The Sun.
London, England, 1841-07-29 00:00:00

of an hour, when, it being then between six and
seven o'clock, and there being neither light, signal,
nor bell, to give warning, a train of twelve loaded. coal

waggons, weighing together upwards of 40 tons, was di
covered rapidly approaching on the same line, the switch
not standing in a proper manner, so as to conduct the
coal waggons down the line they should have gone, but
so as to bring them- directly on the .carxiages.. The
alarm was given to the two nearest carriages, and the
passengers had just time to get out, and escaped unhurt;
but before warning could be given to these in the car-
riage in which the plaintiff was, a fearful collision took
place, by which the carriages were forced up the
inclined plane, at the top of which two of, the
waggons got off the rails, and were overturned.
When the plaintiff got out he was so mystified, that
in answer to a question, he insisted that he was going to
Stockton, while, in fact, he was on the road from that
place. The extent of the injury he received did not ap-
pear at the tithe, but blood was upon his face. When
things were put to rights he entered the carriage again,
and was conveyed to the Sunderland station, when an
omnibus received the passengers, but wheu it got on the
rough road he was obliged to be taken out, not being able
to bear the motion. A Mr. George Moon, a shipowner
of Sunderland, who knew him, conducted him to the
town, and, surgical aid being procured, it was discovered
•

that his cheek bone was broke; and forced into the socket
of the eye, and he had received a violent concussion of the
brain, and was, generally speaking, shaken to pieces. Ha
lay in a precarious and most helpless state till the end of
December, when he was removed home, but soon after
suffered a relapse, and found it necessary to return to
Sunderland for the benefit of surgical and medical advice.
From a strong man he was reduced to a state of great
weakness, in which there was every probability he must
continue to the end of his days, and from being a person
of very vigorous intellect was reduced to comparative im-
becility. One remarkable effect was produced which would
alone speak for the severity of his sufferings. At the time
of the injury he had not a grey hair in his head ; within
a month after the whole head of hair was changed per-
fectly white, and still continues so. It might be thought,
said the Learned Counsel, that after such an oc-
currence, the defendants would at least have tendered
their aid towards his recovery, and have so far shown
that they possessed the common feelings of humanity as
to have inquired from time to time after his health and
state ; but no—no such inquiry was ever made, and
when the plaintiff seeks compensation ut their hands for
an injury for which, indeed, money can never repay him,
he is put at arm's length, he is set at defiance, and a
doubt is pretended to be thrown upon the fact of his
having ever existed. The Learned Counsel concluded
his address by a powerful and eloquent appeal to the
Jury to mark the case by their verdict in the manner
which it deserved.

The necessary evidence being given to prove the case,
Mr. DuNDAs submitted to the Court that the plaintiff
must be nonsuited, and contended that they were a cor-
poration, and could be sued only in their corporate capa-
city. He read from the act of incorporation the several
clauses constituting the Company, empowering theta to
purchase lands, make the railroad, with by-ways, side-
ways, and all things necessary for their purposes.
Mr. KNOWLES replied, that the Act incorporated the
Company to make a railway and carry passengers, &c.,
between Durham and Sunderland, and not between
either of those places and Stockton, which was an after-
thought, and undertaken by them just as any other per-
son would contract. All the by-ways and side-ways au-
thorised by the Act were to be " for the purposes aforesaid"
—that is, for the traffic between Durham and Sunder-
land. Nor could the incline, where the mischief was
done, be called either a by-way or a side-way, it being, in
fact, an addition, extending beyond the terminus of the
Parliamentary line.
The Learned JUDGE said he would not stop the case,
but, whichever side had the verdict would give leave for
the other side to move the Court above.
Mr. DUNDAS then addressed the Jury in an able speech
for the defendants, and
The Learned JUDGE having summed up the case,
The Jury, after a short retirement, returned with a
verdict for the plaintiff.—Damages, 150/.
The smallness of the damages appearei tip create gene-
ral surprise.