The Sun.
London, England, 1850-11-16 00:00:00

LAW INTELLIGENCE
C0(71:7' OF C 031,1102.1.7 PLEAS, Nov. 15.
(Sittings a'; Nisi Prius, before Mr. Justice CRESS-
WELL and Common Juries.)
FOSTER V. VARNEY.
This was an action of trespass for assaulting and
kicking the plaintiff and breaking his leg. The de-
fendant pleaded " Not guilty," and also that the
plaintiff first assaulted him, and that he committed
the alleged injuries in his own defence.
Mr. Parry and Mr. Miller appeared for the plain-
tiff, and Mr. Humfrey, Q.C., and Mr. Phinn for the
defence.
It appeared in evidence that the plaintiff, who is a
person in a humble rank of life, had for some time uP
to the 16th of March last been in the employ of a
Mr. Starkie, a dust contractor, and had been in re-
ceipt of 15s. per week, and had also a house and
firing allowed him by his employer. On that day
the plaintiff with a friend of his went into a tavern in
the Bagnigge-wells-road for the purpose of taking
some refreshment, where they encountered the de-
fendant, who was intoxicated and very quarrelsome.
Some words having arisen about a certain bargain
which had taken place between defendant and
Mr. Starkie, the plaintiff's master, in which
the defendant considered himself ill-treated,
the defendant became very violent, and re-
peatedly challenged plaintiff to wrestle and fight.
This the plaintiff declined, until at length the de-
fendant struck him violently on the head, closed with
him, and seizing him by the collar, gave him a vio-
lent kick on the leg just above the ankle. The plain-
tiff fell to the ground, exclaiming that his leg was
broken, which proved to be the case. He was taken
to the hospital, where he remained for some time.
Soon after his dismissal from the hospital, and before
the bones of his leg had had time to unite properly,
he slipped down accidentally, the result of which was
that his leg was again broken in the same place. He
had in consequence of his misfortunes been out of
work, and had been reduced to a state of much distress.
For the defence several witnesses were called to
prove that the plaintiff' and defendant were sparring
and wrestling together in a friendly manner, and that
the accident was as much the result of the plaintiff's
conduct as the defendant's. Some of the ,witnesses
called on the part of the defendant, however, gave
evidence rather in favour of the plaintiff, and the tes-
timony of some of the others appeared somewhat open
to suspicion.
The jury gave a verdict for the plaintiff, with 501.
damages.

EXCHEQUER CHAMBER, Nov. 15.
(Sittings at Nisi Prins, before Mr. Baron MARTIN and a

. . _
Common Jury.)
LONGMEID AND WIFE V. HALLLDAY.
This aetion was brought to recover compensation in
damages for injuries sustained by the wife of the plain-
tiff in consequence of the imperfect manufacture of one
of the defendant's lamps, whereby she was seriously
burnt. _ _

Mr. Miller and Mr. Miller, jun., appeared for the
plaintiffs, and Mr. Watson and Mr. Webster conducted
the defendant's case.

The pliiintiff is a journeyman tailor, working at
Messrs. Stuhe's, and his wife kept a coffee-shop in Fox-
court, Gray's Inn-lane. The defendant, who carries on
an extensive business at Manchester, Huddersfield, Shef-
field, and Bradford, and also keeps a shop on Hol-
born-bill, it appears sold to the plaintiffs one of
his patent self-generating lamps for the consump-
tion of mineral spirits, naptha for instance, which
produce a very brilliant light, superior even to gas it-
self. On the 17th of March, some time after the pur-
chase, while his wife was in the act of suspending the
lamp, the solder of the main tube gave way, and the
lighted spirit contained within it ran down her arm,
and ignited her clothes. Her arms and other parts of
her body were so severely burnt that it was deemed ad-
visable to take her to the hospital, and some days
elapsed before she was considered entirely out of
danger. On the part of the plaintiff it was alleged that
the unfortunate occurrence did not arise from any ne-
glect or want of proper attention on the part of his
wife, but took place owing to the improper and careless
manner in which the article was manufactured. On
these points the Learned Counsel for the plaintiffs sub-
mitted that the defendant was clearly responsible for the
accident, and that the jury ought to award damages
commensurate to the injury inflicted.
Mr. Joseph Baynes, the medical man who attended
Mrs. Longmeid after the accident, said he found the
whole arm burnt, and also the breast, but not so se-
verely. The inflammation;extended very rapidly, and she
suffered excruciating pain.
.She was in considerable
danger for many days. The muscle of her arm was now
contracted, and she had not the free use of her fingers.
Mr. Mason, surgeon at St. Bartholomew's Hospital, de-
posed that Mrs. Longmeid was an inmate of that esta-
blishment for six weeks, and remained an out-patient for
some months afterwards. Her life was in danger for
several days after admission. The fingers and muscles
of the arm were permanently contracted.
Several other witnesses were called to prove the pur-
chase at the defendant's shop of the lamp, and that it had
been imperfectly made.
Mr. WATSON submitted, on the part of. the defendant,
that when the lamp was purebased no warranty, either
expressly or impliedly, was given that it was free from
danger. It appeared that the defendant was in the
habit of issuieg bills to customers and to the public, in-
timating that the lamp was unattended with danger, but
it had not been proved that one of these had been given
to Mrs. Lougneeid. Eveu if it had, he contended that
the bill would not constitute a good contract as to the
safety of the lamp. The Learned Counsel also took
another objec:ion of rather novel chat aster. The action
was brought jointly by the plsintiff and his wife, and
he contended that, as ,he wile was not one of the con-
tracting parties, if there was any contract at all at the
purchase she could not join her husband in an action to
recover damages for grievances sustain,:d by her.
Mr. Baron MARTIN said he would allow Mr. Watson
to move the Court above for leave to enter a nonsuit.

Mr. WATSON having addressed the jury,
Mr. Baron MARTIN told the jury, in the course of an
admirable summing up, that he was of opinion the plain-
tiffs were entitled to a verdict it they thought the lamp
was of a defective construction.

The jury found for the plaintiffs—Damages, 201.
The trial occupied the whole day.

COURT OF BANKRUPTCY, Nov. 15.
(Before Mr. Commissioner EvaNs.)
IN THE MATTER OF CAPTAIN WARNER.

There was a meeting for the choice of assignees
under the petition issued against Captain Samuel A.
Warner, of Southampton-street, Strand, projectile
manufacturer.

Mr. John Robins, of Tooley-str6et, printer, was
chosen assignee.
The amount of debts proved was insignificant.
It is said the whole of the bankrupt's liabilities
amount to 16,0001. There are at present no divisible
assets ; those in expectancy consist of claims upon
tha British and Portuguese Governments.
Mr. Lawrence was solicitor for the bankrupt.
(Before Mr. Commissioner FosnLiNQUE.)
IN THE EINKRIIFTCY OF WILLIAM ELLIOTT.
The bankrupt was a baker at Islington. His cer-
tificate was suspended for twelve months some time
back. This was a dividend meeting.
Mr. HILLEART, as solicitor for the assignees, made
the following statement :—That the bankrupt had,
since the suspension of his baukruptcy, paid away
2001. to 3001. to creditors.

The bankrupt alleged that this money was entirely
the result of his own earnings ; and
Mr. HILLEARY contended that, as the bankrupt
was uncertificated, such payment to those creditors
must go in diminution of their dividends.

The matter stands over.
(Before Mr. Commissioner EvANs.)
IN THE BANKRUPTCY OF B. 0. GWALTER.

The bankrupt was a baker and horse-dealer at East
Ham. This was a meeting for the choice of assignees.
Messrs. Hilleary are solicitors to the assignees.
Mr. HILLEARY stated that the bankrupt had, pre-
viously to the bankruptcy, offered to his creditors ss.
in the pound. The creditors, believing he could.untra
a better offer, refused, and put him in the Gazette.
Subsequently to the filing of the petition, property
belonging to Gwalter, to the amount of 2061., was
found concealed in a house near the London Hospital.
It was also found that the bankrupt had assigned a
valuable lease to his father in-law, on the eve of bank-
ruptcy, which the latter had been induced to give up.
Messrs. Pond and Cooper, of Mark-lane, were
chosen assignees.
(Before Mr. Commissioner GOULBITEN.)

THE BANKRUPTI OF THE REIGATE AND DORKING

BANK.

•IN RE NASH AND NEALE.

This was a meeting for the proof of debts. The
Court was occupied dosing a great part of the day in
hearing a claim against the estate for 1,2001., pre-
ferred by Mr. Lewin on behalf of Mr. Clutton, under
the following circumstances :
The bank closed at the usual hour on Saturday
evening, the 22d of June last. At half-past eight
o'clock on the evening of that day Messrs. Clutton
sent by their messenger upwards of 1,1001. to be de-
posited in the bank, of which they were customers.
The money was handed by the messenger to a Mr.
Johnson, the manager of the bank, who gave the
bearer a receipt for it. The receipt, though given on
the evening of the 22d, was dated the 24th. The
bank never again opened, and one of the partners,
Joseph Nash, about the very same period at which
the money was so delivered, signed a declaration of
insolvency, which he put into the hands of hiq own
solicitor. The question at issue was, whether Messrs.
Clutton should not be paid back the whole sum, or be
merely permitted to prove in common with all the
other creditors.

Mr. Bagley appeared as counsel, and Messrs.
Lawrance and Plews as solicitors, for tl-e ofEcill as-
signee.
It was contended by Mr. LEWIN, upon several
grounds, that the whole sum ought to be returned.
Mr. BAGLEY argued that the Messrs. Clutton were
only entitled to prove as ordinary creditors.
Judgment postponed.

SYMPTOMS OF WlNTER.—Yesterday several cart-
loads of ice, nearly half an inch in thickness, were delivered
at the shop of a fishmonger in Bond-street. A crowd of
persons assembled to witness what was regarded as the first
delivery of ice this season.