The Express.
London, England, 1868-05-02 00:00:00

EMI AND win V. rn ORIAT WWI= lIAILWAY

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The plaintiffs were peueringere in an excursion train
which stopped at the My! elation. The carriage they
occupied went beyond the platform, and after the male
plaintiff had alighted be audeted his wife in getting est, bat
in eoneeeuenee of the distance of the step from the ground
she slipped, and injured herself. At the trial be/ore Mr.
Justice Beating at Shrewsbury, the jury found a verdict
for the plaintiff, with substantial damages.
Mr. Huddiesten, Q.C., and Mr. J. 0. °riffles now
showed pause against a rills which had been obtained to
enter a verdict for the defendant., or • nonsuit, or for
new trial. They contended that there was no proof of
negligence on the part of the defendaqta ; and that if
there was the contributory neeligeboe Sy the plaintiffs
exonerated the company from liability.
Mr. J. Powell, Q.O , baviag been heard on the other
able,
Barons Pigott, Bramwell, and Martin were of opinion
that the plaintiffs had failed to prove negligence by the
company.
The Lord Chief Baron, differing from his learned
brethren, said a railway company was legally bound to
supply reasonably sufficient aocorcunodation for tra-
vellers to alight, and it was entirely • question for the
jury in this ease to say whether such accommodation had
been provided. A railway company had no rightto expose
a passenger to the choice of one of two alternatives—either
to get out in s place of danger, or remain in the caning.
and go beyond his destination. Here the carriage bad
stopped beyond the station, where there was no ac-
commodation for a female to alight, and the jury, who bad
beard the evidence on the point, had found that there was
negligence on the part of the company. He therefore
thought their verdict should not be disturbed, but as his
learned brethren entertained a different opinion, the rule
to enter a nonsuit would be made absolute.
Rule absolute accordingly.
Sittings at Nisi Prine.—(Before Baron Channel' and •
Common Jury.)
WICK HAM V. KERNOT.

This was an action against an attorney for negliffannotao.
Mr. Field, Q.C., Mr. Burnard, and Mr. W. G.
appeared for the plaintiff • Mr. Huddleston, Q.C., and
Mr. Inderwick for the defendant.
The plaintiff kept the Salutation Tavern, in Tavistock-
street, Covent-garden, and in June, 1863, the defendant, a
solicitor, whom he bad previously known, came to Lim
and said two of his clients, Green and Stansby,
estate agents and auctioneers in the Poultry, wanted a loan
of 4001. upon the security of the lease of • house in Boyle-
street, Saville-row. Upon the defendant giving him an
assurance that the security was sufficient, he advanced
the money, receiving in return the lases and a mortgage,
and four promissory notes for 100/. each, payable at six.
twelve, eighteen, and twenty-four months, from
the borrowers. The leans was for 21 years from
IJune, 1863, at a rent of 1401., and it was repro.
seated that the house was sublet to different tenants
at a total sum of 228/4 which, after deducting the rent
and the usual outgoings, left a surplus of 601. a year. The
interest upon the loan was to be at the rate of 74 per
cent. Some of the bills were renewed ; 1001. of the prin-
cipal was repaid and a portion of the interest received,
but ultimately Messrs. Green and Stansby failed, and the
mortgage could not be realised, as the plaintiff hail been
led to suppose.
The defence was, that it was no part of the duty of the
defendant, as solicitor, to act as surveyor and ascertain
the value of the property ; that all he was called upon to
do was to tee that the title was good, and the mortgage
legally drawn up ; that the plaintiff was requested before
he advanced the money, to look at the house,
of the value of which he was as good a judge
as the defendant; and that if he neglected
to take that precaution, he ought to submit to the conse-
quences. It was further said that Messrs. Green and
Stattsby were very respectable people, said believed by the
defendant in 1863 to be in a perfectly solvent state ; end
that the defendant told the plaintiff that he thought he
might safely advance the money, but gave no undertaking
that the security was adequate in point of amount.
Baron Channel], in summing up, said the question was
whether the defendant made a bargain with the plaintiff,
not merely to ascertain the goodness of the title and the
legality of the mortgage, but to investigate the security as
to its sufficiency in value for the loan.
The jury, after considering the matter for a few minutes
in the box, said they found a verdict for the plaintiff—
damages, 30b/.
In reply to the learned judge, they said they believed
the defendant undertook to see to the value of the security.

COURT OF PROBATE AND DIVORCE.
MAY 1.
(Before the Judge Ordinary.)

PATTYNDEN (cLINK) r. PATTI:AMEN AND HEILZVELD.
Mr. Staveley Hill, Q.C., and Mr. Searle for the peti-
tioner. . _ -

The petitioner in this case was the Rev. G. K Pattenden,
the head master of the grammar school at Boston. In
1844 his sister died at a school where an assistant govern-
ess, Miss 'Waldron, showed her great attention during her
illness. In that year he became attached to this young
lady, and eventually, in 1846, he married her. At that
time be was 21, and his wife 20. Mr. Pattenden
afterwards took holy orders and occupied situations in
various schools till at last he obtained the principal-
ship of that at Boston. Ten children were the fruit of
the marriage. Some years ago he had staying with him
two pupils named Kent, with one of whom, as he grew up,
Mrs. Pattenden contracted • remarkable intimacy. Mr.
Pattenden remonstrated with her, but she satisfied
him that her conversation with Kent was of
• religious character. In 1858, however, Kent
died of consumption, and on his death-bed he
wrote a letter to the petitioner excusing himself for the
great error he had committed in alienating the respondent's
affections from him. After that the parties were reconciled,
and matters went on till 1864, when two persons named
Dann came to the school as teachers. It was alleged
that the respondent had become undulyattaohed to one of
them. In January, 1865, the co-respondent, -rho was
commonly called Charles Louis George Hotach, but whose
real name was George Herzfeld, came to the school as a
teacher of drawing and modern languages. About this
time one of the children named Gertrude, aged 16,
was taken ill. Herzfeld professed to have some
knowledge of medicine, and saw the child a good
deal. A considerable Intimacy thus sprang up be-
tween them. Herzfeld began at last to develop a great
deal of arrogance to the servants ; and in the November
following the petitioner dismissed him. herufeld went
away, and at last obtained a situation at the school of the
Rev. J. Ingle, at Exeter, which he kept for some short
time. After he left, a letter arrived on which Bd. postage
had to be paid. Mr. Ingle, thinking it important, kept it for
sometime, and being unable to find where HerrJeld was, be
at last opened it. It proved to be • very warm ',LAI'
from the respondent to Herzfeld. It was communicated
to the petitioner, who separated himself from the re-
spondent, and began the suit. Mr. Hill stated that he had
obtained an attachment against the respondent for circu-
lating a series of foul libels against her husband, but as
she was in ill-health the writ had
The respondent (who did not appear) had sent these docu-
ments to the Queen's Proctor, and the learned counsel pro-
fessed himself anxious on ate part of the petitioner for
any inquiry that it might be thought desirable to institute
in the public interest.
In support of the petitioner's case servants were called
who proved that they had noticed considerable inti-
macy between the respondents. While the child
Gertrude was ill one of them had seen them lying
on a bed together; but the respondent said they
were only resting themselves. On another occasion,
however, Mrs. Pattenden had gone to waist, as she said,
the servants in their preparations for a public lunch that
was to be given on the speech day ; but, instead of helping
them, she bad spent a couple of hours with the co-respond-
' ent in his bedroom.
Letters of • penitent character, which had been received
from the respondent by the petitioner, were eke put in.
' Sir J. Wilde said be was quite satisfied ; and added
that the wife's letters seemed to show that she bad no
sort of charge whatever to make
.against her husband.
There must, therefore, bee decree nuu, with costs.

- THE POLICE COURT&

Mr. Charles Cate, outnlbus .air cab proprietor, of
Henry-street, Gray's-inn-road, was summoned before Mr.
Barker to answer the following complaint : That you did
unlawfully obtain of and from the Hop and Malt Fachanyi
and Warehoese Company (Limited), by means of certain
false and fraudulent pretences, the sum of 351., with intent
to defraud, eortrary to the statute.
Mr. Lewis appeared for the complainant, and Mr. Taylor
for the defendant. _