Star.
London, England, 1829-03-13 00:00:00

' •
•

ASE INTELLIGENCE.

HOME ClRCUlT.—Cesummaa, Mama 12.
CIVIL Sloss—airfare Mr. Baron GAILOW.
TH011000i•D e. ADI.AM.
This was an action to recover compensation in cla-
mors for the Injury suffered by the plaintiff in cense.
qoence of the defendant driving a coach against a horse,
the property of the 'turner.
The plaintiff's case was conducted by Mr. GURNEE
ilia Mr. THISSIGIIR ; the defendant s by Mr. Sergeant
ANDREWS and Mr. BEODEICIC.
The plaintiff is the proprietor of the new Colchester
coach, and the defendant is the driver of the Defiance
Colchester coach, which belongs to Mrs. Nelson. In the
math of December, 1827, both coaches were going
towards London, when they came up with a Southend
coach and a gig. At this, time, according to the
account given by the plaintiff's witnesses, Riven, the
driver of the plaintiff's coach, was going at the rate of
five or six miles an hoer, and the defendant- was driving
at a •furious rate. Jost at the point where all• the
vehicles came np abreast the road was unusually
narrow. The defendant was, however, determined
to pass, and he drove at the same pace between the
Southend coach and the plaintiff's coach. In doing
this, the 'near roller bolt of the defendant's coach
struck the thigh of the plaintiff's off leader, and in.
fiscted a wound of six inches kr length. The conse-
quence was, that the assistance of a farrier became ne-
ceWaty, and the animal remained under his bands three
weeks, and was unable to work for three months. Thei
bill for this attendance amounted to somewhat mote
than 21.
A witness called by the plaintiff proved that the horse
Was deteriorated no less than 101.4 n value.
On the part of the defendant a number of witnesses
were Called, who-swore that the aceidesit bad arisen
from the plaintiff's coachman endeavouring to pass the
Southend coach at a violent rate.
Tne Jury found a verdict for the plaintiff—Damages,
101. Costs, 40s.

WESTERN C4RCUlT—Maaen it.
Before Mr. Justice Oasatsc.
itValtaTT V. DUBOROUGH AND OTHZEIS.
ilfr. SeigeantWitna (with whom was Mr. C. F.Wer.-
Maus), stated the case. This was an action brought
upon a policy of insurance to recover a sum of 1,0001.
• The plaintiff bad purchased a lease of certain property
tbr three lives, one of which was the; of a Mr. J. House,
then residing at Warminster. Mr. Lye, agent to the
Ades Insurance office, applied to the plaintiff, in the
course of business, to know if he had any policies to
qffect, and was tuld that he hid two for 500 Leach. Mr.
Lye objected to one as being a bad life, but consented
to undertake the other for 1,0001. which was on the life
of Mr. J. House, above mentioned; this gentleman was
then only 44 years of age, of robust health, having never
taken any medicine in his life, except, as he 'aid, some
quack pills made by a Dr.illarrey—(A laugh). When
Mr. Lye applied to the plaintiff for instructions, be told
• him he knew nothing of Mr. House, and authorised hint
to make the necessary inquiries, and to see that all was
sight. Mr. Lye did so, and told the plaintiff that he
Was perfectly satisfied. The policy was accordingly
made out, and the premiuu paid by the plaintiff
It was tree that Ur. House was subject to occa-
sional fits of drinking while at Bath ; but as soon
is he leit them off, and went to reside with Ms friends
at Warminster, he became as strong and healthy a man
as could be seen; anJ hi, habits were perfectly regular.
He, however, unfor innately died in June 1828, about
six seeks after the policy was effected. The question
for the Jury would be, if be was afflicted. with any dis-
order likely to-shorten life at the time the policy was
made out ? After the death of Mr. House, the Atlas
Insurance Office refused to pay the amount insured ;
but if such offices were to act in this way, the public
ought to be on there guard how they effected policies
with them, as there would be no advantage, but a loss
to be gained. He was confident that the Joey, on hear-
ing the evidence, Would give a verdict in favour of his
client.
Mr. Lye, an agent to the Atlas Insurance Office, and
two respectable surgeons, residing at Warminster, con-
firmed the Learned Sergeant's statement ; the former at
to the nature of the transaction, and the latter respecting
die perfect health of Mr. House, and his temperate
habits during the periods he resided at the above place.
In cross-examination, the surgeon admitted that if
they had known the deceased was addicted to habitual
drinking, and had been applied to by an Assurance
Office, they would have communicated the fact.
Mr. Sergeant MEREWITHEIt addressed the Jury for
the defendants. They as yet had seen only one side of
the case, and were no; aware of the legal ground upon
which the defendants had grounded their resistance to
the present claim. The Learned Sergeant had made a
most unjustifiable attack upon the Atlas Office; but the
Directors had no view but the general interests of the
bu kof the insured. It was n' t true that Mr. House
had been always residing et Warminster. The fact was,
that he lived principally at Bath, and that his life was
not insurable, as he was an habitual drunkard, and,
What was more eltianrdinary, his propensity was for
secret iot ixication. This tact had been kept back, and
when he was alplied to, instead of referring to his regular
medical attendant,he sent M r. Lye to surgeons who knew
▪ thing of his habits. According to the law of in-
storancectli e strictest instructions should have be- n given,
as was settled in the case Vaaliodor v. Desborough, in
the C. urt of King's Bench. In that case the p hey was
vpided, because mates ial info, matron s as kept back.
gross attack had been made upon Dr. Harvey, who was
a medical Gentleman of great practice and celebrity
at Bath, and he had been denominated a quack; but
his evidence would show that no man in his senses would
here insured such a life as Mr. House's. Other persons
would be called to prove the same facts ; and he telt
Confident the Jury would have no hesitation in imam
iUg a verdict for the defendants.
-Dr. Harvey examined—l am a surgeon, physician.,
and apothecary at Bath. and have been six years
• ysician by regular diploma; my practice is extensive.
have known Mr. House, and hate attended him con-
stantly fur ten years; fur the first five or six years I
attended him for bilious attacks; foe the last tour years
1 have been called in as often as twenty or thirty times
in a year, and his illness on those occasions arose from
drunkenness, and nothing else. lam sorry, as hia
skims and friend, to be obliged to state that he used to
be drunk for four weeks, nights and days successively,
during tibia he used to drink brandy, rum, gin, 0 and,
d—n it, every thing" (added the witness, lifting up his

arm).
Mt. Justice GASICLED told the witness that be ought
to recollect what he was, before he espiessed biurself in
so ladecorous a manner.
Mr. Seigel's; Maaawarraiza Rode anapologyipr the
whom. and said his gnawer was unintentional.
Mr. Justice Gsamet—The less that is said about it
the better.
Witiess—Witen I visited, the thiesssa oit ;base occa-
sions, I found the vessels replete, and used to,bleied bins
and continue attendance for three days. I can say that