The Sun.
London, England, 1854-02-09 00:00:00

LAW INTELLIGENCE.—Feb. 8

COURT OF QUEEN'S BENCH.

nr/LLIPS V. THE GREAT NORTHERN RAILWAY COMPANY.
The Attorney-General and Mr. J. Chambers appeared
for the plaintiff; and Mr. W. Chambers and another
learned gentleman for the defendants.
This was an action brought to recover compensation
in damages for injuries sustained by the plaintiff, in
consequence of a collision which had happened on the
defendants' railway. The defendants pleaded a payment
into court of 2281.
It appeared that the plaintiff was a horse-dealer in
extensive business, and on the 31st of August last an ac-
cident had happened to a coal train on the line of the
Great Northern Railway, near the Hornsev station. A
telegraphic message was sent up the line to stop the
express train, which was expected ; but either the
driver did not see the signal, or else the signal did not
work, for the express train did not stop, and it dashed
into the coal train, causing the carriages to double up,
and several persons were severely injured, amongst
whom was the plaintiff, who was thrown forward, and
then backward, with much violence. The seats of the
carriages on that line draw out, and the shock sent them
d
out, leaving a space between the back of the seats
the back of the carriage, and into this space the plain-
tiff was thrown and doubled up. He assisted the other
passengers, and went on to where he was going, and in
a few days returned to London, when he discovered that
he had received severe internal injuries, and he was con-
fined to his house for a month. He had sustained great
loss in his business, as this was the time of year when
the great horse fairs took place, at which he had been
unable to attend.
The first witness called was Mr. H. Phillips—I live
at Albert-gate-yard, Knightsbridge. lam a very large
horsedealer. On the 31st August I was a passenger on
the Great Northern Railway. An accident occurred
soon after we passed Hornsey station. At the moment
of the concussion I was thrown against the person oppo-
site me. My hat struck his head. I rebounded back
into my seat, and the seats falling back, I fell down on
my back. My nose and knee, came together. I as-
sisted the other passengers, not at the time feeling that
I had sustained any injury. It being very important
for me to go to Peterborough, I went there, and whilst
there I saw a medical man, who examined my legs, which
were very much bruised. He gave me a lotion. The
next day I went to see some horses. I then came to
London. On the Friday afternoon I was taken very
ill. I was taken ill at home. The pain doubled me up.
I then sent for Mr. Brain, my surgeon. That was about
four o'clock in the afternoon. I was in bed when he
came. I was in bed for nine days. I suffered great pain
through my loins. I was confined to my house in Lon-
don for a month. I then was ordered fresh air, and I
went into the country. I stayed there for eight days.
lam largely engaged in horse dealing. I supply foreign
governments with horses. At the time of the accident
I was going a month's tour. I was going to Howden
fair. I had a commission from the Belgian govern-
ment for as many stallions as I could find. My com-
mission would be 251. per horse. The average prices
of the horses would be from 1501. to 4001. per horse.
I lost about 2001. for not attending that fair. I
could not send another person to buy the horses, as
it was my judgment which was relied upon. I had
orders from several French gentlemen. Mr. Abzen, the
dealer, had died, and his stock being for sale, I was going
to purchase some of his horses. I had also commissions
from several French dealers in Paris for about 25 horses.
I was going to purchase young horses for my own farm.
I breed them there. The whole of this profit was lost to
me, and a great deal more that I might have made dur-
ing my month's journey, in consequence of my illness.
It is a part of my business to report to my patrons the
character of the various race-horses. I turn in the year
about 40,000/.

Cross-examined—I attend the greater part of the fairs
myself. I sometimes employ Mr. Cottrel in purchasing
horses. He is 23 years of age. He has been with me
eight months. The gentleman ar4ainst whom I was
thrown was Mr. Schakel, a horse-dealer. Howden fair
is immediately after Doncaster races. I expected to find
the horses I wanted at Doncaster races. 1 see more
at Doncaster races than at all the other races. Igo to
Epsom, Newmarket, and sometimes to Ascot. I have
not been to any fairs since, except one at York. I buy
horses from the farmers before they come into the fair.
That is not the legitimate way of buying horses. I have
frequently had information of horses a year before they
are to be sold. Cottrel has bought horses for me at one
fair. I did not send anybody to attend Allen's sale. I
had commissions for that sale. I charge 101. per horse,
Re-examined—l was obliged to give those commissions
up.
Mr. James Brian said-1 am a surgeon, and have
attended the plaintiff for some years. On the 2d
Sep-
tember last was called in to see him He was in bed, and
was suffering great pain all down- the right side, and
tossing about in bed. He was in a state of great danger.
The kidneys were injured. I attended him for a month.
For the first 8 days he suffered great pain. The injury
would be likely to be produced by the accident. Mr.
Child, the company's surgeon, saw the plaintiff. The
plaintiff has now quite recovered.
Mr. Cawthorn—l am cashier to the plaintiff. I have
ascertained the number of horses which the plaintiff
bought in the first hall'-year of 1851. It was 187. The
profit on that year was 8.4501. The expenses for that
half-year were 5,3511. The number of horses purchased
in the second half-year of 13.52 was 260. The gross profit
.was 5,0001.

Mr. East—l live at Curzon-st., Mayfair. lam a horse
dealer. I know the plaintiff. I saw the plaintiff's leg
on the night of the accident. I never saw such a leg in
my life.

Mr. Phillips—Business cannot be carried on without
his own supervision.
Mr. Chambers then addressed the jury for the defend.
ants. He contended that the plaintiff might have sent
some other person to have bought these horses. He
could not see how horse-dealing was so different to all
other businesses. There could not be such a great dif-
ference between purchasing horses and purchasing other
cattle. The company had acted very well, having
paid into court the amount of his doctor's bill, and
also 2001. for his suffering. But damages must
not be assessed at the amount of the loss of imaginary
profits. The plaintiff said that, in 1851, he had made
a net profit of 6,0001. In 1852, it was 2,500/. ;in
1853, it was 1,800.. In contrasting these years, the
jury would be able to see the great fluctuation and un-
certainties of the trade of horse-dealing, so that it would
be absurd to determine the plaintiff's loss by the profits
of 1841 or 1852. Mr. Phillips had admitted that he was
informed of the quality of the horses before their sale,
and, therefore, he might give orders as to which horses
he wished to purchase. Suppose that any accident was to
happen to Baron Rothschild, and he was to say that he
made so millions last year, and did not make so many
thousands this year, and therefore called upon the com-
pany to make up the loss. That would be absurb, of
course. He, therefore, submitted that the 2281. which
had been paid in court was a reasonable compensation
for the plaintiff.

Lord Campbell, on summing up, told the jury that
they must consider the question between the parties
without any prejudice against the railway company.
They must consider what sum he was entitled to for the
pain he had sustained, and he (Lord Campbell) thought
if bodily pain was all for which the action has been
brought, the 2281. was rather a hand,ome sum ; hut they
had also to consider what the plaintiff was entitled to
for the loss which he alleged he had sustained in conse-
quence of this accident. In point of law he was bound
to tell them, if the p'aintiff had made out any loss to their
satisfaction, they were bound to find such damages as
they thought would compensate him for that loss.
The jury retired, :Ind in about half an hour returned,
and found a verdict for the plaintiff—damages 1501., ex-
clusive of the 2281. paid into court.

MIDDLESEX SESSIONS.—Feb. 8.

(Before Mr. Serjeant Adams, Assistant-Judge, at the
Guildhall, Westminster.)
William, Henry Newman, a member of the bar, sur-
rendered in discharge of his bail, on a charge of having
assaulted Mr. Thomas Garth, a gentleman holding the
rank of a captain in the army.
The defendant, on being arraigned, pleaded guilty.
Mr. Clarkson, addressing the court, said be appeared
on behalf of the young man at the bar, who was a gen-
tleman of great respectability, and the nephew of a
member of the legal profession with whom his lordship
was probably not altogether unacquainted. The prose-
cutor of the charge against him was Captain Garth, and
the offence of which the defendant had confessed him-
self guilty was committed at the Conservative Club. The
prosecutor, a gentleman holding the position of a captain
in the army, was assaulted by this young gentleman,
who in a moment of great excitement and considerable
irritation, took it into his bead that Captain Garth, by
a movement of his hand across his face at one of the
windows of the Conservative Club, which the defendant
witnessed, had made that movement of the hand. a very
*total one certainly, with the view of insulting him.
yowler the influence of this feeling, which was an entire
%lion, he was betrayed into the commission of an as-
-1621t o Captain Garth, which he could in no way what-
'll we y- The prosecutor did what every gentle-
for uld do under such circumstances, and with that
he 'we which was characteristic of a high-minded
Inan, limply gave him in charge to the servants
of tile club, and then he was brought to a police court,
where an investigation took place. This havin occnrred
time was afforded for ;„
considering and .?"'7' upon,
and the defendant,
reflectinghave
upon what he had done, con-
cluded that he must
tion, and now through Zmactejrunder a great misconcepo-
say that he acted in motne(:tio. Clarkson) he wished to
betrayetfieixnctiteraent, and begged
sto say that he had been
a per fectly inexcusable act, for the commission of
d
he now expressed
his very great regret. The prosecutor
the defendant was a member of a highl,fas satisfied that
mily, and Captain Garth, with what hey(Zsrpecetablo fa-
call great magnanimity under the circumstances, did not
now proceed for punishment, having been assured that
t
the defendant had acted under a mistake, and that h
sincerely regretted what he had done. The course
thee
prosecutor had taken was that which might be expected
from a gentleman in his position. His only object was
to prevent a repetition of such conduct, and to Protect
his person from any further violence ; and he (Mr. C.)
was instructed by the defendant to offer to him the most
ample and entire apology for what he had done, and to
express his very sincere regret that, under mistaken cir-
cumstances, be had committed this assault. The prose-
cutor had been magnanimous and kind enough to say he
would be satisfied if this young man entered into a re-
°nuisance of 500/., with two sureties each in 2501., to
keep the peace, and really he could not speak. too highly
of the course taken by the nrosecur.
Mr. Doe, B,id O
the 1):Irt elf
the prosecution, and Captain Garth had no vindictive
feelingagainst the defendant. The assault was com-
mitted 7fithi?iit the slighted virov'ocatOn, and al the de-