Star.
London, England, 1805-06-10 00:00:00

W. IMTTOMLEY V. THE REV. DR. H. C. GLASER.
_ _ _

The Plaintiff is a carpenter and builder at Ealing.
• Mr. ERSKINI faid, the Gentlemen in that neigh-
bcurhood, wilhing to have an alfembly room, form-
ed a Committee, in which the Defendant was an
aftive member, and this Gentleman thought fit to
give orders to the Plaintiff to erea a room of enter-
tainment for the fum of 6001. It was to be adjoin-
ing the Old Hat•, a place of public refort well known
to every one of the Jury. The Learned Connfel then
produced an account of the expences under the agree-
ment, and of the extra charges, and alfo the contract
itfell.

Mr. GARIOW, on the part of the Defendant, took
a legal objeCtion to the form of the attinn, which, he
faid, would Alt have occurred, if his rearited Friend.
Mr. BALDWI*, who was one of the committee, had
been in the flotation of the Plaintiff. This was a cove•
nant under feat, and the anion ought to have been
bought upon the covenant.-Plaint/ nofffidied

BAILEY V. LEVY, WILSON, AND orHsar..

This was an thion againit the Defendants, who
are the proprietors of the Manchefter stage coach, to
recover a compenfation for a grievous injury Wain•
cd by the Plaintiff, from the negligence and Mat•
tention of their fervant, the man who drove the coach.

Mr. GAP-ROW (tared the cafe to the Jury with Feat
feeling. He laid the Plaintiff was a man with a
family of nine children, and by the neglivice of a
coachman, his life had nearly been fact-irked, and
his children deprived of fuppOrt and protection. He
then entered into the particulars of the Plaintiff's
cafe, which will be bet colleted from the evidence.

Mr. Woodcock faid, he refided at Blingtnn, and
was returning to tnwn from Manche(ler on the night
the accident happened. He we, an infide paffenger,
and the plaintiff wagon the ontfide with three others
and the coschmas. There were fix Wide. What
at Derby, he had obferved the coach to be extreme-
ly loaded at top with hampers, &T, nne of whieb,
belonged to Si, Francis Burdett, weighed one hun-
dred and an half. At Market Harborough they
changed the coachman, and he obferred that the
man who then took charge of the Rage was ex-
tremely repulfive in his behaviour; but he thought
it more the area of habituAl infolence than into:lca-

tion. Having proceeded on their journey, he had
occafion to complain of the frequent floppages, but
could get nothing but infolent replies. At laft he felt
the coach inclining very much on the left fide, and
prefently it overturned. He heard a dteadful fereana
at the moment, and when extricated, be foond the
plaintiff lying upon the ground, with his leg dread-
fully that tered. Before the paiengers got out of the
coach, the driver was to brutally inattentive, that he
cauted the coach to be dragged fevcral yards before
they were relieved from their &nations of danger.—
The plaintiff was carried to a neighbouring inn, and
furgical affiliance having been obtlined from North-
ampton, near the entrance of which the accident
happened, he went back to the fpot where the coach
turned over, and found that the wheels had traced
an embankment at leaft two feet above the level of
the road. There was room in the road for two or
three carriages.
A Mr. and Mrs. Holier, wbo were alto infide pain.
gets, gave a fimilar defcription of the coachman and
the accident, and added their firm belief of the coach-
man's being drunk.
Mr. Harding, a furgeon at Northampton, was cal-
led to the plaintiff on the 3 tft of Atiguft Taft. He
defcribed the injury as a very bad compound frey
lure, faid he had attended him twelve weeks, nine
of which he was in btd, and had been paid 471. for
his trouble.

Dr. Carr, a phyfician, alto attended the plaintiff,
and recovered fix guineas for his trouble. He found
him in a miferable Rate of bodily anguifh ; he was
by no means recovered at that Moment, and it would
be a long time, if ever, before he regained the ufe of
his limb._

A nude was examined, who defcribed the infer-
ings of the Plaintiff as the molt agonizing fhe ever
Caw a human bring endure ; fhe faid the Plaintiff
was brought to town in one of the Defendant's
Rages, and was obliged to pay his. fare. His ex-
peaces might be about tol.
Mr. Lynn, a furgeon, faid he had attended the
Plaintiff fence his arrival in town. There had beet►
three exfoliation' of bone, and he apprehended a
fourth. The wounds were not healed, and it might
be a long time before he recoverd the ufe of his limb.
Richatd Bailey defcribed the nature of his father's
bufinds. He collated orders, he faid, from country
manufacturers, and fupplied them with broad cloth
and lift from town. His Winds brought him is be-
tween 4 and sool. a year.
Mr. Glass, for the Defendants, faid they were wil-
ling to make the Plaintiff a fair and reafonable com-
penfation for the fufferings he had undergone, and
the loffes he might futtain. They knew their refpon-
fibility for the conduct of their servant, who for years
before had conducted himfelf with fobriety, integrity,
and attention to his paffengers.
Lord ELLEN Boßovc H faid the Plaintiff had a right
to a full compenfation for his bodily pain, the com-
forts of life lie had been deprived of, and the loffer
he had Curtained. The Defendants, however, had
conduCted themfclees properly, and he wilted no.
thing like viodiCtive damiges would be given.—Ver•
did for Plaintiff—Damages 6001.

The Haymarket Theatre opened on Saturday night
for the feafon, with Guilty, or Noe Guilty? and Lose
Laughs at Locifalith.r. The company has been eonfi•,
de rably arcogthened.