The Sun.
London, England, 1858-04-02 00:00:00

ASSIZE IN PELL !GENOA

ROME CIRCUIT.—KINGSTON, APRIL 1.
(Before Mr. Justice Erie and a Special Jury.)
WITHERS P. THE GREAT NORTHERN RAILWAY
COMPANY.
•
This was an action to recover damages for 'injuries
saitained by the plaintiff while travelling upon the
..0 Mr
above railway, in consequence, as was alleged, of
the negligence of the defeod4nts.
M
d.rMr.Re. loeßeyh,,f jowiainle rcee:frQokre. ta‘ h'ued nMr. ffo
1; Mr. Bovill - -
1., Q
r. .
and
uB,
ytnHew
an were for
the company. •
The point involved in this cause was a rat
different one to those usually in question in actions • ;
of this desciiption. The accident that was the sub. • •
ject of inquiry occurred on Aug. 13, 1857, when it
appeared, there was a tertific thunder-storrn, ac.
companied by torrents of rain. The plaintiff was
a t.aveller by the mail down train, and upon its
arrival at Newark there was a tremendous flood, -
the consequence of which was that the embankment
of the railway was to a certain extent washed
away, the train fell in,
.and the plaintiff received
very serious injuries—indeed so serious, that it was •
doubtful whether he would not suffer from them to
the end of his existence. It was contended-on be.,
halfiof the company that there was nOliegkijoict on
theit part-to render them liable for theiptieiineli:so.,f,
Of the -accident, and thiit 'it wag purely oiringt6 the
sudden fLod, over which they had no control.
The jury returned a verdict for the plaintiff-
damages 1,560/. some points of law bang reserved
for further consideration.

It has been arranged that the business of the
assizes shall be adjourned until Monday next at 1Q
o'clock.

NORTHERN CIRCUIT.—LIVERPOOL, APRIL 1.
SECOND CIVIL COURT--(BdOre Mr. Baron Martin..)
ANFIELD V. BEAUMONT.—ACTION FOR ASSAULT AND

YALSE IMPRISONMENT.
This was an action brought by a young female,
under 20 years of age, lately employed as a stew-
ardess on board the eamer, Tiger, trading be-
, tweet' Hull and Hamburg, against the captain of
the vessel. In April last year the Tiger was lying
at Hamburg, when the plaintiff, accompanied by
two of the engineers, went out one night to some
places of amu-ement, and did not return on board
tintd after midnight. Tue captain was in bed,
and he bad locked t he cabin door in such a way that
the plaintiff could not open it, al.hough she had a
key. She contrived, however, to get to her berth
through the window of the smoking-room. Next
morning, according to the plaintiff's case, the cap-
tain abused her for staying out No late, threatened
to discharge her, and soon after Arai ds came to her
and insisted upon her leaving the ship at once. She
declined doingso, believing that herreputation would
be injured, but the captain still insisted, and ulti-
mately called the police. The girl refused to go,
and the Rdice tied her hands and removed her. Her
hands were bound so tightly that the blood started,
and they were much injured. The captain told her
he should place her on bo rrd another vessel, the
Harmonta, but she declined to be sent home thus,
and begged to be allowed to remain and return on
board ma Tiger. She was removed, however, by
the police, and being still ob -ttnate in her refusal
to be transferred to the Harmonia, was taken first
to the copses office, and then to gaol. During
her detention by the police she struggled a good
deal, and was repeatedly struck by the officers. It
was for these assaulti and alleged false imprison-
ment that compensation was sought by the present
a tion. For the defence it was urged that the plain-
tiff was insub •rdiJate, negligent of duty, and im-
pertinent to the c)ptain ; that the assaults com-
pTa,iped of she had brought upon herself by her owia
viuleece ; and that, after tolerating Ler misconduct
a 3 long as he could, the defendant had done all in
his power to prccure• her another ship, and had
actually paid her wages up to the time of her dis-
missal, and also her passage home. In cross-exe-
mitlatien the captain admit ed that he had indulged
in a criminal intimacy with the plaintiff, though
his wife was on board at the time. A document
was put in, being a copy of certain proceedings and
exam.inaiion3 taken and made before the Hamburg
authorities, which tended considerably in the cap-
tain's favour, and showed that the plaintiff had
ac ed in a most violent and outrageous manner,
while, on the other hand, the captain had done all
he could to induce her to leave the ship quietly and
go on hoard another vessel.
After addresses from learnel counsel and the
summing up of the judge, the jury found a verdict
for the plaintiff—Damages 501.

BRISTOL COUNTY COURT-THE
PLI G ACT.

At the Bristol County Court, on Tuesday, in an
action, Tovy v. Hill, the learned judge, Sir J.
Eardiey Wilmot, Bart.., gave an interpretation of
the 24th George 2, cap. 40, better known as the
" Tippling Act," which was far more liberal and just
towards the licensed victuallers' trade than the
judgments under that statute have usually been.
l he action was brought by the plaintiff, a highly re-
spectable wine and spirit merchant, to recover the sum
of 3/. 3e 6d, for wines and spirits. Tie bill was made
up , f the following particulars :—Oct. 9, 1856, 1 gallon
Oi'l Men gin, 11,. ; 2 quarts Irish malt whisky, et 16'.
leer gal , Bs. ; 2 qiee tee, old Coenac brandy, at 284. per
sal., 14, ; March 14, 1857, 1 gal. 0 d Tom Fen, lig. ;
1 quart oil'. Cognac brandy, at 3?..e per gal., 7q. 6d. ; 1
guar., Irish malt whi,k), at id,. per gal., 41. ; 1 quart
.upe: ior oil For*, at 16.. per gil., 4.. ; 1 quart prime
pale sherry, at 16,. per gal., 4s.
Mr. Dens, who appeared for the defendant, submitted
that by the provisions of the 24th Geo. 2, cap. 40, the
plaintiff eras debarred from bringing or maintaining • is
action ; and so conc!usive was the prohibi ion of that
i.t.tute field to be that the late Judge of the o..,rrt,
Mr, Palmer, bad sleeps considered himself btun I,
even when the act was not pleaded, to act .upon
it, and to deprive the plaintiff of his .ver !*. The
act provided that, "From. and after the Ist day of
July, 1751, no person or persons whatsoever shall be et-
titled unto or maintain any cause, action, or suit
fur, or recover, either in law or equity, any esim or
sums of money, debt, or demand whatsoever, fur
or on account of any spirituous liquors, unless
such debt shall have really been and bona fide con-
tracted at one time to the amount of 20s. or up•
warts." In the caie in question the items were
under 20e, although by adding two or three together,
as supplied at the same date, an aggregate of over 20s.
might be made up. Thera was, however, a second section
of the clause which di:tinctly met the case, and which
was, "Nor shall any particular article cr item in any
account or demand fur distilled spirituous liquors, be
allowed or maintained where the liquors delivered at
one time, and mentioned in such article or item, shall
not amount to the lull value of 20s. at the least, reed that
without fraud or covin." Such was the substance of
Mr. Dane's argument, in support of which he men.
tinned the decision of the former judge, .Mr. Palmer. . ,
His Honour, having taken time to coreiier his judg-
ment, said, o 3 Lie return into court, that he thought
the statute capable of a construction more liberal
and more for the benefit of the .public _ VI::
that which Mr. Dena had put upon. it. 5
argued that, in order to carry out the
• to re-
cover
of the act, a plaintiff must be deprived of his rightdat
one
where the separate parcels of spirits:opiene
, prervisions
in value. He
fraveur of trade,
time did not each individually exceedt
q2-inOterpret the act,
li.tewraitibilw' rim it was passed,
thought that that was not the way
twhoatrd
which should be construed.
and with a view to the o,jec.!
g. The second part of
viz., the prevention of t ppi
a, where
the section of t,h,
' the liquors delivered timeand •
e a:or:andel coajia
considered ne dthe
d at ogle , mentioned in
the" word
z shall not amount to the full
' such article or item, .
' value of 20s.
t be read in connectionwiththe •
liquors" nos
being read, it
word
0 item„
and that, so read, it showed that the
contemplated the delivery
Legielatur7
liquor at one time of More than
e Para° of as embraced
within the scope of the term "article. or item." That
such must have been the intention of the statute was
confirmed by what had been suggested to him by one of
the registrars, Mr. Gibbs, viz., that if it were otherwise,
a person might go to a spirit merchant and purchase
19s lld worth of bra dy, 19.. 11d. worth of gin, 194 lid
worth of Sun), 10, lld worth of whisky, and eii On, and
ti en, because neither of the articles came to 20W., might
hold the vendor at arm's length and defy him. Such be
considered could never have been the intention of the
Legislature, and such was not, according to the liberal
construction which he was disposed to put upon it, the
meaning of the act of Parliament. The judgment
would, therefore, be for the plaintiff.

The Easter ceremonies fur the Jews commenced on
Tuesday, anil will continue until the 6th April. Accord.
Ini; to the law of Moses ev.ry Jew cotmi len., himself as
JeilVert.d persunPly from the captivity of Egypt, and
or that reason always with the same solemnity and
with the scrupulous exactitude all the prescriptions t.
'ached to the institution of Easter. Tbey abstain Tor
eight days from ea ing leavened bread, and will not
al-
low the steallest bit to enter their houses.
TEIE NEw MILITIA AOT.—An act of Parhareinas
t lie
jest been printed to continue the Militia 40$ tp the
25th March, 1859,