The Express.
London, England, 1861-01-16 00:00:00

umataiv or ExpLovEns.

ACCIDENT.

Mr. Hawkins said he had to move to set aside the verdict
found for the plaintiff in this case fur 1,2001., on the ground
that the sum was excessiveand on affidavits alleging surprise.
It was an action tried before the Lord Chief Baron under
the following circumstance.. The plaintiff was a flour mer-
chant at Liverpool, and was • passenger in an excursion
train on the defendants' railway, on the 30th of May last.
The guard became intoxicat,tl by some passengers at
' Hitchtn, and being unable to turn on the brake at the ter-
minus at Kin's-cross the engine and train dashed through
the terminus, and was only ;topped by the excavationa of
the Metropolitan Railway. The plaintiff had excited the
greatest sympathy by his appearance in court. He limpet
ere the floor of the court, and winked his eyes as if he could
not see. It was alleged that his nervous system
had been shattered, that he had lost a business
bringing in from 500 f. to 600/. per annum, and
that be was unable to distinguish the colour of the
flour be bought and sold, as his sight bad been so
much injured that all things appesrcd yellow to him.
It was, however, shown in the cross-examination
that the plaintiff had contpromised with his creditors for
Is. 6cL in the pound, and that having !darted with a fresh
capital, on which his books showed a profit of MO/. in the
year 1859, he had at its end been minus much more. On
this the jury bad found for him with I,'_'o3/. damages.
The Lord Chief Baron -1 shall certainly report that the
iiuwere must excessive— the very largest I ever knew
a cam.

Kr. Hawkins—As to the lose be an,tained it was all
rubbish, and as to his suffering it was a fiction.
Mr. Barou Martin—l dare say the jury thought they
would give heavy damage, because tho defendant'. arrant
was drunk.

Mr. Hawkins—There is no railwly company more anxious
to insure sobriety amowst their servants than the Great
Northern, but the guard wee made drunk by partaking of
several of the mixed bottles of an excursion train.

Mr. Baron Wilde It was a very awful accident.
Mr. Hawkins—But a railway oongs,ny cannot be called
upon to pay in an action for compensation more than fur
the injunes which an individual sustains.
Mr. Baron Wilde—l do not know that that can be laid
down as a matter of law, for in the case of gross negligence
being proved the jury may award what is called exemplary
damaged'.
Mr. Hawkins was proceeding to cud an affidavit to prove
that the plaintiff's state of health was not as bad as repre-
sented, when
Mr. Baron Martin asked—Whose is that affidavit!
Mr. Hawkins—By • person named Thoroughgood.
Mr. Baron Martin—What is he!
Mr. Hawkins—A constable.
Mr. Baron Martin—Ah

Mr. Hawkins—Just the person.
Mr. Baron Wilde—To make un affidavit. (Laughter.
Mr. Hawkins—He is a most respectable mail, named Tho-
roughgood. and I believe be does not belie his name.
(Laughter.) The learned counsel then real the affidavit to
show that the plaintiff was after the accident able to read
his newspaper on the omnibus, (men which he descended
with great activity.
The court granted the rule.

COURT OF BANKRUPTCY.—JAN. 15.
(Before Mr. Commissioner Hulroyd.)
IN RE JOHN GILES tieLLIVAN.

The bankrupt was a bootmaker, of Blackinan.street, Bo-
rough. This failure occurred shortly before that of the
great house of Streatfeild and Co., whom affairs have lately
occupied so much of the public attention.
This was the examination locoting. The 1,64m5-sheet
has not yet been filed, owing to the greet complexity of the
amounts ; but a preliminary statement by Messrs. Hart and
Bayles discloses liabilities of a large amount. The follow-
ing are the figures :—" Dr.: To creditors, 15,6731. N. 9d. ;
ditto bolding security, Z. 1,922!. 51. 10,0001.
Or.: By debtors, good, 1621. 19s. 71. ; ditto doubtful,
3041. Iris. 10d. ; ditto bad, 10,0211. 4s. 4d. ; property,
1,859/. lls. ; ditto held by creditors, 6,4121. 4s.
Mr. Abrahams, for the assignees, consented to an ad-
journment for six weeks, which was ordered.