Wilmington daily gazette., 1872-12-04
COURT PROCEEDINGS.

Tuesday, Dec. s. 1872.
Th, Supetior Court and Court Of General Ses.
sions Of the Peace and Jail Delivery were opened
this morning at 10 o'clock.
Case of Nicholas Green and wife rs. Adam
Grubb, taken up yesterday afternoon, was conhn-
ued The evidence adduced, showed further that
there were two trenches dug, one in front OF TINS
defendants house, into the street, the other few
doors above, and in front OF Mrs. Lloyds house.
extending into the street also, where both trenches
or drains emptied with a culvert leading into the
river. 1t this latter trench the one IN front
Of Mrs Lloyds) that the plaintiffs wife fell into
The digging of both trenches was paid for oy
Grubb, the defendant.
The evidence on the part of the plaintiff being
closed, Mr. Gordon, for defendant. moved n nom
suit On the following grounis. l, That there was
no evidence to connect this defendant with TINS
tort. 3 II there was any connection. It was SIM
ply that Of an intermediate agency, and no inter-
mediate agent can be thus liable unless shown
to have taken an active immediate part. After
hearing the arguments pro and CON- Chief Justice
Glpin said the testimony shows that Mr. Grubb
employed men TO dig the ditch in front Of his prop
erty but we've not employed BY him to dig any
thing else. Henry Grubb (son Of Adam) employ
ed men to dig the ditch in front OF Mrs. Lloyds
| The evidence was not sufficient to 60 before the
the plaintiff. Judge Houston disseminate. Z: B.
Lore, Esq, for plaintiff, George G. Gordon. Esq ),
for defendant.
| John Mines Is, Richard johnson was the next
| case trleO, ana consumed tne naanCe Oh inc uhys
This was all action OF assumpsit for the balance,
(about $S62,) a. claimed by Mines, due him from
the defendant for erecting house in this city. at
| the corner Of 4th and Madison streets. The evil
dence tor the plaintiff was very voluminous, show:
ing the different materials purchased for and used
in the construction OF this house. their cost price
and the expenditures made BY Mines for work.
manship and labor ON account thereof.
| The defence, by evidence, established special
contract between the parties by the terms of which
| the plaintiff was to build house like the one on
the opposite side of the street for $2200.0O Sub
sequentiy. after the house partly built, agree.
ing to add an additional story (making 1t three
story house) for $3.50 extra. That in several par
ticulars the house was not built according to con-
tract, that the plaintiff had paid $4,000, and was
owing. according to the plaintiffs own showing
only $780, But in addition, the house was 80 bad
| ~ constructed that one Of the walls sank in about
three inches and the opposite one bulged out
that consequently the windows would not hanl
plump, and that the house was so shaky during
stormy nights the inmates feared to retire.
| The plaintiff rebutted this evidence by showing
that the foundation walls had been sprung whiit
green by the action of the defendant IN piling W
dirt against them. After arguments by counsel
the jury retired and shortly returned with yer
dict for plaintiff tor $423.50. Levi z. Bird, Esq.
for the plaintiff G.. b. Lore, Esq, for defendant
Without transacting further business the gener
al jury was discharged till 10 o'clock tomorrow
morning. The Courts also adjourned till fba
| time.