The Sun.
London, England, 1857-04-22 00:00:00

LAW INTELLIGENCE.-April 21.

COURT OF QUEEN'S BENCH.

(Sittings in Banco, before Lord Campbell, and
(Justices Wightman, Erle, and Crompton.)
THE VESTRY OF ST. PANCRAS V. MORGAN.

This was a special case, in which the question to
be determined was, whether, under the local act for
lighting and paving, the vestry of St. Pancras were
entitled to bring an action to recover an amount
claimed by them for repairing the road opposite the
defendant's house, the act providing that when a
claim of this kind was not paid the vestry might
distrain upon the person's goods.
Mr. M. Smith was heard on the part of the de-
fendant ; and Mr. Kean for the vestry.
Lord Campbell was of opinion that the action
could not be maintained, a specific remedy having
been devised by the statute for the recovery of the
money, and that judgment ought to be for the de-
fendant.

The other judges were of the same opinion.
Judgment accordingly for the defendant.

COURT OF COMMON PLEAS.
(Sittings at Nisi Priu9, at Middlesex, before Mr.
Justice Williams and a Common Jury.)
BLAKE (ADMINISTRATRIX) V. RVSIITON-FATAL
ACCIDENT.

This was an action brought bythe widow ofJohn
Blake, to recover damages for the death of her hus-
band, as was alleged, through the negligence of the
deTendant's servants. The pleas were not guilty,
and that the deceased's death was not caused by
the negligence-of defendant's servants.•
Mr. M. Chambers and Mr. Joyce appeared for
the plaintiff ; and Mr. Hawkins was for the de-
fendant.

It appeared that the deceased was 74 years of
age, and was a carman ; and on the 12th January
last he was wa'king across St. John-street, Clerk-
enwell, along which street one of the defendant's
horses was trotting at the rate of four or five miles
an hour. The horse struck the plaintiff and
knocked, him down. He was taken home, where
he remained for some time, and ultimately died on
the 2d of February. The plaintiff had been put to
certain expenses in burying the deceased, for
doctor's attendanc', &c. Application had been
made to the defendant for some compensation, but
she had not received any, and the present action
was brought.
Several witnesses were called to make out the
plaintiff's case, but none were called for the de-
fendant.

Mr. Hawkins, however, addressed the jury, and
contended that the accident bad not happened by
the negligence of the defendant's servant ; and if
the deceased had used due and ordinary care the
accident would not have happened.
The jury found a verdict for the plaintiff—Dam-
ages, 50/.

WESTMINSTER COUNTY COURT.
(Before F. Bayley, Esq.)
OLLIVIER V. THE EARL OF KINGSTON.

This was a judgment summons against defendant)
the Earl of Kingston, residing at No. 35 E, Park-
s'reet, Grosvenor-square, obtained by the plaintiff,
music publisher, New Bond-ktreet, to show cause
why his lordship had not obeyed the order of the
Court by paying in thereto, for plaintiff's use, the
sum of 101. 4A. On the hearing of the case in the
first instance his lordship, who was not present, it
was stated, had incurred the debt by the hire of
a pianoforte, and judgment going by default, an
order for immediate payment, with costs, was made,
and which order, not being complied with, the pre-
sent proceeding was adopted.
The defendant, cn being called on in the usual
form three times, and not answering,
The Judge observed—Then his lordship is com-
mitted for ten days.