The Sun.
London, England, 1864-11-05 00:00:00

FOREIGN MINES,

Alamillos, limited,
St. John del Rey (lim.), 31
United Mexican 4
Vallmixasca Gold,
Yudanamutana 01 S. Australia, 2

BANKS.
Agra and Mssterman's (lim.). 122 i
I it:o, issued at 30 pm., of which 25 is paid, 581
Albion, 4
Alliance (Urn.). 87 88 7b
Ditto, new, issued at 20 pm., 221 3
Anglo Austrian, 71 7
Australasia, 70/ 70'
Bank of British Columbia, 16} 17
Chartered Bank of India, Australia, and China, 331 31
Chartered icier. of India, London, and China, 51 5 11
Consolidated Bank, lim., 10/
East London, lan., 5/
English and Swedish, Um., 131
European Bank, lim., 1
Hindustan, chipa, and Japan (Urn.), 28
Ditto, new, 20
Imperial Ottoman, 16
Land Mortgage Bank of India, lim., 41 f
London and County, 761 7
London, Hamburg, Cont. Exchange, Rm., 8
London Joint Stock, 461 6
Ditto, new, 14
London and Northern, lint., 18
Mercantile and Exchange. Urn., 8r,9
Metropolitan and Provincial Bank, lim., 101 181
New South Wales. 42
New Zealand Bank Corporation. lim., 11
Oriental Bank Corporation.
_578 61 7f
Scinde, Punjaub, and Delhi. lim., 111
Standard of British South Africa (iimi), 20
Union of Australia, 514
Union of London, 56 5/
MISCELLANEOUS.
Anglo-Mexican Mint, I 81 •
Australian Iflort. Land and Finance, lim., 3
Commercial Union. Insuranc,e, 81
Contract corporation, lint., 11
Credit Fonder and 3lobilier 01 England, 7
Ditto (C 2), 37r
Egyptian Corn and Trading, lim. 5 41
and Australian Copper, 11
English t.:ottibh Marine, lint., 41

LAW INTELLIGENCE—This Day.

COURT OF EXCHEQUER.

:Before the Lord Chief Baron, and Barons Martin, Chan-
nell, and Pigott.)

ELTREY V, THE LONDON, CHATHAM, AND DOVER RAIL-

WAY COMPANY.

Mr Edward James, Q,C., in this case moved for a now
trial. The case was heard last term, when a verdict was
given for the defendants, and that verdict it was sought to
sot aside. The plaintiff, it appeared, was in the employ-
ment of the London, Chatham, and Dover Railway Com•
pany, and in October last year he was acting in the
capacity of guard to a train of waggons going to Dover.
There were three other guards in charge of the train, which
had to detach and leave three trucks at Farnham.
Two of the trucks were safely separated from
the train, but in placing the third the " sprag,"
used to stop the speed of the waggon, broke, and very se-
verely injured the plaintiff's knee. At the trial Mr
Bovill contended the company was not liable, inasmuch as
the sprag was not used by their direction. The defendant
contended that there being no break attached to the truck,
it was impossible to stop it without using the aprag, which
defendant said he was ordered to do by direction of his
superior officer, The learned counsel forcibly insisted
that it was the duty of the employers of the
plaintiff to provide him with materials with which
he was to perform the work, and if they proved defective
then they were liable for the consequences.
The Lord Chief Baron said he agreed with the learned
counsel to a certain extent, but if those materials were not
supplied, then he thought it was the duty of a servant not
t) do that which might result in danger.
Mr, James said the plaintiff had been clearly told by the
superior officer to use the sprag, and had he not done so
he would have had to disobey orders and stand the conse-
quence of the truck going on, and perhaps causing serious
consequences to passenger trains.
The Court, after hearing the learned gentleman at great
length, thought the verdict ought not to be disturbed.
Rule refused.