Star.
London, England, 1822-04-06 00:00:00


. '

KMOSTON, .
XII= v. THZ "MTH Losnottlrasmiltosits
COMPANY.
This was an action on the case to recover a com-
pensation for an injury sustained by the plaintiff, in
consequence of the negligence of the defendants. The
declaration stated, that the plaintiff was the driver of
the Godalming stage-coach, and was driviug the same
in a public highway, In the parish of St. Mary, Lam-
beth, and that the defendants, by their servants, had
excavated a part of such highway for the purpose of
water-works of the Company, and that it was the de-
fendants' duty to guard such excavations, so that the
Public might safely travel along the said read with
their carriages; but that the defendants, neglecting
their duty, so improperly filled up such excavations,
that the road became insecure and dangerous, and,
in consequence, on the 15th of June, 1820, the wheels
of the coach which the plaintiff drove sunk into such
excavations, and thereby the plaintiff was thrown
from the coach, and had one of his thighs broken.—
The damages were laid at £lOOO. The defendants
pleaded Not Guilty.
The cause of the accident was clearly proved to
have arisen from the carelessness of the defendants'
servants, in not taking precaution to fill up with
hard materials the excavation which had been made;
whereby the misfortune happened.
Mr. GURNEY addressed the Jury in mitigation of
damages, and admitted that the plaintiff was entitled
to a verdict, but contended that, under the circum-
stances of the case, no claim had been made out to
anything more than moderate damages.
Mr. Baron GRAHAM charged the Jury, that the de
fendants were responsible for all the consequences of.
their servants' misconduct. It was their duty to guard
'the Public against misfortunes of this kind, and if
they were guilty of any negligence in this respect,
they must be answerable for their want of care in em-
ploying skilful servants, who might be trusted in the
performance of their duty. The plaintiff, who had
suffered severely, was entitled to a liberal, but at the
same time a temperate compensation for the grievous
injury he had sustained.
The Jury retired for about twenty minutes, and re-'
turned their verdict for the plaintiff—Damages £5OO.
John Dorey was indicted for the wilful murder of
James Harris, on the Bth of September last, by driv-
ing over him with a stage-coach.
Mr. Law, who was for the prosecution, abandoned
the charge of murder, and confined his case to that
of manslaughter.
It appeared in evidence, that the prisoner was the
driver of the Paris mail-coach, and on the Bth of Sep-
tember last, in the evening, was driving through
Lombard-street, at the rate of about eight miles an
hour. The Dover mail set off at the same time, and
both coaches were racing. The Dover mail drew
up at the corner of Lombard-street, and the Paris
mail being obliged to make a sweep round the former,
to get into Gracechurch-street, the deceased crossed
the way at the instant, from Fenchurch-street, and
was knocked down by the horses, when both his legs
got under the wheels of the carriage and were frac-
tured. He was taken to Guy's Hospital, where he
died in a few days afterwards of a mortification.


Mr. Cutworm and Mr. RYLAND conducted the
prisoner's case, and endeavoured to shew that the
death of the deceased was occasioned merely by ac-
cident, and not from any misconduct of the prisoner.
Several most respectable persons gave the prisoner
an excellent character for humanity, sobriety, and
skilful driving.
Mr. BaronWoots left it to the Jury to say, whether
the misforfune had occurred from mere accident, or
gross misconduct on the part of the prisoner. If the
latter, the prisoner ought to be found guilty of man-
slaughter ; but if the former, he was entitled to an
acquittal.--The Jury found the prisoner Not Guilty.
William Salmon was indicted for feloniously killing
and slaying John Roe, on the 6th of February, by
driving a cart against a ladder, on which the de-
ceased was standing, in the parish of Christchurch.
The Jury found the prisoner Guilty, and he was
sentenced to twelve months imprisonment in the
House of Correction.