The Sun.
London, England, 1856-12-11 00:00:00

(Sittings at Niei Priuc, at Guildhall, before Lord Camp-
bell and Special Juries )
CLEGHORN V. MACNAMARA AND OTUERS.
This action was brought to recover compensation in
damages for an injury which the plaintiff alleged he had
sustained in consequence of the defective construction of
one of the defendant's omnibuses.
Sir F. Thesieer and Mr. Hawkins were for the plain-
tiff ; and Mr. E. James fer the defendants.
The plaintiff was a hemp merchant, carrying on busi-
ness in Billiter-street, in partnership with Mr. Dunbar,
and the defendants represent the General Omnibus Com-
pany. On the 12th of April last the plaintiff hailed
one of their omnibuses in Cheapside, and took his seat
on the outside for the purpose of proceeding to Putney.
He sat at the end of the front seat, on the near side,
another gentleman being between him and the driver.
This portion of the seat extends on each side about 10
inches beyond the omnibu', and is attached to the other
part by means et hinges, so as to enable the vehicle to
pass through any narrow entrance. It appeared that
these hinges bad become weakened, and when the
omnibus had reached the Opera House, in the Haymar-
ket, the seat underneath Mr. Cleghorn suddenly—and
without the slightest !earning or apparent reason—broke
off, and he was precipitated to the ground. He was
enabled to get to his house at Dalston, but he suffered
severely from the shock and bruises be had received, was
confined to his bedroom a fortnight, and could not now
move about without :the assistance of crutches. The
learned counsel (Sir F. Thesiger) stated that in conse-
quence of the injuries he had sustained the plaintiff, in-
stead of going backwards and forwards between his
residence and place of business as formerly by railway,
was compelled to hire a carriage at considerable expense ;
that he had to pay a very considerable sum for medical
attendance ; and that owing to his inability to take the
active share he previously did in the business, the profits
of the partnership had very much diminished, and con-
tended tbat, under these circumstances, he was entitled
to a large amount of damages.
Mr. Cleghorn, the plaintiff, who was a tall and very
stout gentleman, gave an account of the accident, and
of the injuries which he had received. He fell to the
ground like a sack of sand, his knee was lacerated, and
the muscles of his legs and feet bruised and weakened.
If he stood five minutes the pain in his back, hips, and
knees was so great that he must either sit down or fall
down.
Cross-examined by Mr. Edwin James—l believe that
the new Omnibus Act allows only 16 inches for each
passenger. Do not you think you could well fill up that
space ? (Laughter.)
Witness —Yes, but you would not like to fall seven
feet. The gentleman who sat between me and the driver
was rather thin, and, seeing I was stout, he gave me
as much room as possible. I cannot say whether any
portion of my person rested on the iron railing round
the end of the seat.
Mr. Edwin James—l should have thought you would
never have forgotten having ridden on a sharp iron rod
from Cheapside to the Haymarket. (Laughter.)
Witness—l can only say that I had plenty of room.
I received the first shock of the fall on my right foot. I
then fell upon my knees, and prevented my head striking
the ground by throwing out my bands. I consider I
had a providential escape. After the accident I walked
to Regent-circus, in Oxford-street, to get the Dalston
omnibus. About 12 menths previously I had suffered
from gout and was laid up a day or two. No medical
man attended me on that occasion. I always doctor
myself for gout.
By Lord Campbell—There was no jolt of the omnibus
when the accident happened.
Mr. E. James said the defendants were ready to con-
sent to a verdict for 4001., and the other silo were dis-
posed to accept that sum. This was the first time any
accident had occurred since the company had been formed;
and they were now constructing new omnibuses, on a
plan which would, as far as possible, secure the safety of
the passengers. The omnibus in question was an old
one ; but before it went out in the morning it was in-
speeted by the police, who pronounced it to be perfectly
safe.

Lord Campbell observed that the company bad behaved
in the court with very great propriety. They had given
tie plaintiff a sum which was probably equal to what
the jury would have awarded, and he had no doubt they
would take precautions to prevent such accidents in future.
A verdict was then entered for the plaintiff—damages,
4001.