The Sun.
London, England, 1826-06-26 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, Jutnt

STANTON AND KENNY V. PiNELOPIE AND CATHERINE MARIA

FANSIIA WE.

Mr. Serjeant ADAMS stated that this was an action brought to
recover the amount of a hill which had been incurred in conse-
quence of the negligence of the defendants' servant. The plaintiffs
were surgeons, carrying on business in partnership, and the defend-
ants were ladies of rank and fortune, residing in Berkeley-square.
So long ago as the 81st of March, 1824, the accident which had
given rise to the present action occurred, , On the evening of
that day the defendants were in their carriage, returning from a
visit to their relative, Sir B. Martin, in Somerset House, when
their coachman drove their horses.with such speed, and with so
much negligence, through the gateway of that place, that he
drove over and seriously injured two females named Robertson
awl Purvis. The defendants were immediately informed of the
accident, and manifested, as might have been expected, the
greatest sorrow for what had occurred ; one of the females had
had her leg broken, awl the other her spine injured. The un,
fortunate persons were taken to the plaintiff's house, and the de-i
fendants desired Mr. Stanton to afford them every assistance, and
promised to recompense him for his attendance. That gentle-
man accordingly attended Mm. Robertson and Mrs. Purvis, from
the time of the accident to the 20th August, 1824, and for that
attendance, as well as for the medicines furnished, he and his
partner now claimed a sum of 471. As the defendants, for reasons
best known to themselves, had refused to satisfy this claim, the
plaintiffs had been compelled to come into tourt, and to ask from.
a Jury that which no reasonable person could suppose to be other
than a moderate demand, when the nature of the injuries, and
the time consumed in curing them, were prbiterly considered.—
The Learned Sergeant called a Mr. Gordon, who saw the acci-
dent,' and who swore to having afterwards seen one of the de-
fendants hand her card out of the carriage to Mr. Stanton, and
hearing Lei. at the same time say, that she would see hint recom-
pensed for his trouble.

Mr. Reynolds, who, at the time in question, was an apprentice
to Mr—Stanton, proved the attendance and the medicines fur-
nished.--Mrs. Purvis, proved the injury she had received, and
said, that the Mines Faushawe called on her during her illness,
and told her that they had desired Mr. Stanton to .pay her
every attention, and they would pay the expenses. She added,
that in fact they had paid the expenses she had incurred. On her
cross-examination she stated, that she bad received 50/. from the
defendants as a compensation for the injury she had received. This
was after!le had brought au action against them.

Mr. Watson said, he had received asum of 761. from the Misses
Fansh‘e. Of that suns 60/. was paid as a compensation to Mrs.
Put:vis, and the rest for costs and the surieon'S bill. _ _ _

Mrs. Anne Neale, at whose house Mrs. Robertson lodged,
swore, that once, when the Misses Fanshawe came there, they
promised to pay the doctor's bill.
Mr. Seijeant Searmix, for the defendants, said, that in point
of law the defendants were not liable for any of the expellees that
bad been incurred, as the injury which these persons lad sustain-
ed was purely accidental. What the defendants bad done, was
merely out of a motive of humanity; and not only had they con-
sented to afford to each of the two injured persons ample compen-
sation, but they had also, in fact, paid all the expences that had
been incurred. fie should prove these facts, and beyond these,
that Mr. Stanton had himself declared, that be did not hold the
Misses Fanshawe responsible ; and having clone so, the defendants
would be entitled to a verdict.

Mr: %amen', the defendant's attorney, proved that actions
had been brought against the defendants, both by Mrs. Purvis
and by Mrs., Robinson ; that the former was settled, on the pay-
ment of 761. as already described ; and the other on payment of
2001. When he made the calculations on which these settlements
Were effected, he certainly did include in his mind the amount
of the doctor's bill. Ile did so, because the defendants intended
to recompence both these pereoni for all the expense and incon-
venience they had incurred in consequence of the accident.
The attorney who had conducted Mrs. Robertson's action, proved
the receipt, of the 2001. which be had paid over to his client. Mr.
Stanton, requested to have notice when the money was paid to Mrs,
Robertson, in order that be might come and receive his bill.
Notice was accordingly given, and Mr. Stanton called on Mrs.
Robertson, who complained that his bill was exorbitant, end
offered bim a sum, which he refused to take. This witness was
asked, on cross-examination, whether he had not offered to hring
an action for Mr, Stanton, against the Misses ranshaws?—to
which he immediately replied in the negative ; and added, that
when the compromise was effected between those ladies and' ma
client, he had asked Mr. Broughain and another gentleman,
whom he had retained, whether such an action would lie, and they
both told him it would not.
The Loan Carte JusTrcx.,—And no man in his senses could
entertain a different opinion. Let the plaintiffs be called.
The plaintiffs were accordingly nonsuited.

UNIVERSITY INTELLIGENCE.

OXFORD, Jusi 24.

On Monday last the nomination of the Rev. Robert Bateman
Paul, M.A. and Fellow of Exeter college, to he one of the Public
Examiners in Literiß Huntanioribus, was unanimously approved
in Convocation.

Mr. Henry Vaughan has been elected a Scholar of Worcester
College, on the foundation of Mr& Eaton, end Mr. John Evans
has been nominated a Scholar of the same Society, on the foun-
dation of Dr. Finney.
Thursdiiy last the following degrees were emiferrid:.—
BACHIII.Oe. IN DM NITY.--REV. D. Lewis, Magdalen hall.

Mmeritrts OF Aars.—Rev. C. Buck, St. Edmund hall, and the
Rev. W.,111. Cartwright, Trinity.
BA(:11TI.gR or. A ATS. 7—John Godfrey, Brasenose.
' On Friday the following degree was conferred:—
DOCTOR IN DiiiNrer.—flev.•DaVid Lewis, Magdalen ball.
On °Thursday Mr. T. Pearson was elected an Exhibitioner on
Mr. Michel's foundation in Queen's College.
Sunday the Right Reverend the Lord 'Bishop of Gloucester held
an Ordination at the Cathedral, when the followning gentlemen
of this University were ordained
Dracoss.----H. W. Hickes, A.B. Pembroke college, and J. Col-
borne, A.B. Wadluun college.
Pnittrs.—J. P. Hone, A.A. University coll.—C. L, Stephens,
A.B. St, Mary hall—M. Watkins, A. 13. Jesus coll.—H. Hodg_
eon, A. 13. Magdalen collage.