Blue hen's chicken. [volume] (Wilmington, Del.) 1848-1854, 1851-12-05

or naisrIte I0bsifueling public highway
n the city of Wilmington to vii: Market street
\ between l4h and 9th streets.
| The defendant hd erected honsa and pave
neut on part as the prosecution claimed OF
he public stree yhlch they alledgvd was So
eet inches VIDE;
The def.ncepenied that there had been any
-ncroachment ulon the pDblic highway.
Messrs. BayFdfor prosecution
Messrs.- Garyyal Bradford for fence.
/ The recorded DOT Of the city was offered inI
evidence and obsrled to
/ Mr.. Bradlord-frhis map only Processes to
he map showing the grades, aud is not evil
dence oil ne wdlt of the stress. Il was made
only for the purncs Of regulating grades.
/ Mr. Bayard eplieAr
Mr. Gray reoined that this was not the map
authorized by lhe act OF assembly to be record
led; that map was dated il 1922, and signed hy
Robert Porter AID Jdmes Sorien hurgesses for
that year. whereas this nay is dated in lS. IS.
and is signed by James Mexican and Jimes
surden.
The court ruled il OFT as being on record
1 without authority, and he record is therefore
not evidence Theb is no iden iiy between
4 this map dated in lss6- and signed by other
persons, and 'hs-safp described in the act OF
1922.
I MT DdyhIu W., uHetpu large lrtnleu Hidp
/ certified nissi by MxAean and Sorden as tie
l map which was established By the act Of 1922
! 1t was ohjsced to.
, Mr. Gray--Shis docs not Furport to be co.
I py of the inapk 9th January, 1922
! Mr. Bayari-fie discrepancy between these
maps is expainedNhus: Messrs. Porter and
=, Sorden were psyer lurgesses together and be-
,s fore the copy WAS recorded other persons Were
>, y elected buree-ers; IL January 1872, Rober
4 Porter and Frederick Leonard were burgesses
- The description Therefore in ;he act Of ls22
must be an efror add we insist that this mai
!. copy of this map ratified by the act of 1875
n. BY the Court -lle map does moi appear II
a, be copy, iiit was III fidelity as such must b.
IN proved together with ,rooi oil the loss OF origi
10 nal. The certificate is hat it is tue true groun
- plan OF the city OF Wilmington established
! the act of l9e9; and was recorded as such il
~ 1926. This may be he map which was raiili
ed by the citizens on hh Of January, 1922, tho
that fact does not apIear on It; neither does tn
n'j ac, Of 1892, though | reciies the ratification
=. state that il did so APPEAR on the face OF map
Il The identity Hereford this map with the on
~ which was before the gegislaiure' is questune
only for the want ofthasigna ures of Robert Por
Z, ter and James Sorlen yho 1t appears we're neve
!" liurgesses together. Ills matter is loo slight {
ne Justify us in ruling out ,splan of the city whic
~ has been acted under as Tie true city map inc
1876. Map admitted
ne WAL of rnomls SAiiey-D..ses 10 Josep
SIMPLIFY lot bounded IN Market aud Frencl
On streets from Siidhom, now 18Th sire ct to Foul
I'd ieenth street.
IN Deed Of Joseph shipley to Samuel File, BOT
r January, 1924, Tor The same property.
&c 2Jlh June 1895. De % Peterson aud wife, an
or 9th heirs oil Samuel Fila to James W. lhonso
re the defendant.
May Q, 100, OnlnaHce OF resuryey Of tn,
a streets Market street IS feet inches wide.
n James canby-Was President of the City Cour
a eli aged II years. have lived in WilmingIo
d all my lite, was born at the corner oil lth and
y ange Streets and have never lived further thai
e one square off The Brandywme lnn was srecte
; in ls24 by Samuel File Before that there wa
d no enclosure on Market street continued. Their
n is curb nov about 40 TO Sc feet down Make
I street On this property formerly Of Mr.. File. b.
lors he built that house there WAS obstructio
n on Market street there fnups s.y foot of
lsaePsr shen svhich father ailef The exsnTHaITS7-
= MAUI u. llsi o,ngteed 10 remoy.
y y " ",sy- There was no sidA walk on th'
! know that 'A- lsce was ise 20 pnt lheri
I, was nothing to7i foSs,.t H.
WIN. Bright Received rer:s'Ior DR.. Thorn
; son for this house; about Two years ago tile doc
. tor requested me to favor petition TO curb ant
y pave 70 mn sls pulec tu uHltss II was con
e ltnued 10 l54h street, rhi Il he agreed to and al
n tered the petition accordingly. If the city cur
Il hing and paving were Continued on the sam
e inc OF Market street it w,ud throw DR.. Thorn
sons pavement in The 81.
1 Stale closed.
Mr. Gay opened for tle defendant.
Z lie said that Market steel was laid down o
S all the plots as running Oh a righ, line from ri
yer TO river, and this obstruction was enlirel
!. oil 10 the east Of that lin.
G John Hedges Has kown Wilmington 70
4 10 years. This dagona street was opened 6
!. or 10 years ago; always, narrow street, say 4
or As feet wide.
!, By MIR. Bayard--The }randywine walks wa
d made about the year $50. Il had the same gen
$ era curve 10 the bridgehat the pavement nov
,, has.
: BY. Mr.. Gmy-This diagonal road connec
Il ting Market siresi wilhk;ng street was move
y aid out G5 fed G inchei wide-was never wi
: der than it is now.
a Jacob Riee-Liyed il defendants house :.
d years, when these Guns were put there tn
IS place they now oecupywas not used and cou
no, be used by the pubic.
v Benz. Ferris-This sreet has been publ
q highway as long az AN remember, but no
/ ANY wider than it is nov. Was born in vii
y mington in 1880.
In 1922, the city Sc about making ney
map. the old one having become defective as I
1T the roads, and my partner made this mar
e which was submitted town meeting au
d ratified, and COMMITTEE appointed to 90 to III
e Legislature, which established il city map
n 1t does not lay down his diagonal road as Maj
ket street; Market street is laid down a
straight TO the river. Ii was once open TO III
- river. remember inl793 4, after the mass
e ere at St. Domingo, lie French emigrated, an
D. mlny came 10 Wilmington. remember Sc,
is lay them washing clones in the Bandywint
r. lin Market stieei-lhe.nld Kings road WEI
Y from the bridge by what is now Bishop Lee
. front yard, acro6s in lie direction oil the Aim
: House 1t was not oer this diagonal road nj
down Market street. lmade this map in 1853.
g my partner made the other now present.; The
< are the same,
Ir Jonas p. Fairambs-I wai employed in 1872
a. 3 TO make map OF the Cityof Wilmingon,-
This is the!map, (ths ffamel ono which he
y, been admitted ia evidence Market street a
h. then laid down, and the only Market street
=. ever knew OF, runs from riyd to river in rs
= line; this curve or divergence, on which the oil
IL st.uction is aedged, ls not Of Market street.
ct BY Mr.. Bayard-I have hen city survey
for many years; was SO befori 1921.