The Sun.
London, England, 1858-07-10 00:00:00

COURT OF EXCHEQUER.

(Sittings at Nisi Prius at Guildhall, before Mr.
Baron Martin and a Common Jury.)
DYHAR V. RADFORD-SINGULAR ACCIDENT.

This was an action for compensation in damages
for injuries received to an eye, through the alleged
negligence of the defendant's servants. The plain-
tiff claimed 5001. damages.
Mr. Sergeant Peteralorff and Mr. Gibbons were
counsel for the plaintiff. Mr. Huddleston, Q. C.,
and Mr. Lloyd were counsel for the defendant.

The plaintiff is a sewerman, in the employ of the
contractor, and the defendant is a butcher, carry-
ing on business at the corner of Sun-court, Shep-
herd's-market, May fair. On the 9th March last,
about half-past four o'clock in the afternoon, the
plaintiff was passing along with the foreman, and
when he came to the defendant's shop he was
caught in the eye with a meat hook that hung on
the iron bar of the blind. The plaintiff was held
up as it were by the hook, and his companion had
great difficulty in extricating him from the firm
hold of the hook, having to lift him to get him off.
The defendant came out with one of his assist-
ants, and the plaintiff's friend said to him—" This
is a sad accident." Defendant replied, " I can't
conceive how any of my people could have bean so
foolish as to leave the hook in such a position."
Plaintiff's friend asked what had better be done.
Defendant said, " take him to a surgeon." Plain-
tiff's friend asked who was to pay the expenses,
and. defendant replied, as it would only cost a few
shillings, he would pay for it. Plaintiff was taken
to a surgeon in the neighbourhood, who attended
to the injury, and he was afterwards an out-patient
at St. Mary's Hospital for some time. A portion
of the eye-lid had to be cut away, and it was now
so much contracted that it fell over the eye, and it
oould not be raised or lowered without difficulty.
The plaintiff said the sight of both eyes was weak-
ened in consequence of the accident. Dr. Walton,
who operated on the lid of the eye, said there was a
certain amount of deformity in the eye, but he was
sanguine the sight would not be permanently in-
jured. The man was net out of his care, and he
anticipated he would have to take away another
strip of the lid to complete the treatment.
Some months were required to test the full benefit
of an operation.

The plaintiff, who lost some time in attending
the hospital, &c., was in the receipt of a guinea
a-week, and he was still in the same employ.
Mr. Huddleston, having addressed the jury for
the defendant, urging that if the defendant had
exercised care and caution in passing the defen-
dant's shop the accident would not have happened,
and that 'he defendant was not answerable for the
plaintiff's negligent. e
The learned judge, summed up. It was for the
jury to say if the defendant was guilty of negligence
in leaving a meat-hook in the way, as described, or
if the plaintiff by his conduct contributed to the
accident by his own negligence.
The jury returned a verdict for the plaintiff,
damages 501.

CITY POLICE COMMITTEE—(This Day;

Ten boys were summoned for causing obstruc-
tions in Lombard-street. The officers stated that
the defendants were marching in procession down
the street, and as each one " cried" a different
article, they, in addition to the interruption to the
traffic, made a by no means harmonious concert.
Fined 2s. 61 each.

Mr. Thomas Beard attended for the defence of
several omnibus drivers charged with furious
driving, and obtained mitigation of the penalties.

POLICE INTELLIGENCE.—(This Day.

MARLBOROUGH-STREET.

ROBBERY AT IVlAssres.—Enama Gingham, and Isaac
Jacobs, the former a barmaid at Massie's, were charged
under the following circumstances :
John Villen, residing at V►ctor-lane, Leeds, said he
was i❑ the Crown public•house, bept by a person named
Massie, in Cranbourn-passage, when, being a little
fresh, he 10-4 his watch. He went that morning, and
saw the prisoner Jacobs there, who said if he gave him
7/. 103. he would get the watch for him. He gave the
prisoner N. 10s., and shortly atter received the watch
from the female prisoner.
Sergeant Glass said he took the male prisoner into
custody, and told him he was chaiged with stealing
7/. 103. He said he knew nothing of the watch or the
money. He then took the female prisoner into custody.
She said she knew nothing of it, only that she had the
watch to mind. The male prisoner said he was asked
to look after the watch, and had got into trouble. The
female was a barmaid at Ma:nie's house. On searching
Jacobs he found 8/. 103.
Jacobs said he certainly was in Massie's house.
Gingham said she did not know who she received it
from. _

They were then remanded till Friday next.
While Sergeant Glass was giving his evidence, and
saying he searched the prisoner Jacobs, Massie, who
was standing behind the dock, ot-erved, " You should
not have served me so." Mr. Beadon heard the re-
mark, and ordered him to be turned out of court.
Welsh, the gaoler, having requested him to leave, Massie
paid, " Don't put your fingers on me or I'll mug you."
He, however, thought better of it and left the court,
but not till Mr. Beadon bad told him if he resisted be
should commit him fur a month.