The Sun.
London, England, 1840-12-10 00:00:00

EVENING EL 11`iOh`
HIS DAY.) IMPERIAL PARLIAiNIENT#
THIS DAY.

HOUSE OF LORDS.
Parliament was this day further prorogued till T acs-
day, the Q,6th of January.
At halt-past two, the Lord Chancellor, the Marquis
of Normanhy, and Viscount Duneannon, took their seats
on the Woolsack, and the Usher of the Black
Rod having been directed to summon the Commons to
the Bar, Mr. Ley, the Chief Clerk, attended by se";
ral of the officers and messengers of the House 01
Commons, made his appearance.
The Commision having been read, the LoaD
CHANi
ctt.t.on declared the House prorogued, in the, Lou:.
torn], till Tuesday, the 26th of January next,to
then here holden."
There were a large number of ladies and strangers
preient to witness the proceedings.

X CHEQUER COURT-THIS

(Sittings at Nisi Prius, Guildhall, before Mr. na(011
GURNEY and a London Common Jury.)
CORK V. DAVIS. nd
The plaintiff in this case was a livery stable-keePer' a
sought to recover 291. odd, for damage done to a horse m,
gig, hired of him by the defendant It appeared frorn
evidence produced by the plaintiff, that the defendant °.it.
the 10th of June last hired a horse and gig of the Plainbtid
for three weeks; that up to that moment the Inare„itaen
been a quiet and a good-natured horse, and Ws,' :"„.t'af.
driven out by an old lady, the mother of the P1a'".",,(1
That the defendant was returning on the 26th Jung' and
while corning down Holloway-hill was seen by a Plicenint
and a groom to drive across the road without anYliPriar;to
cause, then to throw away the whip and reins, and c—ajoo
the iron work of the gig. After going so for about j.
yards, it was run upon the curb-stone and overturniecuo
The repairs of the gig cost 61. 15s. 9d., and it was and
in value by 51. The horse was less in value by 1.11.,
some dama,ge was done to the horse furniture.
For the defendant two respectable witnesses were callescl;
who saw the defendant passing their house, Which I'laee
situated about 300 yards higher up the hill than the 13. g,
of the accident, and then they observed the horse deny
and evidently preparing to run away. The defendant
pot
P
vious to that had not been using the whip, and vggar tbo
going at more than six miles an hour. The knees °- the
horse were broken, and appeared to the witnesses Or 10
defendant to have been broken before. R `rag less
proved that the plaintiff had offered to take a much
than he now claimed.
The Jury found for the plaintiff—DarnageS 2.01* t the
Mr. Richards and Mr. James were Counsel .re"ird for
plaintiff, and Mr. Andrews and Mr. C. Jones age.--
the defendant.

DAY.)
WORSHIP-STREET.--(THIS

E. lIINDLEY AT T
PROfOrseE NCItITT. I
OBNI NOGFYIT:Bi
TIE-----.---- -
sTllig
RAILWAY COMPANY. this Of6ee °ill
In this case 1. , w ich was investiated at basso
Friday and Tuesday last, Mr. Duncan eared 00 - ,
. apP t
of the pros-c;
of the Eastern Counties Railway
cution, and Mr. Maynard for theindsenfPerdrant• Evide h
, er cdoic
was gone into at great length on both sides, wit, 0,0 cir
the worthy itlagistrate said he wouldconsider all the day
.„,, Tinos
cuntstancesof the case, and deliver his opinion"
(this day). E)ASTEftti COL.
i: red his ilidg:
The worthy Magistrate this morning deny°. his been
meth as follows :—ln this case a charge --f Vic-
ttnade under the statute of the 3d and 4th C..
i ellCe
ioria, chapter 97, against E. Hindley, for neg log,
to
in the discharge of his duty as the Eastern t
gsil-
engine belonging to tho Northern and oinittiag
to
Company. The neglect input is the
the Ag,
o wait till the expiration of fifteen minutes after
rde'r'to
parture of the preceding train—starting withouteaelyngat an
start, notwithstanding an ordsr to stop—and Pr...cibe part Of
improper speed. The facts—not disputed °" ' that the
Ea Hindley, or disproved by his nitnesserare Sandal
stern Counties train started from Shoreaitch on a hat
morning, November 15, at about four minute' and. _
a_..,
past ten, and Hindley some ten minutes after, with 1,13"5t
turnh engine of the Northern and Eastern CorePanY'ebore-
t e morning was foggy; that before starting from 0
_oh
ditch he received a caution to go slow ; and that after
„Lan
caution he ought not to have exceeded the pace of laß,`io,
miles an hour. That the distance from Shoreditch stan the
to Bow station is two miles and a half that betwee„,irea
Devonshire-street station and the Bow station, he rew cad,
a signal from Cooper, the policeman, to slacken his Pop
That he obeyed the signal, shut off the sAt bia
and slackened his pace, and that he increase't 0,
pace again before arriving at the Bow stationrail b--tbSa3 ao
within a distance of half a mile. That the anti
inclination downwards between Devonshire-street Tat
Bow. That there is a curve in the line at 130 the rail
as to preclude a sight of more than 120 yards ofi were
at a time ; and that on the 15th November the rsi's tting
slippery. That the Eastern Counties train, after Pdtiabont
down a passenger at the station at Bow, stoPPe d that
175 cards beyond it, to take up two passengers ; a°, .torn
Hindley there came in collision with the rear °f the Da" art
Counties train. The allegations disputed on
,rher part
of Hindley are, that he over received notice °',.,- 0
rule as to waiting a quarter of an hour after the dePa-ur
of a preceding train : that he started without at' order,, 1
or contrary to orders ; and that ho exceeded the Ps- ,-I,°o
fifteen miles an hour. Those are the allegations which ",e
disputes. It has also been contended on his' t t"-
, I,
part, the
question for the Court is,
lision on the 15th - , , andthat if the collision was oces,
oiled signed by the improper stoppage of the Eastern Count°
_to,
train, this summons must be dismissed. The ritle' of
however,
,upon this summonsis, not what was the csu'einn
the collision—whether it was occasioned by a retsrdat'"„f
of the Eastern Counties' train, or an acceleraticluba-t
Hindley's engine, or by a combination of boh; dig-
whether Hindley was guilty of any negligence ie the dig-
charge of his duty on the morning in question, vr`i,„lb"
(in the language of the Act of Parliament) " life °,_r „.",- gli-
might be endangered. If he was guilty of sue° 'bis
gence, it is no answer, nor even an extenuation °were
conduct, to say the servants of another ComPanY fOp
guilty of negligence also. The object of cautions,
it ole7traing,
p
nals, and of intervals of time between the starting o °.`.
is to guard against unexpected stoppages, as /-; hie h bar
which are occasioned by misconduct as those w ro•
• hiY P
pen from unavoidable accident. It is big ci,,noies
hablo, that if the guard of the Easter] r too
train had not stopped to take up the tikea
tardy passengers, the collison would not bave__t, the
place ; and if the statement of Ottway be corral; thate
guard of the Eastern Counties train, in taking. °foe ef
passengers was guilty of an inexcusable violationser
Tnnosing
the most important rules of the Comp correct, It
coedif
Y• But urfs :_
Ottway's observation of the time to be c.
...`
fectly certain that the accident would not have h
ensiles sa
Hindley hadexceeded the pace of fifteen
,r° the
not d attention to
hour, or if he bad give a more prolonge
n between Devonshire'
caution he received from Cooper
a careful els'
And
uP" of opinion that
sheet station and 130nr.
mination of the evidence, lam in the dis•
yof
in
ligence
Hindley has been
guilt- ghe language of the
charge of his duty, whereby (in the might be endan-
" life or lin) .
.the
rule as to
Act of Parliament) bad no notice ot.
gered. Assuming that he h considered the
the fifteen minutes' interval, and that e 004
• lied order to _.
coution given him by James as an imp
to time be CO'
if the statement of Fosscy and Ottway as Bowing I°,
rest (and I see no reason to doubt them), a
and four °-
minutes for setting down the one passenger, a thamy
five minutes for the stoppage to take up the two,
.."..1; and
must have ran the distance between Shorecowto not
Bow in four or five minutes, or at a fa rest
a g
less than thirty
miles instead of fifteen; _oarber
neglect of due caution considering the state of the wi g for
alone. At all events, after perceiving and gayo :iity Of
the moment the signal given by Cooper, he g„ speed
a high degree of negligence in again increasieg tile was
before he arrived at Bow. The knowledge that, the 50'
descending an inclined plane—that the curve 2' r 5---
lion prevented his seeing:more than 120 yards of the
uht,
that the rails were slippery and the morning foggPi°e the.
notwithstanding the absence of any train or signs' - ett
olang
o
have induced him to pay ,„Pre in tha
obedience tostation, Cooper's signal till he turned off 11-° With
Eastern Counties Railway, a mile beyond 80., inioa
this view of the circumstances of the case, I am
not 0' °Pt° be
that, under this Act of Parliament, it ought bonad
dealt with finally by me, and that therefore I am
to send the case to the Sessions. i as
Bail for the appearance of Hindley at the Session
iven.