The Express. — 1861-08-09 (London, England)

KOMI( V. TIM RAILWAY PABSVICCEN ASBCNANCI COMPANY.  Sir F. Slade, Q.C., and Tdr. Sboin , were for the plaintiff ; XL Carslake, Q.C., and Mr. Cole, for the defendants. This was an action upon • policy of 1,0001., effected by the husband of the plaintiff, who sued as administratrix. The defendants pleaded that the deceased John Hutson did not die by accident, but by his having exposed himself to unnecessary peril. There waa also an aliegetion that he committed suicide.  The facts of the ease, which in the main were not dieLatwere these: The plaintiff's husband,• stout, healthy, ee t farmer, of 54, of floe muscular development, and unusually healthy, took his bone one afternoon in March last, and rode over to his brother's farmhouse, where, following the custom of the country (though a custom not pecalkar to Somerset), the cider cup was passed round, and pipes eese.were smoked until 9 at night, when he started off At a beerhouse on the read he pulled up and had eons ale ; and when left again the night was unusually dark sad boisterous. Passing the turning that led down to his own house, the deceased was found sitting on his horse, apparently asleep, at a turning that led to his brother-inlay& The man who last saw him alive asked him if be was to his brother-in-law's, and doomed said he sMli ad mind, and went some distance along the road ; beit, garaging his mind, he retraced his road, and was left with his horse's head turned towards home. After going 100 yards in the right direction he meet have turned round, for between four and Eve is the morning he was heard calling in distress at a place some three miles distance. A farmer who had been aroused went out with a light and pick, sad after KIM delay arising from thelight being blown out, he hosing lop the body of deceased from a small stream which bad a law feet of water and mud in it There were marts ilosom Est the banks testifying to the efforts of the dsrssmi teout. The mud and water barely reached to ids goiddk hoappeared to have struggled on to •deeper pot, mil them .to have fallen on his face in the 1114 and so to have oome to his death by Buffoesdiea ne *Mid did not profess to show bow the ilieensedl ewe gm far from his home, bat it was weseedel that be had gose to sleep on his hone. For **defendants it was contended that his movements an the night in question, and, indeed, the fatal occurrence Itself, 1/111, only consistent with intoxication ; and accord. Mg to the terms of the policy in that case the employ were not liable. Every witness, however, who was called fordictsesialatil stated very clearly and confidently that the wow sober • and the surgeon who had pseformed the poet modem e;amination stated that the ovule of the body were remarkably healthy, and gave no Maisano. whatever of intoxication.  Mr. iFiiriti.i;radr;;Td the jury for the company, calling attention to the very low rate of premium which implied eoeeial conditions. One of these wee that the assured should not make the company liable by any wilful act of bb own, nor should the company be liable if death occurred whilst the assured was in a state of intoxication. The learned counsel contended that the extraordinary cit.. cumstances convected with the death of deceased were only reooncileable with drunkenness. Two witnesses were called to prove that two of the witnesses for the plantiff who bad deposed to the deceased's sobriety had told them the day after the accident that Hutson was drunk. Ooe of these, however, a respectable-looking surgeon, named Chadwick, admitted that he was drunk on the night in question, and bad been drunk since. Counsel having addressed the jury very ably, the learned juke summed up. and the jury returned • verdict for the plaintiff for 1,0001., the amount claimed.