The Sun.
London, England, 1854-05-15 00:00:00

LAW INTELLIGENCE,—May 13.

ITALY.

COURT OF EXCHEQUER.
(Sittings at Nisi Prins, before Baron Martin and a
Special Jury.

TURIN, MAY B.—The Gazetta di Milano, of the
6th, contains a list of 160 persons, whose proper-
ties Marshal Radetsk-y, in the name of the Em-
peror, declares relieved from the sequestration
imposed thereon by the decree of February in last shr.
year.

(THIS DAY.)

BRITISH RAILWAYS.

HARRISON V. THE GREAT NORTHERN RAILWAY COMPANY.
Mr. Edwin James, Q.C., Mr. Prentice, and Mr.
George Shaw appeared for the plaintiff ; Mr. Bramwell,
Q.C., Mr. R. Clarke, and Mr. Wordsworth, for the de-
fendants.
This was action to recover damages for injuries sus-
tained by the plaintiff, a reporter to Bell'i Life in Lon-
don, while travelling on the defendants' railway. The
first count of the declaration stated that the plaintiff was
a passenger for hire and reward ; the second, that he was
a passenger under a special contract—viz., that it was
agreed between the proprietors of Bell's Life in London
and the defendants, that the latter should carry the re-
porters of that paper to various races in consideration of
the printing of the railway announcements of special
trains to those races ; the third, that the plaintiff was
lawfully in one of the defendants' carriages, and that
through their negligence his leg was broken.
Mr. James stated the case for the plaintiff, and dilated
on the injury the plaintiff had received, and the negli-
gence of the company. The following evidence was then
called :
Mr. Harrison.—l am the plaintiff, and am a reporter
on the turf department of Bell's Life in London. I have
been so for 14 or 1i years. I was in the habit of attend-
ing races, reporting. My expenses were paid by Bell's
Life, and on most occasions I was furnished with a pass.
I have travelled by the Great Northern Railway so ever
since the railway opened ; the passes were made out in
the name of the editor for the time being. I showed the
pass when demanded. I believe I have been in the
train with Mr. Ruff, the conductor of the racing depart-
ment of the paper. There are sometimes more races
than one on that line on the same day. Then we have
several passes. These passes were given up at the
termination of the journey to the officers of the com-
pany. I remember the races fixed for the Ist and
2cl of September last year, at Lincoln. On the
31st of August I went with the pass to the com-
pany's offices to meet the five o'clock express train. I
wished to go in a particular carriage. The guard said,
" If you are going to Lincoln you must go in the regular
carriage." I accordingly did so. I showed the pass. I
was travelling on the business of Bell's Life in London
to Lincoln races, as reporter, in the usual manner of
business as I have always done before. When I had not
a pass my travelling expenses were paid by Bell's Life.
When I had been in the train a few minutes, I felt a
concussion, and was violently thrown forward. The car-
riage was shattered to pieces, and I found myself under
, its ruins. I was more than an hour there. They got me
out by breaking the panel and dragging me out by main
force. Four labouring men then carried me into the
hotel adjoining the station. The same evening one or
two medical men visited me. I saw Mr. Seymour Clarke
a short time after I got to the inn, and asked him to
telegraph to Bell's Life in London, so that the business
might not be impeded. He told me that he did so. My
leg was broken. I received no other injuries but fright.
I was conveyed to London on the same day. Dahilds,
Dr. Jones, and Mr. Clarke attended me about three
months. They were all paid by the company. I was con-
fined to my bed upwards of ten weeks. I could not fol-
low my business of a reporter for more than five months.
My wife attended me until she died, and then I had
some one else. I paid for everything but medical at-
tendance. During that time I incurred some debts and
liabilities, some for things ordered by the doctors, as
wine. The company had not then denied their liability.
Mr. Bramwell.—Now really no claim had been made.
I have not denied my liability.
Mr. Baron Martin.—The case had better be tried on
its merits without prejudice : the railway company have
a perfect right to resist any claim they do not think
legal.
Examination continued.—l had about 4/. 10s. in my
pocket, which was lost with my hat and great-coat.
Some letters were then put in, one of which was from
the secretary of the company, in reply to an applica-
tion of the plaintiff for compensation, said no pass ticket
had been granted to the name of Harrison, and if he had
a pass it must have been one granted to another person,
and not transferable ; and that although the company
greatly regretted his misfortunes, yet they were not
liable. This letter was dated Jan. 31.
Examination continued.—The pass was that which I
had been in the habit of using for the last fifteen years
without any objection.
Cross-examined—I believe the passes do contain the
words " not transferable." I believe this pass was made
out to Mr. Langley. I do not remember whether I went
for the pass myself; if I did, I took a letter from Mr.
Langley, because it would have been no use my going
without it. When I have been short distances I have
paid the fare myself. I got to the station half an hour
before the time. I showed the pass to one of the ser-
vants. He read it, and said " Quite right."
Re-examined—l believe the pass had "To Bell's Life'
on it.

'Paid.' RAILwAys.

The Duchess of Parma has likewise raised the
sequestration placed upon the property of the gen-
tlemen who composed the Provisional Government
of Parma in 1848. The Parmesans have no very
safe guarantees for the continuance or develop-
ment of a really progressive and enlightened policy.
The Chamber of Deputies was occupied during
the greater part of last week with the discussion
of the army estimates, which were passed
almost without opposition. The Minister of War,
General Alfonza Lamamora was very satisfactory
in his replies to the various criticisms made upon
his administration ; and Count Lisio emphatically
asserted the impossibility of making, in the present
position of affairs in Europe, any reduction in the
Sardinian army.

William Langley—l am one of the editors of Bell's
Life, and succeeded Mr. Ruff in the turf department.
It is the custom to have pass tickets from the railways.
We announce the week before their special trains to
races, and sometimes the secretary used to communicate
with us as to the advisability of running them. I sent
the plaintiff to Lincoln, and went myself to Chelmsford,
the races being on the same day. Th 6 Saturday before
the accident I made an application for a pass. I gave a
letter to the plaintiff, and he went and got it. I have
travelled with a pass representing the paper made out
in Mr. Ruff's and Mr. Dowling 's name. They know
Mr. Ruff at the station. The passes are sometimes made
out in my name, sometimes to the " Editor of Bell's
Life," sometimes to "Bell's Life." Messrs. Clements
are the proprietors. They never travel with it. There
is on all the passes " specially engaged on the business
of the company."
Cross-examined—We give the announcements as news
for our readers.
Re-examined—This letter came to me as editor from
Mr. Walter Leith, one of the managers of the traffic
department, asking whether it would be worth while to
run a special train to some races.
William Ruff—l was for 30 years editor of the racing
department of Bell's Life in London, and retired last
year. I have been in the habit of seeing Mr. Seymour
Clarke. The company has frequently applied fur infor-
mation as to whether their trains should start for dif-
ferent races, and I have given it. I have inserted para-
graphs for them on the subject on various occasions with-
out charge. They were in the habit of giving us passes.
They charged us nothing, and we charged them nothing.
I have travelled frequently with th passes, and am
pretty well known at the station. There have been fre-
quently more than one reporter travelling together, with
several passes, all made out in my name. Sometimes
they were to "Mr. Ruff and his assistant." No objec-
tion was ever made. Mr. Langley has travelled with a
pass made out in my name.
Cross-examined—The announcements are inserted as
a piece of intelligence to our readers. I do not think that
they would have been inserted if the passes had not been
given as an equivalent.
Mr. Baron Martin—Do you mean to contend that a
different degree of diligence is necessary towards those
who pay a fare and those who do not ?
Mr. James—l understood my friend to contend that
the company may kill any one who travels without a fare.
Francis Dowling—l am one of the editors of Bell's
Life. The pass in question was made out to Mr. Lang-
ley, and not transferable, and was to the effect that any
person using it, except the person named, would be liable
to the penalties of a passenger travelling without paying
his fare. To the best of my belief, "On the business of
the company," was on it.
Viscount Enfield—l was travelling by the railway on
the 31st of August. I was residing then at Brocket-hall.
The collision was very violent. I observed some trucks,
which were the cause of the collision, across the line,
heavily laden, one being a large timber truck. The train
was going 40 miles an hour. It was an express, and did
not stop at Hornsey. I came up from Hatfield in the
morning by an express train. My train was then de-
tained an hour by the same trucks. I called the atten-
tion of the officials to this. I felt confident that they
were the same. The place where I saw them in the
morning was about two or three miles from the place of
the accident. I observed no signals, no whistle, no flags.
Cross-examined—I was impeded in the morning by a
disabled train on the up-line. That was caused by the
breaking of the piston-rod. In the afternoon I found
that some of the trucks had got up to Hornsey station.
At the time of the accident I should think that some of
the trucks were being shunted across the line. I can-
not say whether the, engine shunting them had got off
the line.

Sir James Duke—l was stunned, and not in a con-
dition to make inquiries. I observed no signals or
whistle before the collision.
Some surgeons were then called, who described the
injuries, which were a broken leg, a very considerable
wound, which bled for 48 hours, and great suffering.
This closed the plaintiff's case, and
Mr. Bramwell then contended that there was no evi-
dence to support the first and second counts.
Mr. Baron Martin—l think there is no travelling for
"hire and reward" proved. That must be taken in the
ordinary sense, and means something given by Harrison
for which they carried him, and that there is no evidence
of the special agreement in the second count, that Bell's
Life in London was to insert the announcements, and in
return were to have pass tickets.
Mr. Bramwell—There is no evidence on the third
count, that the plaintiff was lawfully in the carriage.
The pass was made out to Langley, and for him alone.
Mr. Baron Martin—You must take it with the cir-
cumstances. Mr. Langley wrote a letter applying for
a pass, and gave it to the plaintiff to take. That would
communicate to the company that it was not for Lang.
ley himself.
Mr. Bramwell—lt is "not transferable."
Mr. James—That means as regards the public, and
not as regards the reporting staff of Bell's Life,
Mr. Baron Martin—l think so.
Mr. Bramwell then addressed the jury, and
The learned Judge summed up, saying, the jury had
first to decids whether the plaintiff was lawfully in the
carriage, and if so, what was the fair and reasonable
compensation for the injury the plaintiff had suffered—
not taking into account the amount of negligence, nor
the luxuries above his station which he had to procure ;
for that would be to establish one measure of damages
for one man, and another for another. He did not think
his having to procure those made any difference. They
should give damages, not with a view to punish the
company, but to compensate the plaintiff.
The jury found that the plaintiff was lawfully in the
carriage, and gave a verdict for 4001. damages.
Mr. Bramwell tendered a bill of exceptions, princi-
pally on the ground that the judge should not have left
it to the
in
jury to say what was the intention of the de-
fendantsstrued it himself and should have directed the jury that
giving the pass ticket, but should have con-
the ticket could only have been used by Langley.

THE SUN, LONDON. MONDAY7EVENING, MAY 15, 1854.

S HARE MARKETS,

Closing Prices' Busine
Saturday. this