Star. — 1822-04-06 (London, England)

COMPANY. This was an action on the case to recover a compensation 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, Lambeth, 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 defendants' 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 circumstances 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 employing 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 driving 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 September 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 fractured. 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 accident, 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 manslaughter ; 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 deceased 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.