The Sun.
London, England, 1837-05-26 00:00:00

ROE V. MTV.

In this case the plaintiff was a journeyman carpenter, and
the defendant had held a situation in the Custom-house, but
is at present out of employment. The action was brought to
recover compensation for injuries sustained by the plaintiff, in
consequence of his having been thrown down by the defendant,
by which his ribs were broken.

Mr. THOMAS appeared for the plaintiff, and Mr. PLATT con-
ducted the defence.

It appeared that in the month of October last-the plaintiff
happened to be standing in a beer-shop in Hoxton in the act
of taking a half pint of beer. The passage into the house
being very narrow, the plaintiff stood immediately inside the
door, and when the defendant was entering, his hands being
engaged with a loaf and half of a pig's head, he kicked the
door, and on passing the plaintiff his elbow caught him
in such a manner as to throw him down on a coal skuttle
which stood hard by. The consequence was that two of his
ribs were broken, and he was confined to his house for five
weeks. Surgeon Caward, who attendt4 the plaintiff, stated
that when be first saw the plaintiff he considered him in a dan-
gerous condition. His bill for attendance amounted to 21. 17s.
and his opinion was that it would require some time to restore
the plaihtiff so as to enable him to resume the business of his
trade. No witnesses were called for the defenc.. Mr. PLATT,
in addressing the jury, observed that the circumstance was
merely the result of accident, for which'he contended the de-
fendant was not responsible, although he had waited on the
plaintiff after the occurrence, to express his so.row, and gave
him half a sovereign. There was no proof of any assault, and
if there was an unintentional assault, it differed in nothing feom
one of those which might have occurred a few nights back at
the illunsinations.

The Court—lf you arc of opinion that it was entirely and
purely an accident, the opinion of the other Judges must be
taken, for it was held by Lord Ellenborough that the circum-
stance of a gun going off by accident could not be defended on
the plea of •Not Guilty.
Mr. PLATT—If your Lordship will allow I sill call a
witness.

The CounT—There is no necessity.
The Learned Jupos then recommended the Jury to find a
verdict fur the plaintiff; ct the same time requesting to hare
their opinion as to the amount of damages to which he was
entitled.

The Jury returned a verdict for the defendant as the cir-
cumstance was purely accidental.
Mr. Justice WlLLlAms—ht that case I must reserve the case
for the Court, whereas if you find for the other side there will
be no necessity for a new trial.
The Jury then returned a verdict for the plaintiff—dama-
gesls._

Mr. THOMAS applied to the Court, to certify which was
rJused.

COMMON PLEAS.-(THIS DAY.)

This Court was occupied with a case on the special paper
of no public interest.

EXCHEQUER COURT.-(THIS DAY.)

\VHEATLEY V. PATkICK.

Sir W. FOLLETT moved for arule to show cause why the
verdict, which was for the plaintiff, should not be set aside and
a nonsuit entered. The plaintiffs are proprietors of a number
of omnibuses, which they run on the Greenwich-road, and
brought this action to recover the value of a horse which was
killed by the shaft of a gig in which the defendant was.
From tliet evidence it appeared that a large party of ladies
,and gentlemen went out fora day's drive; amongst them were
the defendant, a Mr. Nicholls, and a Mr. Pegg. The de-
fendant was a traveller for the house of De la Foss and Co.,
and from them he borrowed the horse and gig. It it were
himself and Mr. Nicholls, and the latter drove at the request
of Mr. Pegg. In coming home the accident occurred. Sir
W. Follett now contended that the action ought to have been
brought against Mr. Nicholls, who was the party clearly liable,
he having, as was admitted by both parties, committed the
wrongful act. There was no evidence in the case to show
that Mr. Nicholls drove with the permission of the defendant.
He contended that this was not like the case of a negligent
servant committing damage—in that case the master being
sued had a right of action against the servant, but here the
defendant could have no right of action against Mr. Nicholls,
the wrongdoer. As the plaintiffs had their remedy against
him, he trusted the Court would relieve the defendant from
the hardship of this case.
The COURT were of opinion that the verdict ought to stand.
It was in evidence that the defendant borrowed the horse and
gig from De la Foss and Co. ; that he rode along with Mr.
Nicholls ; therefore the fair inference was that he drove by the
permission cf the defendant. Had the horse and gig been
damaged, it was clear that De la Foss and Co. would have a
right of action against the defendant and not against Nicholls.
—Rule refused.

LLOYD'S SHIPPING.—(Tins DAY.)

DEAL, MAY 25.—Arrived the Ann, Cave, from Limerick;
Nancy, Way, from Dublin ; Courier, from Belfast.

PORTSMOUTH, MAY 25.—Wild W. S. W.
CowEs, MAY 25.—Arrived the Hamburg packet, from
Rio Janeiro.

FALSIOUTH, MAY 24.—Wind S. S.W.—No arrivals.
PLYMOUTH, MAY 25.—Arrived Premier, Hopper, Charente.
TORBAY, MAY 24.—Arrived off, Waterloo, Cow, Madras.
BRISTOL, MAY 24.—Arrived Vintage, Williams, Oporto.

GLOUCESTER, MAT 25.—Arrived Caroline, Walling Riga.
NEWPORT, MAT 24.—Arrived the Ceres, Bahlrus, Memel.

. •
LIVERPOOL, MAY 24. —Wind S. S. W.—Arrived, the Duc
d'Orleans, from Mobile; Sardius, Ritchie, from Apalachicola;
Abeona, Drake, from Darien ; Greyhound, from Galipoli ;
Smolenski, from Stralsund ; Alexandriene, from Wismar ;
Georgia, from the Mediterrabean.
CoRK, MAY 23.—Arrived the Omozade, Roche, St. Übes.

SHIELDS, MAY 24.—Arrived the Spcculation,fromDantzie;
Ludwig, Willielms, from Stettin • Royal Union, Ness, and
John and Mary, Hall, from Mcmcl:

The Eliza, from Swansea to Dublin, grounded on her
anchor 23d inst. at Milford, and sunk—cargo discharging.
The Annola, from Liverpool to Pernau, was stranded at
Stockholm 13th inst.

Vessels spoken with.—The Columbia, from Liverpool to
Batavia 9th ult., in lat. 2. N., long 20. W. The Garland,
of Liverpool, to Mauritius, 10111 ult., 13t. 3., long. 20. W.
The Baboo, from London to Calcutta, 12th ult., by the
Helena, arrived in the Tczel.

The Duke of Wellington, on the occasion of his
grand Waterloo dinner, on the 18th of June, intends to ex-
hibit the magnificent service of solid gold plate presented to
him by the late King George IV. It is yet uncertain whether
the Noble Duke will give a ball and supper on the same evening.
Prince Esterhazv s grand dinner, at Chandos House,
was attended by the. Dukes of Cumberland and Wellington
and Count Waldstein. The grand dinner at the Castle to his
Highness and the Knights of the Bath, which was fixed for
Saturday, the 3,1 of June, has been again postponed, sine
die, on account of the indisposition, it is understood, of his
Majesty.
Prince Paul Lieven and NT. Tolstoy drove the whole

distance from town to Epsom (seventeen miles), yesterday, in
a tilbury, drawn by one of the fastest trotters in the kingdom,
in little more than an hour, and the animal did not appear at
distressed by the journey.
The half-hour steamer plying between London and
Westminster. Bridges emits no smoke, being worked by quick-
silver.

We are sorry we cannot report any improvement in
the Wool Trade of Wakefield; the same dulness prevails, and
prices continue to lower to a greater extent than in any pre-
vious week for some time past.— York Courant.