HEAVY DAMAGES AGAINST A RAILWAY COMPANY.

North Otago Times, Volume XXVIII, Issue 2403, 21 January 1880, Page 2

HEAVY DAMAGES AGAINST A RAILWAY COMPANY.

Lord Coloridgo has tried an aotion brought by Dr Phillips, a West End physician, who was iv large practice, to rocovor damages from the London and South Western Railway Oompany for injuries sustained in a collision on their line in December, 1877. The cane was originally tried before Mr Justice Field in April last, and L7OOO damages obtained by the plaintiff. A rule for a new trial was afterwards granted by the Oourt of Quoen'a Bench on the ground that the damages were inadequate. At the first trial the company had denied their nogligenco, but this on the present ocoasion was admitted. The plaintiff's case was that ho had been in the enjoyment of a largo practice, amounting in the three years preceding the aocident to LGOOO a year, his professional expenses being about Ll2OO. The result of the accident was a severe injury to the spinal cord, causing a partial paralysis of tho muscles of the chest, which produced groat difficulty in breathing, accompanied with much pain. .Those symptoms had not improved since tho accident, though tho general health of tho plaintiff was somewhat better, but still existed to an extent that made it improbable that tho plaintiff would over be able to resume his practice. Tho plaintiff had visited various placos for the sake of his health, and claimed for travelling expenses LI 000. The plaintiff's deposition was read, and various eminent modical men gavo their opinions on his caso, some boing of opinion that recovery was impossible, and others that in throo or four years ho might poßsibly rocover to some extent. Sorgeiuit Ballantyne addressed the jury for \Ko defendants, contending that many of tho plaintiff's symptoms might bo due to liia nervous condition, whioh would improve when tho anxiety of the trial was pissed, especially as no organic injury existed. The learned sergeant also maintained that certain largo payments made by patients, amounting in tho whole to about L5OOO for nine persons, could not fairly bo taken into account in calculating the inoomo of the plaintiff during the three years before the accident. Lord Ooleridge, in summing up, told the jury that many recont cases left tho matter much whore it was before, vis;. , that compensation was to bo what the jury thought fair. A'ter stating that in this accident he considered the defendants singularly free from all moral blame, his lordship wont through tho various items for which compensation was claimed and the ovidonco rotating to tho state of the plaintiff. With regard to tho contention of the defendants as to tho omission of tho payments above mentioned from tho annual income, ho saw no reason why the same persons or others equally rich and grateful might not have been among tho plaintiff's future patients, supposing tho aocident had not happened, Tho jury, after an absence of about twenty minutes, gavo a verdict for the plaintiff 'for L 16,000,

In 1700 tho export of tabacco from th« American colonies amounted to 22,000,000 lbs. By 1775 the quantity sont out of the country exceeded 100,000,000 lbs. Tho total amount exported and mannfnctuiori in 1877 was a littlo above 463,000,000 lbs. Allowing 6 per cent, for the quantity used at home and for that which evades the tax, the crop for that yem ia estimated by tho United StaUs' officials at upwards of 490.000.00 C lbs. What nro known as tho tix tobaccc States — namely, Virginia, Maryland, Nortl Carolina, Tennessee, Kentucky, and Mis souri— mpply over 300,000,000 1b5., orthrce fifths of the annual product of the Unitet States, to the commercial world.