Star.
London, England, 1829-06-17 00:00:00

• 11t"°P";tYgw°7•Isist theme of

nesses, were these: ois Elecem4
her last, engeged an outside seat from London KV**.
pool.by the Sovereign coach. fOi the folloSng Morning.
at eight o'clock. Besides his fare, be paid 11. Ss in
addition for his luggage. He went to the office, in Lad
lane, nearly an hour before the time appointed. scam-
.panied by Mr. James Wason, his cousin. His luggage
consisted of.a trunk, a travelling bag, and s portman-
teau, in which were papers and other property of con•
-
sequence. The top ot the coach was laden with lug-
,gage. consisting chiefly of barrels of oysters, which
were piled one over another three tier high: Nor were
dial confined to the roof of the coach; but were
also heaped on the seat behind, facing the dickey.
The plaintiff's luggage, , therefore, was placed on
some iron bars along behind the dickey. with an
chain drawn across the portmanteao, which was up.
'permost, and which was indented by the chain—the,
plaintiff objected to have his luggage placed in that;
situation, which was both unsafe and injurious to it; for!
some time no attention was paid to his objection, until
be at length observed that Ina .knowo there was no
room for his baggage in same other situation, he would
rather not have gone until the nest day. Upon this his!
trunks were taken down,. and he was, told he might got
by the coach on the next dee. , This be refused to do.
and demanded the return of his fare. The book'keePet
would not return it, and the,coach'startetwithout him.
He after yards saw Mr. &pick, one etthe proprietors, on
the subject. stated to hips, wiw bad occurred, and in-)
sisted on his money being returned, as be was anxious
to reach home the following day (Christmas day).'
he would be expected by his family to dinner, and there•
fore he purposed going by one. if the evening coaches
'if he could. Mr. Smith told him the money could not
be returned. as it was entered in the way bill; and Mr.
Wsson Said in that cue he would travel post. He did
accordingly take a post chaise, and after travelling all
night, reached Liverpool the following evening. To
recover the expenses of this journey, about SOL the pre-
sent action was brought.
Several witnesses were called for the defendants, and
their statement of the circumstance was this—When
the plaintiff objected to his portmanteau being carried
behind, the guard told him they be (the guard) would
undertake to make good any Lou or damage it might
sustain. This did, not satisfy the plaintiff. who com-
plained of the manner in which the web was laden.—
One the passengers offered him. hie seat in front; bat
he refused to accept it, unless his luggage was also
placed io front. He was also offered a place inside.
which he likewise refused. After 4 Vat deal of alter-
eaton on the subject. the plaintiff ultimately came to
an agreement with the book-keeper to postpone his de-
parture until the following morning. and the coach then
started without him. Upon this part.of the case, how-.
ever. the book-keeper was directly contradicted by Mr.
Jas. Wason, besides which, it appeared that the plaintiff
was not booked for a seat for the following day. There
were also one or two discrepanciesin the statements of
some of the other witnesses for the defence, respecting
the • anner in which the chain was drawn *dross the
luggage.
The Learned Jame left it to the Jury to decide be-
tween the walicting testimony the witnesses en both
aides. they believed that the plaintiff had waved the
contract, and consented so wait until the next morning.
they would find for the defendants.; but if they were of
opinion that be bad merely uttered a llattY expression
of his preferring to go next day. merely to induce them
to take clouts his luggage. and did not afterwards agree
to go by the coach on the following day (and the pro.,
babilities of the case seemed to the Learned Judges*
be in favour of this view of it), then they would Sad
for the plaintiff. with damages to the amount of his post-
ing expenses, which nese getecally estimated at about
2s. per mile.
The Jury retired, and after an absence of about an
hoer and a half's duration. they returned a verdict for

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