The Sun.
London, England, 1858-01-29 00:00:00

READ V. KING.

Mr. Locke, M.P., moved for a rule nisi, for a new
trial on the ground that the plaintiff ought to ha►e been
nonsuited, that the verdict was against the weight of
evidence—misdirection by the learned judge, and the
admission of improper evidence. The action was tried a
few days since at Guildhall, before Mr. Baron Bramwell,
when the jury returned& verdict for the plaintiff, damagek,
531. The action was brought for damages sustained by
a mare and carriage, owing to ferocious and mischievous
dogs of the defendant, a surgeon at Eithaw, being at
large. It was alleged by the plaintiff that the dogs flew
at his mare as he was passing the defendant's house,
causing her to plunge, kick, and run away, and sustain
the injuries complained of, and damage to the vehicle.
For the defendant it was contended the dogs were neither
ferocious nor mischievous—one being blind and another
partly blind and wholly deaf, they only followed the
carriage barking and jumping as dogs generally do. Alte►
hearing the arguments of the learned counsel, the Court
granted the rule.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)

AUSTRALIAN AUXILIARY CLIPPER COMPANY (LIMITED),

TZTITION TO WIND VP.

A petition to wind-up the affairs of this company was
presented a few days since, and today was appointed
for the consideration of the case.

Mr. Quaio, who represented the company, asked for
an adjournment for a month, on the ground that a corn.
mittee of creditors had been called, and they were of
opinion that it would be preferable that the company
should be wound up out of Court.
Mr. Plows, for the petitioner, said that he had no
objection to the adjournment, as he knew that arrange-
ments were being made, and he had no doubt they
would be satisfactory.
Mr. Ellis, on behalf of the committee of creditors, also
consented, arc' the case was adjourned till the 25th
Feb. next.

IN NE T. KIRKMAN.
This bankrupt had carried on business in Leadenhall-
street as an East India merchant, and this was the
meeting for the last examination. The balance-sheet
shows debtor to creditor, 3,3781. ; assets--good debts,
3,9501. ; doubtful, 177/. ; property, 149/. The bank-
roptoy was occasioned by the difficulties of the Bombay
and Calcutta merchants, through the Indian mutiny—
up to that time he had been tusking a considerable
profit.
The bankrupt passed.

IN RR BRITTANY
This bankrupt was described as of Noble.street, fringe
manufacturer, and to-day came up for his last examina-
tion. The case was originally before the Court under
the Priva e Arrangement Act, but was afterwards
brought into open Court.
Mr. Lucas, for the aisignesso applied for time to
investigate the accounts.
Mr. Pook, for the bankrupt,. contended that there bad
been ample opportunity for inquiry, and resisted the
adjournment, bat his Honour adjourned the case till the
18th February.
On the application of Mr. root, the allowance was
continued.

SHERIFFS' COURT
(Before 111 r. Prendergast, Q
ORNINUS ACCIDENT. main V. VOX'
The plaintiff in this action is a warehouseman at
Brewer's Quay, and the defendant is an omnibus pro-
prietor, and the acti.tn was brought to recovei
compensation for injuries sustained by the plaintiff
through the alleged negligence of defendant's servants.
From the evidence of the plaintiff it appeared that on
the 22d Nov. last he took a place on defendant's omnibus
at Cornhill, and got on to the roof, but before he was
seated tke driver went on although plaintiff cried out
hold, and be (plaintiff) was thrown to the ground ; that
he was rendered almost senseless, and it was afterwards
found that two of his ribs were dislocated, and two of
his fingers broken through clinging to the rails of the
line, and his clothes were also torn. He now claimed
2/. 95., as the amount of the surgeon's bill and compen
cation for damage done to his clothes ; but he did not
claim for loss of time, as he had been paid his wages by
his employers.

. -
Mr. Beard, from Mr. 'lndianan's, cross-examined
the plaintiff, and elicited that he was insured in the
Accident Asitsrance Compan'', but he denied that
he ever said that he get the number of defendant's
omnibus merely to satisfy the company, nor had hr
made any claim on it on account of the accident.
Mr. Beard then called the plaintiff's driver and
conductor, and two or three outside passengers, who,
although they did not actually see the accident,
had no doubt that it occurred through the
plaintiff's endeavouring to get from the back to a
front seat behind the driver whilst the omnibus wa!
going on, as he fell near the front wheel after the
omnibus had gone 70 or 30 yards. He was taken into the
Pewter Plater public-house and bad some brandy,
and was taken on to the Elephant and Castle
where be asked for the number, and according
defendant's witnesses, said that the driver was
ton
ot to blame. It was an accident. They also
said that plaintiff's wife was inside the omnibus,
and on being plaintiff, said, " Oh, Samuel, I have cau-
tioned you so often not to ride on the outside of a bum."
Plaintiff denied this, and swore he was quite sober.
After a great deal of cross-examination on either side
His Honour said the case was not clear, and he was
very sorry for it ; but according to the evidence,
plaintiff had not made out his case.