The Express.
London, England, 1857-03-21 00:00:00

LAW INTELLIGENCE.

THIS DAY.

EQUITY COURTS.
(Before the Master of the Rolla.)

IL pomEst._

In this case a motion for an inatnciion had been made
to restrain the defendants from diverting their railway in
the manner proposed, and also from permitting the railway
or embankments continuing on the whole of the line of the
Manchester and Burton turnpike road. The object of the
application was to prevent the railway company from inter-
fering with or preventing the access which the plaintiff and
other inhabitants of Bageworth now havewith the Munches-
ter and Banton line. . . . .

His Honour now gave judgment. He said it was a prin-
ciple that a railway company should not interfere with exist-
ing rights without paying for them, and that they could not
interfere with any rights except w far as they were within
the scope of the pawns contirred upon them by their act
of parliament. On the other hand, when the railway.. was
once kneed, it was to be treated like any other propnetor.
In Balsam it sneered that the road woo begun in 1850; and
it was constructed up tithe river Goyt, which was about 250
yards from the Manchester and Buxton reed. In February,
1854, the work was suspended for want of funds. In No-
vember, 1553, the project for constructing the railway, wan
matured and the plans deposited, and the act passed the fol-
, lowing year. The deposited plane took no notice of this
road, and the act passed without any notice of this road, or
any provision being made in respect of it. After the act
pawed the committee for constructing the road built a bridge
over the Goyt where they knew that the railway woad be
subsequently made. By the diversion of the Manchester and
Buxton road, the junction with the Bagsworth-road was
rendered more easy so regarded gradients if the road crossed
the railway on a level but at an increased expense. He did
not consider that under the circumstances the plaintiffa were
entitled to the injunction, if there was nothing in the en to
impose the expense of effecting the junction of the road
upon the railway company. lie should therefore make no
order in the motion, and the costs would be costs in the

THE POLICE COURTS.
THIS DAY.

MARYLEBONE.
A BRUTAL HUSRAND.

Cheeks &reser, an ill-looking man, was brought before
Mr. Long, charged with the following scandalous outrag
upon Emily, his wife, • respectably-dressed woman, about 93
ars of
ye age.
Complainant deposed that in consequence of the prisoner's
continued ill-treatment she, on Monday, left him, and
sought the protection of her father, living at the White Lion
stables, Edgevrare-road. On the previous evening she we.
passing along the New-road, near High-street, when the
prisoner flew at her sod struck her with great violence
upon the eye; she screamed out as loud as she
could for ae•ftance, and immediately afterwards hailed •
cab. She got into it, when the prisoner followed her, and
also struck and kicked her in the vehicle, in addition to which
he tore off her bonnet and shawl, and threw them into the
road. He then alighted, and after jumping upon the articles,
saying that they were bought with his money, he ran off.
Thomas Walden corroborated the above evidence, and com-
plainant's mother-in-law also spoke as to the prisoner's fre-
quent assaults upon his wife.
Police-constable 399 A stated that hearing cries of " Mur-
der," he stopped the sooner who was running at the top of
hie speed, when he risoner) told him that his wife was con-
tinually annoying m, and that she was living with
another man. . .

The prisoner, who denied having acted with so much vio-
lence as had been sworn to, and sold that his wife strack
him first, was sent to hard labour in the Howe of Correction
for two months. He was then locked up.