Wilmington daily commercial., 1872-12-04
NEW CASTLE COUNTY COURTS.
TUESDAY.

TUESDAY.
The Superior Court and Court of General Ses-
sons of tine Peace andJ Delivery were opened,
this morning, at 10 O'Clock.
Case of Nicholas Green and wife Us Adam
Grubb, taken up for trial, yesterday AFTERNOON,
waa continued. The evidence adduoed showed
further that there were Two trenches dug, one
in front of the defendants house. INTO the street;
the other few doors above, aud in front of a
Mrs Lloyds house, extending into the street,
also where both trenches Or trains emptied into
a culvert, leading into the river. Il was this
latter trench Che one in front of Mrs. Lloydb)
the plaintiff wife fell iuto. The digging Of
both trenches was paid Tor by drubb, the de-
fendaut.
Tho evidence on the part of the plaintiff being
closed, MIR. Gordon Tor defendant moved non
suit on the following grounds: l, That there was
no evidence 10 connect this defendant with this
tort 2 Ii there was any connection it was sim
ply that OF an intermediate agency, and no ln-
termediate agent can be thus liable unless shown
to have taken an active, immediate part. After
hearing the arguments pro and con- chief jus
tice Cipn said, the testimony shows that Mi.
Hrubb employed men to dig the ditch, i'll front
of his property, but were not employed by him
to dig anything else. Henry Grubb (non Of
Adam) employed meu TO dig the ditch III front
Of Mis-. Lloyd's The evidence was not sufficient
to 20 before the jury, and Judge Wootten CON
curing, HOR-suded the plaintiff, Judge Houston
dissenting. q. Is. Lore. ESD, for plaintiff Geo.
q. Gordon, Esd, for the defendant.
Jonn Mines US Hlchard johnson was the next
case ed, and consumed the balance of the day
This was All action OF assumpsit for the balance,
(about 1852 } claimed by Mines, due hlnl
by the defendent for erecting house in this
city, at the corner of 18th aud Madison SITS.
The evidence for the Plaintiff was very voluml-
nous, showing the dllfere It materials purchased
for and used Ia the construction OF tins house,
their cost price, aud the expenditures made by
Mines for workmanship and lab u on account
| thereof.
The Defence by evidence established spec
| ial contract between the parties, by the terni
| oG which the Plaintiff was to build a house like
| the one on the opposite side Of the street tOT
| s22O0, subsequently, after the house was part
~ built agreeing to add an additional story (mak
| ing 1t a 3 stored hOuse) for Sl5O extra tnat III
/ several particulars, the house was not built ac'
cording to contract; that the Defendant had palC
| $4,000, OO ana was owing, according to Pltn. oWl
| showing, only $3.50. But in addition the hous'
| was so badly constructed that one OF the wall
| sunk in about three inches, and the opposite
| one bull 5ed out 80 that consequently the Window
would not hang plumb, aud that the house wa
| 30 shaky during stormy nights that the inmate
| feared to retire.
The Plaintiff rebutted this evidence by allowing
the foundation walls had been sprung Will
| green by the Defendant in hlIiug up with dirt
| against them. Alter arguments by counsel, th'
Jury retired and shortly returned with verdic
Tor Plaintiff for $423.4O. Levi q. Bird Esq, TO
the Plaintiff @. b. Lore Esq. for Defendant
Without transaction OF further business tn
general Jury was discharged till lO O'Clock, tt
morrow morning. Tine Courts also adJourne
till thar time.