The Sun.
London, England, 1863-12-03 00:00:00

LAW INTELLIGENCE—Yesterday,

COURT OF QUEEN'S BENCH.
(After Terra Sittings at Nisi Prins, at Westminster, before
Lord Chief Justice Cockburn and Special Juries,)
FRANKEL V. THE LONDON AND NORTH WESTERN

RAILWAY COMPANY.
According to the opening statement of his counsel, the
plaintiff, then 17 years of age, was in 1861 studying with
a view to qualify himself for a commission in the Royal
Engineers, and in August he set out on a tour partly for
pleasure and partly for tho purpose of seeing various large
engineering works in different parts of the country. On
Sept. 2, 1861, he took out a ticket for Manchester at the
defendants' office at Buxton. Passengers were conveyed by
an omnibus from Buxton to Whaleybridge, where they

joined the Manchester train. On this occasion there were
23 passengers and a great deal of luggage on the omnibus.
The mail coach from Matlock to Manchester left Buxton

about the same time as the omnibus, and on getting to a

long and rather steep descent, about two miles from Buxton,
the drivers commenced to race, the omnibus being first.

As the mail coach came dangerously near, one of the mini-

bus passengers, fearing there might be a collision, cried out
something to the driver, who then. pulled his horses to the
left; the ne ir front wheel, which had been previously on
the hard road, came upon a sift hollow grassy place, at the

side of the road, and caused the omnibus to give a lurch.
The plaintiff and another passenger, seated on the left hand
side of the driver, were thrown off. The plaintiff was taken
up insensible, and conveyed to the Joddrel Arms Hotel,
haleybridge, kept by a Mrs. Ward. Before this acci-
dent he was strong, active, and healthy, and had every
prospect of a bright and prosperous future, Now he is a
perfect wreck, both in body and mind; he has gradually
become worse, and it is almost certain that he has sustained
an incurable injury of the brain and spinal chord, which
will likely terminate in paralysis. This was supported by
the evidence of the plaintiff himself, whose shattered and
helpless appearance excited great commiseration, and by
that of four of his fellow-passengers. After hearing this
evidence his lordship said it was impossible to doubt the
accuracy of the account given by these witnesses. One
could almost see the scene, and the wonder was that the
whole of the passengers were not killed. Mr. Lush said
that this evidence was very different from the account given
to the railway company, but he would not attempt to resist
it. Evidence to show the extent of the injury was then
adduced. The plaintiff's mother, who was deeply affected,
said that she was a widow, and he was her only child. He
came toFolkestene two days after the accident,of which she
heard nothing. She was sitting listening to some music,
and, that he might not alarm her by too sudden an appear-
ance, he stood in front of her, trying to attract her attention.
His arm was in a sling, his face was elongated, his features
were distorted, and she did not recognise him. Her servant
asked if it were not like her son, but she looked and said,

4, Oh, no ; not the least." He stood thus nearly five minutes
till the servant drew attention to the pattern of his trousers,
which was somewhat peculiar, and this made her look closely
at him, and at last she saw something in the expression of his
eyes which enable her to recognise him. She then detailed
the efforts that had been made to effect his cure. She had
taken him from Folkestone to ra;is to see an eminent
surgeon, who was said to be unusually successful in the
treatment of injuries caused by a sudden shock, and stayed
there five or six weeks, but without his receiving auy benefit.
She had since tried the best surgeons and physicians in
London, but instead of growing better he seemed rather
worse. He suffered constant pain, his memory was affected,
also his eyesight; a kind of dimness came over his eyes,
and he fancied he saw people when no one was near; he was
very restless, and often could not sleep ; his mind occasion-
ally wandered, and he was sometimes very excited, and at
other times very depressed. A number of eminent surgeons
corroborated this statement, and said that there was little if
any chance of recovery. On the contrary, there was great
reason to expect that he would become helplessly paralysed
and probably imbecile.
Mr. Lush addressed the jury in mitigation of damages.
The Lotd Chief Justice, in summing up, said that this
was one of the most distressing cases he had ever seen or
known in a court of justice. A young man had gone forth
happy and strong, in the highest health and vigour ; and,
by the recklessness and mad folly of a driver, he had in
one moment become a wreck, and henceforth his life was
a blank. He did not think this was a case in which they
should listen to any arguments in mitigation founded on
the alleged poverty of these on whom the consequences of
their verdict would ultimately fall. Instead of a life of
aaivity and honour, full of hope and enjoyment, this un-
fortunett; 3voung man was doomed for ever to be the miser-
able creature t.L QY had seen. Instead of a happy and useful
'
existence his future lite would be a life of suffering, and
misery, and dependencel till in the progress of this disease
the Load in his mercy might ,weep him away. Could his
and listen to the
mother but etitte her maternal in,,:incts,
would prefer that
gd
voice of her calmer reason, she probalY
mt.-‘ney could com-
this accident h endel: his days. No
pensMe an injury like this, but it was for them say what
amount of compensation should !ne given.
His Lordship spoke with the deepest emotion, and L'is
utterance was frequently chocked by sobs, which he vainly
endeavoured to repress. When he concluded there was
scarcely a dry eye in the Court. The plaintiff's maher, a
tall and dignified woman, was completely overcome, and
attempted to leave before the verdict was returned, but the
crowd was so great that she had the utmost difficulty in
making her way out.
At the request of the jury Dr. Hawkesley
injury to
and at ked whether the symptoms indicativ
andof 'Paralysis
the spinal column were likely to increliasew,
.esley
replied
was. recalled.
ensue in the lower, extremities. Dr,
of
Lease in similar
that looking to the ordinary course.
in
be a total loss of
opinion that the probable result
mws
ities and eventually in the
power—first in the lower extireete
idiocy this case, he was of
was very likely to
arms, and, ultimately c.orawpas
wait
possible to say how long
eusue. He added that
.it e.
It might be 10 or 12 years, or
the patient might
would not hazard any opinion.
After some
it might be mordee.
liberaton, one of the jury addressed the