become of him The defendants bad
had him survisse, and now his wife and family were left to
want bread.

COURT OF BANKRUPTCY.
(Brion Mr. Comminicser Goolbare.)

IN RE MATTHEW MHIELD.—THE CAPE TOWN RAILWAY.
The bankrupt, though decribed u a shipowner, of Great
Queen-street, Westminster, bad been pnocipally engaged
in business as a contractor for railway works. This was tho
adjourned certificate meeting. At the last sitting a ques-
tion was niapil as to • former bankruptcy in Ireland, and an
atijournmenTwas directed in order that evidence might be
obtained as to that bankruptcy.
Moroni. Trehern and White, who represented the as-
8.
did not oppose. Mr. Sergood opposed on behalf
orlde:.
sr s. Guest and Co., iron-merchants ; and Mr. Link-
later supported the bankrupt.
Evidence having been given that Shield had been bank-
rupt in Ireland in 1849, iu partnership with a person waned
Furlong, sad that they had never passed their last examina-
tion
The bankrupt was examined, and stated, in answer to
questions by Mr. Linklater, that he bad always disputed
the Irish tenkrtiptcy, on account of the insufficiency of the
petitioning creditor's debt, which was only 981., instead of
1001., as then required by the statute. Before that bunk-
, ruptcy, be and Mr. Furlong, his partner, had made a pro-
posal to their creditors to pay their debts in full in twelve
months, with interest. All the creditors were willing to
accept it, except Mr. Hughes, the assignee. There were
proceedings both at common law and In Chancery ; and
when the matter came before the Master of the Rolls in
Ireland, he expressed an opinion unfavourable to the bauk-
ruptcy : be said, " I wish you joy of your bankruptcy upon
such • petitioning creditor's debt as that." fletghter.)
After the bankruptcy in 184/, he was engaged in Dublin
for two years as • commission agent, and made a respectable
living. He and his partner bad arranged with his cre-
ditors under their bankruptcy to the extent of 1,21.10/. or
1,5001. out of 2,0001. He came to London in 1853, sod
commenced business as • contractor. He was secretary to
one of the gold mining companies for six or eight months
until he got better employment. He became secretary to
the Brazilian kfiningeompany in October, 1855, and towards
the close of the year got engaged on some matters relating
to the Fast Kent Railway. After that, on the failure of
Fox, Henderson, and Co., be was engaged in arranging the
transfer of their contracts to other parties, and in respect
of those transactions had a large claim on Messrs. Burge
and Co. In 1856 he was engaged in executing a railway
contract in South Wales. That work lasted about twelve
months. He claimed for that 12,0001., and, as was fre-
quently the case with contractors, he bad to bring an
action against the company, and got a verdict for 1,0011(.
for the damage, and another arrangement was made as
to the debt. He had a claim against Fox, Hen-
, demon, and Co., at the time of their failure, for
7,000/., but about 5,0001. was paid by other parties. In
1857 he entered into a contract with the Cape Town Rail-
way Company to construct their railway for such sum as
should be agreed upon between the government engineer.
the engineer of the company, and himself. He had no
copy of that contract ; it had been assigned to Mr. Edward
Pickering, who was now executing the works. After enter-
ing into that contract, he was applied to several times by
Mr. Starling, the broker for Maim Guest and Co., to take
from them the rails for the Cape Town Railway. Before
agreeing to do so be showed Mr. Starling the contract he
had with the Cape Town Railway Company, and Messrs.
Guest and Co. were willing to abide by all oontingeucies on
which that contract Hs was tumble to carry out

. I old Town Railway contract, became a firm named Dolee
• . • -looirtii,t him 2,7001., atel this mural him emberrasanient.
Id ses &dried to sell hi contract, sad made arrangements
• •th Mr. Pickering to take it. sir t'harlos Fox, who knew
' Ins ken by Isles, reeoninien.led him Dot to attempt to
r wry out the Car Town eerier...et iu Iris then position, and
aid that he would get him an offer made fur at. This was
selsequently dole threugh Mr. Releases, of the Ebbw
tAi las Cumpirey. In surrealeturg the contract be .tad that they should tale Mears. Guest's reds a his
witik but the, rem not carried out. lie had contracted to
toy rem) tens of rails from Mein. Guest for the Caps
rows It rileae, and :ache tons for an American railway,
l.r which be hid a contract to supply the rails. The letter
, ritrat was not corinl out, owing to the American mein ;
Ile Staling was informed of it; but as iron then
• •se Aisne If. r too, oo complaint hail aim reads
( hi. tee ta 4 ing those rile. When the time
.ntrol for the delivery of the first rails foe the Cape Tows
eeilway, the eompany had not get their coot/act with the
~...er,l goverunieut eompleted for a guarantee of lutenist,
Ina they wily not ready to premed with the works There-
.l. e. Mere. i :wet ertrodel the time for the delivery of
i... mil.. and it was ultimately uoderstoorl that they
.i.ould or be deliveeed till he had actually to supply them
: • tl..- :••iniony. The reil• were never tendered to him by
Ili 0i1... l;in'tt. lo January, 1,4:0, they sued him for
....ow .I.onages. Prom the time of the contract op to
itt.t tone there had been ~ rootinuallv rising market; and
i le ore 5.W..% bail Ilion sail the rails to any other
the r mull have get a much higher price. He ofeead Mem
ewe le settle the action. but it was ileclionl ; he after-
. iols effereil Lome., and his acceptance at six mouths fee
-oir, hot that was afro des-lined. The action proceeded,
and I' coomoted to judgmeut for 5,1111111., on the under-
4..inloie that he vim to piy them LOON. in 12 months.
He t.. 1.1 Mean. Gard of hi. eircirrostaneen at that time.
es.* alter they get nagnwst they attached the shares
'hob he bad in the I 'one Town Railway, rt,:100 is slumber,
shish were then .1 value ; and the result was, a ra=
-est.. in the mterval, that they were lost to him. Up
I I '..mat hail brew part en those share.. lie newer led
.I..4ife'e of iron (rem Memel. Guest and la.
Br Mr. Sargeml— Had 5.4 taken any legal weasseen tes
elute the validity of the Irish benkruptcy lie aesigeed
teit 'ape Town centrict to Pe•kenng on the IIM of Janiuu7,
i.-0. having entered tote it no the sl.l of iDeeember, leliT.
He had no other rostra % with that nenpany, except one
q•eifying the uremia payment for certain shares, which had
ens fulfilled and completed. His contract with Messrs.
• •••set and Co. foe the purchase of rade, made is January and
iied, Wet, was to the amount of shout AO,OOOI, At that
. use the l 'ape Town Railway C mipany had amid the ear
1.4 with him by which they were hound to take from bins
rerything required for the otinstration of the bee dons
:. • a wherlhurmr. lie did not ...result Mews. Guest lie-
f-re aligning that contra. 4to Pickering. He informed
Wow tardier that he was about to el...rebut did not Malt it
-remarry to consult them, u he cooceival they had nothing
.... .in with it. After assigning the contract he bed an
WY, of as own eat paying for the rails except he bed
ell Stiehl to segue other parties. When be bought them/Inas
bid Mr. Starling that be might have to sell them to NOM CONII
dm. He told Mr. Starling that there was &question whether
:be railway company would get their contract with the
4.'161 government, or whether they would get it on such
...rm. as would render it prudent for him to take the coa-
t.. t with them, and Mr. Starling add " With iron at its
:meet price you will have no difficulty Moiling the rails at
osoiderable profit." In assigning hien-street to Pickering
• at not stipulated that Mann. Guests' rails should be
Aim. but Afterwards left out that stipulation in order to
...le, Mr. Th.,. ttraismy to join in the security for 25,0C31.
• i,i.b Ives revered by the colonial government from the
eilune. If he had- not does an he should have lost the
ntraci .degether. He had rtreived (rim Pickering 3,000 e
eii, or in hills, for the assignment of the contract, sad
lering had paid the comply syaw. on We shares. This
• . tam° or eighteen months before the bankruptcy.
Mr :Me:nod—HOW much of that moor, bare you gives
il. to your credits—anything or nothing?
Hoak rum- -1 had now of it at the time I was made bank-
:et. Mr. Pickering appears in my beano-sheet se a good
. Isor for re,eoo/• lees theammint he hail paid on the shares ;
'.l lie adnutted that debt at the time I filed my beams-
Mr. Sergood said hie clients complained that the bankrupt,
.-11. g a nos practically without mean, bad entered into a
entrat with them for 50,000/. worth of iron, on the mere
uri...iti..a or contingency of having • contract with the
'gee Town Railway Company, or on the speculation of sel-
,nr the rails to some one SIM. On this ground he sub-
sated that the certificate ought to be suapewled.
Mr. Linklater moldered that Mesas. Gust had suffered
. lone and had no ground of complaint. There ass no-
Meg to diessitle the bankrupt to as immediate certificate
.i a high dam.
Hi. Honour 031, delivered judgment, and said this as
4.1 been before the court, "Mauro, its slow length Moog,"
e one year sad two mouths. This was one of the eases
'hob ought never to have heed before the court at all, in
.•e preset state of the law. The bankrupt was a mere
dreeturer, who hail 'nought himself within the range of
In bankrupt laws by During shares in ships. as he
,•I bought shares in anything and everything he
sill. He was one of those persons they so
41. a met with living on their wits, and getting into debt
othout reward tu their former failures or anteceilente. His
twour then reviewed the fret. already reported at meal-
krible length. On the Ist of .lanuary, I/459, the bank-
'opt tot credit for a capital of Ili,:telf. Let them see,
titer the mountain had laboured, the sort of moose it
Freight forth. There was cash at this tankers, 4!. Iles •
e..l.l.ehts, 11,700/. What had Mr. Pennell received frees;
tam
Mr. Penwell aid only about 1001.
The Commissiouer said there were some shares and a
lon for eSontission 00 Berge and Co. The only books
eet by this " men:haat" were two backers' hooks. The
enlirept was brought by a fictional law, and Doti:a:Tait ,
euua lb. Bankruptcy Act. The haskrupt wee Dot
a reality manteM by the soignee. ; they
Ihi frisediship by " leans( the matter with the mark"
le bet they did all they could to all the hank.
met M. Gent and Co., who were creditors
oe a judgment thatined for LOOM,. bad opposed. There
...semen! adjeminmsaM, they haft( their opposition
me with • view el fatting a settlement nal preferable
enurement. It was net alleged se serenned that there
...s anything in the Inekrupt's eseiert to brim him
earn the penal dams of the aanett,, or that be had byes
Ashy of hen& The imelien wan whether, leek-
Lti. b. agar se Mon, he amid me new receive his me-
lba there wee ale pent WI abed WIN*
be which eat tellies a Ildieleted elm Ihis wee
WWI he bed hese bankrupt se inedeng imam
lb lenge' he eat is thin emit, the mem nmelaced be wee
1 the. wipso. of meestalaing the enlewidents of the
*Mende whe mime bolos him In the preeset Mate of
WROtaree• ef essepelithin and exciting* In the markets
am spicing isp, seirdly keen hem where, probably
'Po aow at all, and played their ousters
other pesple's mosey. They boasted of
wealth and epeleore, awl when they failed
we important to remain their antecedents. When
mated he had sin beers bankrupt before be said
v. . tree, and if he had ordered an 'abetment
he emit net have escaped. Here wee an estate
wet " throughout. He should suspend
NIMMSMO It inl cloed her eighteen months from the
bee ef the petition. and bankrupt would have that which
*dee% me hie principal object throughout—protection.
..„.

kMier; XiAkenasienteserintroy.l.)
)11tikat'la:ctiodeadialtITIOrcuoirlD ACHMADZI!IoinrIDrft.D.;:i
1.60.046 lasnsereera sod Co.. aad also 11aeder the2lf the separate
at Ir. D. Ilsbradea, the Leeway., partner.
lb• I 11lawny amend fur the amagaeas ; Mr. Bailey
rather&

Feed wee lowlired, on behalf of Messrs. Beetekee,
wetnnwra. and Co., leather•factera. of Berrnowdesy, for
1.104/.. e• • ball draws by the bankrupts and aecepted by
Yr Mindy, wired bill, it appeared, they bad taken out of
the hods Ibsen. Leyland and Hulling, bankers, of
after the bankruptcy of SocatfeiLl arid Cu.. in
why to prevest proceedings in baukruptcy being taksit
emit 37.. Xeady.
fir. Mieney elthealed that Ike hill bed been taken by the
Llise with fall knowledge of lie ilieembeees, awl, there-
Hr kr• with an lee kinks.
WORM Mild list tile pease! War et the bill was
eetitlsd to all the rights et the knew Widow tad
earl the perrel.
lb. wine derieke was gives be the ewe el Mew& Bard
sal ta.. who peeved en two bile Is. I.IOIIIL given by Mr.
Id +., the naked amigos% has be Lead wort' of
; bat es large payments bays 1* be made ea wicoant
dibeelleki, it is impossible at the grewst Emmet to 5.
a. pr.i. annount of the dividend. A dividired of 2a GI
lee already paid no the joist estate ; end the further
"Ark whisk will be aseweenly men, will shortly be
tasoisesed.

OSlo VlVOrote ostato of Ir. Schrader s dividend of 20s.ihe pawl will he declared.
o sa TWO PLCMITZAD AND WOOLWICII CO-ORRATION coo.VOW:4 coOrAIIT (warren).
A winding.", petition had hum
_preseeted 'Oast this
epoy by • shionlinider and creditor, and this was the
.bt appointed for the bear*. There was 00 opposition.
sod the ardor was made. The esespany is a concern,
*ark wee established in January. IMO, for the purpose of
'Molina( its members with provisium at • cheaper rate
Asa they can be obtained by retail.
IN II 1000 COOS.
Thu bankrupt, a currier, 4.4 Yarmouth. applied for hi'
ertiksie. The accounts, prepared by Mews. Brown sod
*ea. show • labia of 5,0001, with Weft Infikiellt to pay
in the pond.
Swaney was for the emigeoce, and Mr. Dubois for the
-knr.
H 0 itmour mated • certificate of the first clam