The Sun.
London, England, 1803-03-02 00:00:00

IS} MAPL COOK AND ANOIIIIi.

The Plaintiff is a Stop-seller, and a Jevii„ the De.
&lianas theTroprietors'of the•Gosport stage_qoach,
in which the Plaintiff, was a traveller-when it broke
down, and the 'Plaintiff was bruiied, and he brought
his Actidn to recover a compensation in damages.
Defence, that this was a pure accident,. for-which
the Defendants were not liable.

Lord EL:At:Boil:3'o6u said, the Pro_Prietors• of
State-coaeltei were hbund' to be Careful and wen_.
tine to inspe6 and examine their coaches, at (*re-
gent interval's, lest any accident 'should happen.
He said., as 'common carriers, there was not any
ttth.stion whatever, but 'that- they were answerable
for all accidents 'happening to goods With which they
wcie entrustedt the aft ut, God'and the King's elle-
iii
.es excepted. He did not" see, upon any principle
rea..‘2ll, why the lives and limbi of Hit Majesty's'
Suhjetis 'thc.9ld have a lower degree of procCaion
acid insurance.. Ijowever, he was not'aware o any
ease that- had been deteiznined to that extent.
Verdift fog tilt Plaintiff: D4glages 3'51.

.....~..

.
stubps
. btYotar.
- .
This 'Attion was 'brought to recover the amount
tif.i al. under the • following circumstances. The
lila int id* had given 1.23. to the Defendant's wife, Who
had undertaken 'to procure, a place `far hiM in 'the
iteite. She proMised from time to time, but never
piNft,r,,led. At last the Plaintiffhcc [me a little
patient, and insisted on. seeing the Defendant hini.
sell, which he did. The Detendanfadtnitted that
he knew of this. The Plaintiftinsistedon haying,
a`note for the repaytnent of this money. The, De.
fendant said, it would be improper for him to be
feel, in it, but that he would authorize his wife' to
give him a promissory note to that amount, and:
which she
A Witness of. the name of Dyer said, he was
present when Mr. Simons paid Mrs. Dixon rah
He believed it was to procure him a plaCe in the
Excise, which if it had been procured,' was to hatie.
cost O.
Lord FALENI3OIIOtIGB.---"(,‘ That will not do,.
It is illegal up to the thrOat."
Mr. EIOKINE admitted that if lie gave a person
who had the disposal of a place t ti.. to. give him
that place, that was a corrupt and illegal consider.
ation, and the .Law would not make it the founda.
tioout an Atlion.; 'but if .11e, gave r zl. to another
person to. use his influence with the, man who had,
the Office to dispose of,, he' subirkitted that was
not illegal.
Lord ,41.1.0roottotiott thought it was equally il.
1,4ga1. with the other.
Mr. Eitsait4,said,if.a person for 121. underlClOk
to procure him an Office, and'afterwards refused to
perform his Lontrail, he could not recover daniages,'
as for the non.performanee, of an illegal Contrati
but he submitted, that the money which he paid 'to
the person so refusing, was money paid to his p,,vn,
I,lse, and that he might recover it back infilte.same
way that a man who had, paid „money' for illegal
insurances might recover it hack.
Lord ELl..ENsoßot.rox said, he reef:4lo'kt' cases
precisely like this, where, the Piaintifthad been non.
nonsuired.

COURT .OF MIA cat z.

WAI(DEN AND MINOR CANONS OF ST. rAuLts

lu. Wilt It IS AND OT}j eitS.

This imp?rtant cause was farther proceeded on
tb.day.
Mr. ArtoitztriatmtAt., Mr. RICIfARDS, and
Mr. ST4rlttY, displayed great learning and abili.
ties in chewing CAM against a Motion for a third
trial ;' and Mr. MANS, 1 it Li) and Mr. LFAeH in stip.
purring sh Motion'. '
. The LO&D •;,t.or,c, both in the course of
the argument; and at the conclusion of it,,mitde a
number of most important observations on the topics
wl,iCh, in his aiprehettsion, ought to be excluded
fr9m - his consideration, and also on the questions
which it would be his duty to exercise his judgment
upon. His Lordship stated these
,qusstions with
great perspicuity,and said he was not then prepar.
ed to deliver his judgment upon therri ; but if this
was to go to a third trial, the parties should not. be
delayed; and another co,nsideration would be, what
was to be dope in matter of costs.