The Sun.
London, England, 1867-05-15 00:00:00

THE SUN, LON t;ON, WEDNESLLAV EVENING, MAY 15, 1867.

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LAW INTELLIGENCE.—This Day.

COURT OF QUEEN'S BENCH.

(Sittings in Banco, before Justices Blackburn,
Mellor, and Lush.)

READHEAD V. THE MIDLAND RAILWAY COMPANY.

The plaintiff in this case sustained injuries while
travelling by the defeudauta' railway, in conse-
quence of the breaking of some carriage-tyre, and
brought an action for compensation in damages
against the company on the ground that they had
been guilty of negligence, and were, consequently,
legally liable for the consequences of the same. It was
argued that there was a difference between carriers
of passengers (whether by sea or land) and car-
riers of goods, the latter being insurers, while the
others were in no way liable for any accident
that might occur to passengers, unless it could be
clearly proved that it resulted from want of due
vigilance on their part., and that the defect in
the tyre was a latent one, of which they could not
be held cognisant. The jury found a valet for
the defendants ; but a rule nisi was granted by the
Court of Queen's Bench, calling on the defendants
to show cause why there should not be a new trial,
on the ground that Mr. Justice Lush, before whom
the case was tried, misdirected the jury as to the
legal responsibility of the defendants. Cause was
shown against the rule, but at the close of the ar-
guments Mr. Justice Blackburn differed from
the other learned judges, who were in favour
of the finding of the jury, and the case
accordingly stood over to enable the learned judges
to consider all the authorities, whether English or
continental, bearing on the law relating to the

question.
Mr. Justice Lush and Mr. Justice Mellor deli-
vered judgment this morning, deciding against the
rule.

POLICE INTELLIGESCE.—This Day.

MARLBOROUGH-STREET.

A CADMAN'S LICENSE SUSPENDED FOR MISCONDUCT.—
John Kelly, a cab-driver, badge 13,891, was charged before
Mr. Tyrwhitt as follows :
Dr. Girdwood, residing at 19, Howley-place, Padding-
ton, said that on the previous afternoon h 3 engaged the
prisoner to drive him from his house to the Waterloo Sta-
tion, and when the prisoner got to George-street, near St.
Giles's Church, he got his horse into a gallop. He told
the prisoner to drive quietly; bat instead of doing so he
lashed his horse. He again complained to the prisoner,
and prisoner then ordered him in a rough manner to get
out of his cab, and he did so, and got into another, and the
prisoner then drove his cab against the one ho was in, and
injured the wheel of it. The prisoner asked him to
pay him, and he then told the man whose cab he was in
to drive to the police station, and he did so, and when
there the prisoner came in, and was detained by the
inspector.
In answer to Mr. Tyrwhitt, Dr. Girdwood said the pri-
soner was not drunk, but was excited through liquor.
Police-constable Hellicar, 171 C, was on duty at the
Marlborough-mews station when Dr. Girdwood arrived,
and directly after the prisoner came in and demanded pay-
ment of Dr Girdwood. Seeing that the prisoner was
drunk he was charged with being so, and detained. A
third cab was brought to the station, it having been dam
aged by the prisoner driving against it.
The prisoner said his horse was a young one, and did
not want any flogging.
Mr. Tyrwhitt—But got it all the same.
The prisoner said he wont to the station to see if he wss
not to be paid.
Mr. Tyrwhitt —lf you think a man is bound to pay a
drunken fellow who endangers his life you are mistaken.
You will have your license suspended for 21 days. That
is the only way to punish such men as you.
CIIAROS OF EMBEZZLEMENT.—James Francis Arragon,
clerk to Mr. Richard Fallon, bill discounter and auctioneer,
of No. 52, Marsham-street, Westminster, was charged
before Mr. Tyrwhitt with embezzling several sums of
money received on account by his employer.
Three cases were gone into, and Mr.Tyrwhitt remanded
the accusod for a week, declining to take bail.