The Express.
London, England, 1861-12-11 00:00:00

COURT OF COMMON PLEAS.—Dze. 10.

Sittings at Nisi Prius in London.—(Belore Lard Chief
Justice Erie and a Special Jury.)
THE LONDON D WEBIIIIIOII2II BANK V. TAME.
This was an isms directed by the Court of Chancery to
try use right to 3,0 C Y., which had been placed upon deposit
by the late Mr. James Jobbing Williams, of Knightsbridge,
at the London and Westminster Bank.

The matter occupied the whole of the day, and at the
rising of the court the planatiff*s ease had not concluded.
Under theme cinumstanore we postpone our report.
SE(X)ND COURT.

Sittings at Nisi Prins is London.—(Before Kr. Justice BAN
and • Common Jury.)

HEATING V. BIRCH AND ANOTHIUL-OIRITBUS ACCIDENT.
This was an action to recover damages for injuries sus-
tained through the negligence of the defendantie servant.
Mr. Hawkins and Mr. Brandt appeared for the plaintiff,
and Mr. Serjoint Pigott and Mr. Barnard for the defeinlants.
The plaintiff was an omnibus conductor, and on the let
August last he was in the employ of the defendant*, who
are omnibus proprietors. On that day the plaintiff was
with an omnibus which was leaving the Victona.staition for
Umutlen-town when he stopped to take up two ladies.
One of the defendants' omnibuses was close behind, and it
seemed that there was • competition between the two
conductors for the passengers. The plaintiff, however,
succeeded ; but his ease was, that as be was getting the
ladies into his vehicle the pole of the defendants' omnibus
was driven spinet his back. squeezing him against the
monkey bwd. Although hurt, the plaintiff continued bin
journey, and went to work the next day, but symptoms
came on which showed that he was seriously injured. On
examination it wee found that two of has ribs were broken,
the spies was tender as from • ooscumion, and the kidneys
seemed to be hurt. There was spitting of blood, difficulty
of and symptoms that showed that there was
something matter with the bladder. The consequence
was, that the plaintiff was confined to his bed for • month,
and to the house for a fortnight longer. He then went into
the country for • week, but it was not until six weeks after
he mane back that he was able to go to work. Previous to
the accident he had been a bale, strong man, but since then
his health had been much affected.

The can for the defendant contradicted most of these
cirmunstanoss. 8o far from the pkintiff being strong at
the time of the accident, it was mid that he had, down to
the day before the saddest, been laid up in consequence of
an injury to the ribs, sustained by falling into a pit. The
pole of the defendants' omnibus never touched the plaintiff
at all, though it did touch the hearths of the door; sad
instead of the plaintiff being confined to the house for six
weeks, thirteen days after the accident he was in Totten-
ham-court-road, drinking gin with some acquaintances, sad
asking them not to say that they bed seen him, became he
was supposed to be laid up in omeseguenee of the injury.
Some of the witnesses for the ilaiendanhi„ when ogled to
give evidence, did not answer j and the ease elided by a var.
dirt being given for the plaintiff—dereepe W.
• COURT OF EXCHICQIT/ER.—Dec. 10.

Sittinp at Nisi Pries at Chilldball.--(Before Yr. Baron
Bramwell sad a Swirl J ark.)

°mammy? v. rICAID.7IL.OARE OF WATOBI.3.

(00etioned from yeeterday's Express.)
Murphy then addressed the jury for the defence, and
celled
Mr. Janet Picard, the dehodsnt, who deposed—l bare
bees is bushes, for 18 years in Broadotrest-beildinge.
Newman came to ew and said he would tolled's" a meson
who had a bill as Seri and Bone for discoont. He eater
gently brought Mr. Goldstar= Newman had looked at the
watches. I did sot producer the two wahine "Berwises"
se a seine% for he bed seed to look may at cheep wiser,
and these NM the 88e. wistehes. I bed got aallio-
rity from Mr. Hue and the easesseer of Bemis%
to put kis same as valeta; which win
part at twelve made to he net oat to Indio,
and for white I had not ben paid. I did not know
that theme two wearies had hem IA mad =we with the
others. I never mid that these mhos were by Demise,
sod that I woad wsmat the others I. be equal tote Mum
Mr. Picard mein no comphint until ass day be eame to
my shop with a pence, and mid I hod sold him maim
with English amens ea them, whisk I bed no right to do,
ai.d he would brim as action spinet me. Be thee reinW
out of the shim.
Crone-exemisied—l hod made yahoo far • Mr. De Km-
mac
thee. Wlsse hi ad , and at We
soot
I put the mine
appli of Baryies as
pey for them I ed to Mr.
Itorkard for have to eell Me wakeless. Mr. Piieri did era
say to me that he wee salidled or dientlied with the
witches. Newmea wee beal=fo ad .wed me Oa"
1501., sad imeidas I had lost wow by him he would intro-
duce this mast to me. I borrowed MCC to discount the
bills, from Mr. ether, es Wormy, sad Iwe to give him
half the probe. -I paid Mr. Spies, 701. I hsd a person
named Wad I. my employmet then. I did sot say to
Ward I was glad m get rid of the lot, sad would have taken
230 i. for them. Ward ILO kit my service.
Boonsmisol—The *hail would not endorse :the hills--
they were rely Sarl's and wire ultimately paid.
/Ir. So/efts Spier, solicitor, of Brasketrookulddings,
proved AM be bad advanced 11001. to the ddeedeat to
enable him to &scour t the bills. He wee preent when the
invoice we made out, and did an hear the nem of
Darwin wooalthoood, nor was we made of say particular
watch se • simple.
Cirossyseedsmed—l have nothing le do with this seam
The pkdatiff tubed me to bring it, end I desliind.
Mr. W. Boris= wee ailed, seedamend at the whole-
sale 'elm of the welshes meat&
Mr. Serjeant Parry—Tess are a retell dealer ; would yes
eve 4481. lls., less 30 per cent., for these ? Here's a ohm=
for_yote—they are going, goiog—shall I ssy gone. (laughter.)
Witness—l must consider.
Herjesnt Parry—Bat would you give 4481. for
them, less 36 per net.
Witness—Now, are you making a bargain with me?
(Greet laughter.)
Mr. Ser}eaat Parry—Now, look at this watch ; would you
pat it for Gale la your window ?
Witaaes—Yes, I would.
Mr. Siejeen Paery—Are you a 'Wigmaker ?
Witases—No, f am Dot ; and there is not a watchmaker
in Loads*. Clerkeowell makes the watches, and Geneva.
(Laughter.)
Mr. W. G. Baker, a partner in the km ot Proclaims sad
Baker, deposed that he had examined the watches, sad
estimated the value at the same price as tie last MINIM
namely 448 f. lls.
This closed the defame, when Mr. Murphy gemmed Mr
the evidence, and Mr. Berjeaut Parry :aped oa the whole
see.

Mr. Baron Bramwell, in ramming up to the Jury, left it
to them to say whether the defendant bad ghee the plain-
tiff • warranty of the watches, and if so, bad it been
broken. If they found that for the plaintiff, then be was
entitled to their verdict, for although • men who made •
bed bargain without • warranty could not recover, as the
old rail—brayer, bewere—appLiad, yet • weereaty vadat&
Mg on him who gave it.
The jury, after • few minutes' delibeeatie• ht the box,
found a verdict for the defendant.