APPENDIX TO CHRONICLE. 257 



in contact with the thigh and hip 

 of the plaintiff, by which the 

 former was broken, and the latter 

 dislocated. At this moment it 

 fortunately happened that the 

 carriage of Mr. Goldsmid was 

 passing, and a person of the name 

 of Fox, a baker, and some pas- 

 sengers, assisted the plaintifl" into 

 it, and he was conveyed home, 

 where he was attended for six 

 weeks by Mr. A. Cooper, and 

 afterwards by two other surgeons: 

 at first it was only by means of 

 strong opiates that the plaintiff 

 could obtain any sleep, and after 

 the hip-bone had been restored 

 to the socket, and the fractured 

 limb set, he could only move for 

 some time by means of crutches, 

 and at this moment was not able 

 to relinquish them entirely ; it 

 was clear that the plaintiff never 

 would recover the calamity en- 

 tirely, for one leg was materially 

 shorter than the other, and from 

 a remarkably fine healthy man, 

 he was reduced now to the help- 

 less condition of a cripple. 



The above case being estab- 

 lished by evidence, Mr. Topping 

 addressed the jury for the de- 

 fendants : he expressed the great 

 regret of his clients that the 

 accident had occurred, but he 

 argued that, however severe 

 might be the injury the plaintiff 

 had sustained, they could not be 

 liable in damages, unless it ap- 

 peared that the driver had been 

 guilty of culpable negligence. 



He then called Mr. James 

 Dubois, a merchant, and a Mr. 

 Stokes, both of whom were on 

 the coach at the time of the 

 accident (the latter having had 

 his arm broken J, who were of 

 opinion that Ball, the driver, was 



Vol. LX. 



not to blame, inasmuch as in 

 turning he had made as wide a 

 circuit as was possible under the 

 circumstances. Mr. Stokes said, 

 that he had not contemplated any 

 action, and when the defendants 

 proposed to pay the expenses he 

 had incurred in cons( quence of 

 the fracture of his arm, he had 

 refused. 



A surgeon who had been called 

 in, and an attorney of the name 

 of Croorae, spoke to conversa- 

 tions with the plaintiff, in which 

 he had acquitted the coachman 

 of all negligence or misconduct. 

 Some of the defendants' witnesses 

 seemed to intimate, that the acci- 

 dent was partly to be attributed 

 to the unwieldy weight of the 

 plaintiff, but 



Lord Ellenborough said, that 

 it was the duty of the proprietors 

 of stages to take care that their 

 servants did not receive passen- 

 gers whose ponderousness might 

 endanger the lives of all the other 

 persons in the coach. His lord- 

 ship was clearly of opinion that 

 the defendants were liable, as the 

 coachman, independently of the 

 question regarding his mode of 

 turning, had been negligent in 

 omitting to take up two passen- 

 gers : had he not neglected this 

 part of his duty, the driver would 

 only have had to proceed directly 

 to London. The case was not 

 one of aggravation on either side, 

 and his Lordship recommended 

 that moderate damages should 

 be given.< — The jury gave a ver- 

 dict for the plaintifl', 50/. 



SCOTLAND, MARCH. 



High Court of Justiciary. — 

 On Wednesday the Court pro- 

 ceeded to the trial of i\\<i Rever- 



S end 



