The Express.
London, England, 1861-06-19 00:00:00

BIRD V. 1111 MIDLAND RAILWAY COMPANY- ACCIDENT.

TWA was an aetion brought by the plaintiffs, Joseph Bird
and Marianne, his wife, to recover compeneation for injuries
sustained by the latter by reason of the negligence of the
defendants' servants. There was a second count under
which the male plaintiff sued for damages by reason of the
be incurred. The defendant, did not deny their
and the question wos one simply of damage..
Mr. Macaulay and Mr. Wines were counsel for the
plaintiff ; Mr. Forsyth and Mr. Hance represented the de-
fendants.
The case presented on behalf of the plaintiff was as fol-
lows. At Swindon there is a station oa tho defendants
railway which serves both the main line and the branch
line from Dowager, the latter approaching the Ida-
thou by a curve through a deep cutting. There is
but one signal applicable to both lines, so if the signal
were turned on that the line wee clear, it was so understood
by the engine-drivers on the main and the branch. In order,
however, to counteract the danger which might thus ensue,
a stop signal was placed on the branch line about 160 yards
from the station, and which could be set by the man work-
ing the general signal, and which had Leen after the acci-
dent which formed the subject of the present action
removed some hundred yards farther up, sou to give greater
time for stopping the branch line train. On the 15th of De-
cember the wife of the plaintiff, a grocer and driver at
Swindon, was returning home by the tram which arrives at
half-past one o'clock, when the express train on
the main line, which should have passed ten
minutes previously, came up, and both trains
got into collision. Fortunately no lives were lost,
but Mrs. Bird was much shaken and received a severe blow
on the side of her face which fractured her orbit bone and
has affected her eyesight, causing her to he laid up for four
weeks, the bill of her medical attendant being about 46/.
The plaintiffs and several medical gentlemen were called
to prove the came.
Mr. Forsyth addressed the jury in mitigation of damages,
but called no evidence.

His lonlahip having slimmed up,
The jury retired •nd niter &lengthened deliberation found
• venlict for the plaintiff—damages 300/.

COURT OF PROBATE AND DIVORCE.
AIR 18.
Worn the Jade Ordinary.)

COMPTON r. COMPTON AND EAMING. —.4 MIAS WYNDHAM."
Mr. MacAulay, Q.C., Dr. Spinks, and Mr. Gadsden ap-
peared for the peeitimier ; Mr. Levi and Mr. Joyce for the
respondent; Mr. Hawkins, q.c., cad Mr. Mundell for tho
co-respondent.
'lie petitrner, err. Henry William Compton, a clerk in
the Enitgration•offloe sought a divorce from his wife, Mrs.
Emily Clara Compton (who is so well known to the public
by her theatrical name of "Mien Wyndham% for her
adultery with Captain Fleury Haring, late of the 17th
latocei

The leading facts of the case will be found detailed in the
following evidence.
Mr. Edward Garwood, managing clerk of Mews.
Burcham, solicitors-1 have been &aquatinted with Mr.
lieury Cum too for many yeses. I was present at
his marriage with Miss Emily Clara Turner, on 21. t of
September, 1813. I did not continue my eoquaiatance with
him afterwards. 1 had never seen the lady before, nor
have 1 sum

—.-
By Hr. Hawkins—l first knew Hr. Compton about the
year 1&I6. He was then a fellow clerk in a solicitor's
silks. Hs continued in that office until 1639. I lost sight
of him for some years after that. I did not know the
family of the Turners. Mrs. Compton seemed very young
when she was married. Cannot say whether she we, ouly 16.
Should not think that her husband was 30; but he
was much older. He had taken the benefit of
the Insolvent Act in the early part of 1143.
I don't koow whether be had any occupation at the time of
his marriage. He sent me word that he was going to be
married, and asked me to come and give his wife away,
which I did. I made no inquirioishout her. The wedding
party met at the pump in l'IdUlY• (Laughter.) There
was present another MIN Turner. She was older than Mrs.
Compton ; but it is twenty years see, and I do not
recollect much about her. 'The wedding party consisted
only of Mr. Compton, myself, and these two girls. l did
not go with the party after the ceremony. I dal not see
them Spill for some years after. I have lately occosionsay
met the petitioner.