The Sun.
London, England, 1850-08-17 00:00:00

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4"t`t-r* 9 A UGUST 17, 1850.

ASSIZE INTELLIGENCE.

lIO,IIE ClRCUlT.—Guildford, Aug. 16.
(Before the LORD CurEr BAROSI and Special Juries.)
NALDER V. TIIE LONDON AND SOUTII•COAST RAILWAY

C O.ISIFANY .

This was an action brought to recover compensa-
tion for injuries receivedlby the plaintiff, through the
alleged negligence of the servants of the defendants.
Mr. M. Chambers, -Q.C.' and Mr. Bovill were for
the plaintiff; and Sergeant Channeil and kr: Bram-
well were for the company.
This trial commenced on Thursday afternoon , and
after one witness had been examined for the defence,
the cauie was postponed until this morning. The
circumstances under which the action was brought
are these : .

The plaintiff, who is a respectable gentleman,
living at Croydon, where he has the management of
a brewery, started on the Ist of March by the
qusrter past six F.M. Croydon train from the terminus
at London in a second-class carriage. The train
proceeded safely on its journey until it arrived at the
place where the West Croydon station diverges from
the main liue, and at this spot the accident happened.
It appeared that the engine and tender, and one or
two of the carriages passed across the main rails to-
wards Brighton, and then, from some cause which
did not transpire, the remainder of the train
turned on to the Croydon line, the result of which
was that the train was severed, and the carriage in
which the plaintiff was riding was turned completely
over. The train being stopped, immediate assistance
was rendered by Mr. James Drummond, a solicitor,
of Croydon, who was also a passenger, and several
other gentlemen, and the plaintiff was removed to
his own house, where it was ascertained that his
left collar-bone was Blokes, and the temporal artery
was also wounded, and he lost a large quantity of
blood; and besides these injuries it would appear that
his nervous system was also severely shaken by the
accident. There was no positive evidence as to the
precise means by which the accident had been occa-
sioned, but it was suggested that the machinery con-
nected with the points must have been in a defective
state, or else that the man who had charge of them
had not done his duty properly.
Sergeant CUANNELL, in addressing the jury for
the company, commenced by expressing on their be-
half the utmost regret that the unfortunate occurrence
should have taken place; but, at the same time, he
said, he was instructed that it was entirely the result
of some accidental circumstance over which they had
no control, and that, therefore, they were not liable
upon the present form of action. He remarked upon
the entire absence of any evidence of negligence, and
said he should call witnesses to show that the man
who was on duty at the place in question was an old,
steady servant, who had been stationed there for
several years; and he would likewise prove that at
the time the accident occurred the points were in
good order, and that, in reality, there was no ground
for charging the company with negligence.
Goodman, the man employed at the points on the
night in question, was then examined, and he deposed
that he had been at the same station for six years,
and that no accident had ever before occurred. He
also gave evidence that the machinery connected with
the points was in good order, and that he frequently
examined it in accordance with his instructions. He
admitted, however, on cross-examination, that when
the engine and tender went over the points he felt a
jerking at the handle, which satisfied him something
was wrong; but as it was dark he could not see that
the train was upon the wrong line. It also appeared
that the whole train might have been allowed to pass
on to the Brighton line, and then have been backed
to its proper direction without the accident happening
if the points had been kept in the same position they
were when the engine and tender passed over.
At the conclusion of this witness's examination the
case was adjourned to this morning, when
Sergeant CHANNELL intimated that he should not
call any more witnesses.
Mr. CHAMBERS replied.
The CHIEF BARON then summed up, and the jury
after a short deliberation returned a verdict for the
plaintiff—Damages, 3001.
•

that the present cause of complaint was nothing more
nor less than a job to render Smithfield more ob-
noxious in the eyes of the public.
The Chief Clerk here advised the Alderman that it
was an indictable offence fir any party to effect sales
of cattle on any thy but those set aside for the regu-
lar markets.

- Sir, P. LAURIE said it seemed that sales were occa-
sionally made without the knowledge or sanction of
the clerk of the market ; and therefore he hoped Mr.
Shank would be more vigilant fur the future, and if
he found any one infringing on the laws of the mar-
ket a summons would be granted, on application being
made at this court, against any one so offending, and
the party would be brought up and punished. •
Mr. Charles Pearson, the city solicitor, who had
been sent for, having arrived,
Sir P. LAURIE informed him that a complaint had
been made. against Mr. Shank fur neglect of duty in
allowing 300 sheep to be sold in the market on Wed-
nesday, which were then put away by the purchasers
until the following market day, when they wore
brought out and passed through the form of being
resold.

Mr. Pearson said he had not the slightest hesita-
tion in saying at once that such was an offence agelust
the law, and that all cattle found exposed for sale in
the market, on any but a market day, were liable to
be removed to the green-yard by the acting authori-
ties of the market.

Sir PETER LAURIE raid he hoped Mr. Shank would
put a stop to the practice that some few had endea-
voured to establish, and not let another attempt be
made without taking immediate cognizance of it. He
w,!s glad to see that Sergeant White had acted so
diligently in his capacity as constable, and he could
only say that he had done his duty in a very praise-
worthy manner.
Mr. Shank having promised that no further cause
for complaint on that head should arise, the matter
was then allowed to drop.