The Sun.
London, England, 1866-05-24 00:00:00

COURT OF EXCHEQUER.

(Sittings at Nisi Prius before Mr. Baron Faget and a
Common Jury.)
LEVY V. FREEMAN.

This was an action brought by the plaintiff to recover
damages for injuries sustained through the alleged negli-
gence of the defendant. _ _ _

From the evidence of the plaintiff it appeared that he
was a boot and shoe maker, living at 11, Broad-Court,
Bow-street, and that the defendant was a van proprietor
In the afternoon of January last the plaintiff, who is nearly
72 years old, was returning home, when the defendant came
down Bow-street from the direction of Holborn in a break,
driven at a rapid pace, and at the wrong side of the road,
and just as the plaintiff reached the kerb, he was struck
by the vehicle and knocked down with great violence.
Two of his ribs were broken, and he sustained other in-
juries, from _the effects of which he had not yet recovered.
At the time of the accident he had three men in his em-
ployment, and was earning from £3 to £3 10s. a week. Ho
was obliged to discharge these men, and had not been able
since the accident to undertake any work. It was also
stated that from the nature of the accident and the advanced
age of the plaintiff, that the injuries he received would be
permanent in their effect.
Tho evidence of the plaintiff was corroborated by a
witness who saw the accident, and the medical man who
attended him during his illness.
The case for the defence was that the vehicle was not
driven at a rate dangerous to public safety, and that the
accident was caused by the carelessness of the plaintiff.

The evidence was very conflicting, and the jury found
for the defendants.

POLICE INTELLIGENCE.---This Day.

MARLBOROUGH-STREET.

A CARRIER AND HIS MAN CHARGED WITH CRUELTY TO A
HORSE.— Joseph Woolridege, carman in the employ of Mr.
Thomas Clarke, carrier, of Teddington, was charged before
Mr. Knox with cruelly torturing a horse by working it
while in an unfit state, and also with cruelly beating it.
Mr. William Love, from the office of the Royal Society
for the Prevention of Cruelty to Animals, attended on the
part of the society.
Rutherford, an officer of the society, said that on the
previous afternoon he saw the defendant driving a horse
attached to a cart. The defendant was pulling the reins
and flogging the horse severely over the neck. On stop-
ping at an upholsterer's shop he (the officer) noticed that
the horse hung down its head, was much blown, and was
covered with sweat, and on examining it he found both
fore fettock joints much enlarged, also the near hind pos-
tern, and a raw wound on the off side with the saddle
girth pressing into it. There were also several scales on
the horses back. The horse was old, worn out, and quite
unfit for work. He asked the defendant who was his
master, and he said Mr. Clarke, of Teddington, and that
his master knew the condition of the horse, as a man in his
employ had refused to drive it, but that he (defendant) was
compelled to take it out by his master.

Sell, also an officer of the society, having given similar
evidence, stated that the defendant told him that he had
brought the horse 11 miles, been about town four hours
with it, and then had to take it another 11 miles back.
After inspecting the horse, Mr. Knox said that he un-
derstood that the owner of the horse was in court, and the
owner stepped forward.

Mr. Knox said he should order a summons to issue
against him for causing the horse to be tortured.
The evidence having been repeated, Mr. Knox asked
the officers if the horse would ever be fit for farther work.
The officers replied in the negative.
Mr. Knox said the horse appeared to be very old, in a
miserable condition, and to bear marks of punishment.
The owner of horse wished the case postponed, that he
might have his vetinerary surgeon's opinion of his condi-
tion.

Mr. Knox said if the owner thought he would better his
condition by an adjournment he would grant it, and did so.

Public Drinking Fountains and Cholera.