The Express.
London, England, 1861-01-31 00:00:00

COURT OF EXCREQUER.-JAN. 30.

Sittings in Banco.—(Before Barons Bramwell, Channel],
and Wilde.)
VaNIEWORTH r. HANSON—ACCIDIM

This was an action brought by the plaintiff, a boy eight
ram old, through his next friend, t, recover damages for
injuries sustained by reason of the negligence of the de-
fendant. It appeared that the deleotlant had been the con-
tractor for erecting a wing of the St. Luke's workhouse,
Chelsea, and that the hoarding fell on the plaintiff, breaking
his leg. The defence was that the boy was playing with
others and pulled the hoarding down, so contributing to the
accident by his own negligence. The jury at the trial,which
took place at Guildhall a few days ago, found for the
plaintiff.
Mr. D. D. Keane now moved for a rule to set aside the
verdict, on the ground that it was against the weight of
evidence. _ _ _

The court granted a rule nisi.
BEHRENS T. THE GREAT NORTHERN RAILWAT COMPANY.—
LIABILITY OP RAILWAY COMPANIES AC CARRIERS.

In this case, which was an action brought by the plaintiff
to recover from the defendants, as common carriers, the
value of • picture consigned to them and injured, a rule had
been obtained, which raised the question as to the liability
of railway companies to rimy for the damage of articles
consigned to their care. The cause was tried before Mr.
Baron Bramwell. at Middlesex, and resulted in • verdict
far the plaintiff, under the following circumstances :
The plaintiff had in May last sent a valuable picture by the
defendants' line to Neseastleon-Tyne, declaring that its
value was over 100 f.—thin declaration having been made to
the driver of one of the defendants' carts, which were sent
about to customers to avoid the necessity of goods being
sent to the various depots of the railway for the reception of
merchandise. The defendants' servant signed the receipt,
end by the rule obtained to set aside the verdict for the
plaintiff, the question was as to the construction to be placed
on the let section of the Carriers Act, the 1 and 2 Will. IV.,
c. 06, which enact. " that all mail contractors, coach proprie-
de-
'very carriers shall not be liable for the lola of certain
MX above the value of ~ mime at the time of the de-
'very thereof at the office, warehouse, or receiving-house
of such mail contractor, stage-coach proprietor, or any
other common carrier, or to his, her, or their bookkeeper,
seaeliman, or other servant, he., the value of such article
or articles of property shall have been declared buy the per.
son or persons sending or delivering the same." Then it
was further enacted that such value being declared an M-
ermaid rate of carriage might be demanded, such increased
rate being set down on • notice to he affixed in • conspicu-
ous part of the carrier's offices or premises.
Mr. Edwin James and Mr. Keane now showed cause
against the rule, contending that all the liability imposed on
the plaintiff was to declare the value of the goods consigned,
and that if the defendant did not exact the increased rate
they could not take advantage of the act.
r. Hawkins and Mr. Charles Pollock having been heard
emirs,
The Court bell that if the plaintiff, sending goods by a
railway, declared the value and they did not, through their
servants, exact the increased rate, they could not take ad-
vantage of the act framed for their own benefit. The rule
must therefore be discharged.
Judgment accordingly.

COURT OF PROBATE AND DIVORCE.
JAN. 30.
Were the Judge Ordinary.)

BEWSIJER r, tiILLIANti AND OTHEILR.-JUDOWIET.

This cult, which was tried on the 12th ult., related to the
will of Miss Darling, who died at Runup* in April, 1857.
The instrument was opposed on the ground that the testa-
trix bed stated that a little boy who lived with her, and
who was really the illegitimate child of a relative, was her
own, and also that she wee again pregnant. The property
in dispute wee 700/. or 900/. in amount.
Sir C. Creswell was not satisfied that either insane dela-
ice bad been made out. That as regarded the boy was
easily accounted for by the mystery which had attended
his birth ; and if she Lad really entertained the idea that
she was t she would unquestionably have commu-
nicated the circumstance to her medical attendant, which
she had not done. lie must therefore pronounce for the

STOATE r. NTOATL•

The petitioner, a barrister, bat not in practice, sought
• dissolution of his nuirriage on the ground of the respon-
dent's adultery, which had been establisned by the verdict
of a jury. The respondent had, however, previously ob-
tained a judicial separation on the ground of the peti-
tioser's cruelty ; and the court under these circumstances
bad taken time to consider.
Sir C. Creswell now dissolved the marriage.

COURT OF BANKRUPTCY.—JAN. 30.
(Before Mr. Comminioaer Fonblanque.)
LY ItE JOHN DAUM

The bankrupt was described an • merchant of Gresham-
house. This was the adjourned examination meeting, but no
accounts have yet been filed. The case has been frequently
before the court. The are between 40,000/. and
fill : the assets consist principally of patents, including
ODO for a disinfecting fluid.
Mr. A. Turner, for the assignees, said that the bankrupt
was assisting them in the realisation of the assets, and had
no mooey to pay an accountant, or the balance-sheet would
have been filed.
Mr. Lucas, for an opposing creditor, asked for an ad.
journment sine die.
His Honour directed an adjournment sine die, with pro-
tection for two months, and liberty to the bankrupt to come
up earlier, if prepared with his accounts.