Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1872-12-07


No. 73 Isaac 3. Thompson rs. Lewis
r. Almonds executors. This was an
action 10 recover three years maintenance
of son of Lewis Almond. The facts In
were that Almond, some where
about 1856, married Miss Day daughter
of plaintiffs wife by her first husband)
that about 1887 he enlisted In the regular
army bis wife went to Plaintiffs house,
when this son was born; Almond re-
turned IN 1859, but dill not return to his
wife shortly af erward she died; he then
married u second time, and died In the
latter part Of 40 This boy always lived
with his Nep grandfather, who always
provided for him he Is, and always has
ben in very delicate health II appeared
that Lewis Almond had made requests
that the boy should be given 10 him, but
never took any decided steps IN the matter,
and the plaintiff ard wife always evinced
great desire to keep him. After arguments
by tbs c4unsc', and without charge from
the Court, the jay retired. and returning,
rendered a verdict in favor Of plaintiff for
SG42. Counsel for pleinlifi, william G.
whitley, ESQ; c. B. Lore for defendant.
No. 80, Nicholas Green and wife On.
Adam Gruhb. Action in the case for
damages.
The allegations on the part Of the plain
tilt, are that on August 3rd, 1871, the
defendant unlaN fully caused trench to
be dug across the pavement In the Ninth
Ward Of this city, and that Mrs. Green On
that night, in company with her sister-in-
law, were walking towards the home OF
the latter, when she, (Alrs. Green) not
seeing this trench, fol into " and was
severely aud p rmanenily Injured that II
/ IL. infuttf Ktr hf
placed there, 20 rs 10 give proper warning
nf the danger. They claim as damages
So OnO. Quite q number Of Witnesses
examined by the plaintiff - substantiate
these ficts, but the examination not having
been concluded ut q O'Clock, z. NJ, the
case was continued until tomorrow ut 10
o'clock, TO which hour the Courts were
adjourned.
TUESDAY.
Tie Superior Court AM Court Of General
Sessions Of the Peace aud Jail Delivery
were opened this morning ut 10 o'clock.
The ease of Nicholas Green and wife rs.
Adam Grub, taken up for trial yesterday
afternoon, was continued. The evidence
adduced showed further that there wert
two trenches dug, one in front OF the de-
fcndamt's house, into the street, the Other
few doors above and in front of Il Mrs
Lloyd's house, extending Into the street
also, where both trenches or drains empted
into culveit leading iuto the liver. II
was this latter trench (the one in front OF
Mrs. Lloyd's) the plaintiff wife tcli into
The digging Of bOth trenches was paid fol
by Mr.. q ubh, the defendant
The evidence on the part Of the plaintiff
being closed, Mr.. Gordon, for defendant
ffa VTnrIstNg
FIRST. That tn, re was no evidence to con
rect this drfcud tut with this tort. Second
If there was aty co1ut ction II was simp !
that Of an Intermediate agenc', and II,
| Intermediate agent can be thu liable unltsi
shown to have ia6cu an active immediate
nat. After hearing the arguments pr'
and con Chief Justice Gilpin said; TIT
| testimony shows that Mr. Grubb employed
meu to dig the ditch IN front Of hi
property. but we're not employed by Lin
to dig anything else.
Henry Grubb (son of Adam) employee
men to dig the ditch in front OF Mrs
| l,loyd's. The evidence was rot suilicien
to 20 before the jury, and Judge Wootiei
/ concurr,pg, nonsuited the plaintiff Judg
Houston dsscntcd G.. B, Lore, Esq, 10
panlin; George Gordon, ESP, for defend
ant.
John Mines rs. Richard johnson wa
the next case tried, and consumed III
balance Of the day.
This was an action assumpsit for til
balance (about Ss62) as claimed by Mines
due him from the defendant, for crectin
n house in this city, at the corner Of Fourl
and Madison streets. The evidence for th
plaintiff was volumnious, showing the di
ierent materials furnished for aud use
In the construction Of this house, the
cost price, aud tine expenditures made .
MINIS for workmanship aud labor O
account thereof
The defence, by evidence, established
speclal contract between the parties b
, the terms of which the plaintiff was
build house like the one on the opposl
! side of the street for $1,000. Subsequent
after the house was partly built, agreelr
to add an additional story (makiug II
| three-stoiicd house, for $3.50 extra.
That In several particulars tue hou
. was not built according TO contracts tn
e the defendand had paid $1,000, and vi
n owing, according to PLAINTIFF own sho
k ing, only $3.50.
a But in addition the house was so bad
c constructed that CHE Of tie wa
sank 10 abont three inthos, and the OPP
1 site one bulged out. That consequent
p The windoNs would rot hang plumb al
f thnt the ouse was 50 slgky during storm
, NIGHTS, the Inmates fea re to retire.
l. The plaintiff tebu'ted this evidence
s showing the foundation walls had be
e sprung while green, by the action Of I
e defendant in filling up dirt against tile
l. After arguments by the counsel, the IN
r retired and shortly returned with verd
is for paintif for S423,5O. Levi c. BIZ
u ESQ, for the plaintiff. {. Is. Lore, Is
1f for defendant
n Without transacting further busine
10 The General Jury was discharged till
~ o'clock tomorrow morning, the Cou
RS also adjouruing ill that time.
WEDNESDAY.
a. Courts of General & salons Of the Pei
~ and Jail Delivery opened this morning.
70 cordinc to the adjournment last Tuest
eyenipE. ,.,,--.
ne of defeudent on account Of absence
,el material witness. No. SO Continued
j Ieltleintnt. No. 65 Referred to count
=, No. los judgment for plaintiff, amount
~, he ascertained by P.othOnoiary. Nos.
VI 100 1877. l5S and 1873 Continued on ap
Il, cation of defendant respectfully on
W grounds of absence of material witn'
hy In No. 1855 Jury Of Iuquisition rendere
-" verdict for the plaiut!ll OF 81 ,39l.S5.
No 1856 On inquisition at bar there wa
~ verdict for plaintiff, Of 81 ,Sg3 60. Ais
:, No 100 la TIE came manner verdict
W. plaintiff, Of ~ ,2e.i so II No. 1913
o. anpeal from Justice Vi Peace. >, '.pQu 81
W. was gra nted gu motion of detendeRt.
" 1877 Referred to counsel
~ No. lGS, Smith rs. Stroud. verdict
.le There te,nP no trials at which to eng
.nc n iury. they We're maiIly occupied at
s'' u1isit,ous ut barr in sew raj case. y
nj about p. m. they were dlscla
l,. from further AT .endauce ut this teri
mrs Couu. ,.,
~, 8 jacob sinex, who vas indicted,
nus and convicted this week for keeping u
10 orderly house. was sentenced by the {
81, 10 paw a fine Of $40 and costs, and Il
~ imprisoned one month from to-day
IN Several matters Of II purely 'cgal no
Vac occupiei the Court until near o'cloc
n.u NJ. d. which hour they adjourned uni
d o'clock, A. M, to-morrow'
,Ig THURSDAY,
OF There being no Jury in further al
liant ance at this term OF Court, the Court
occcDlod to-day in hearing law argun
ain on rules. ce4 tioisus, &c. ,,. r
Flip Case of Robert II. Barr, WILLIAM /
was and Henry G. Jones, trading as Kobe
B,rr 4 Co., rs. Joseph Burke, VIM
egal Mendenhall aud s. W. McCaulley,
next trading as Burke. McCaulley y Co.,
taken np TOR argument. This was
stated. Al.
the The plaintiffs cause OF action nsil
nrior two promlssosy n noo , ~ SoramRe