Wilmington daily gazette., 1873-12-06
oouRr pr ncREplNes:
THk CASE or vzAxAoAN Va. TIRE crrr ARou-
MKNTs BN COUNSEL.

THE CASE or gLANAoAN Va. TIRE CITY ARou,
MRNTs BH COUNSEL.
/ NEW CASTLE Dec s, 1878.
+, The coults wsEe opened lhis morning at the
uaual hour.
The trial OF FlanAqAh's Administrator va the
City Of Wilmington Eaa resumed. Tue Court did
not decide the question arged by counsel yester.
day, and Mt. Whitsley continued with hla testi-
mony for the plaintiff nntll about ~ O'Clock,
| when he olOaea bis cnasI
| Mr.. Harrington, for The defense, moved for a
non sRlt on the four following grounds:
| I 1st That the Aoaion ID for masieasance and
there ls no evidence to show that defendents ever
authorized or ratined the making Of this excava-
tion.
20, ghae there Cannot be a remedy against a
municipal corporation Tor non-ieasance, a ne
Rleet 20 repair Its atTeets failure of lie officers
to enforce its ordinanceb; and that this naiv is
doSect1Ve tn not alleging notice OF the defect
therein TO the city.
Sd, That the ihtostate was not lawfully travel
ing on llth street, in end near the place of thia
| excavation.
4th, That II Is not shown that his death was &C
coentAi, but the evidence shows that the intestate
aud his guardian were guilty OF negligence which
eontTlbuted 10 the death Of the child. Mr., Har-
rington cited many authorities from both English
and American books to sustain these grounds, and
argued 1t at length, up I'D the hour for the recess
Mr.. Mhlteley assumed these polnts setting them
forth as an answer to the ron Sutf.
ls', That the Legislature gave the CITY excluaiya
control OF the streets and other privileges and
powers OF Government. The City Implicitly prom
ses to fulnu these duties. hence an OBLIGATION 70
keep the streets in repait IL the City allowed a
hole kdUg by strangefd,) 10 remain open for
months, Ia the streets, then the City is presumed
to have been notified Of the same aud to have rat
lied the act OF the stranger who dug this hole /;
because having persons and officers to discover
aud make repairs, 1t negIects its duty. They rat
ify the misfeasance of Others and make the wrong
Iul act theirs and make The stranger their agent
He cites many authorities TO bear him out ia this
argument, although only thus far assuming the
hrst point OF the four fot non sHit. having Occm-
pled all the afternoon session tall the hour ad-
jouTnment, over three hours.
The jury were discharged until 10 O'Clock on
Monday morning
From the array Of authorities, about 70 VOL
umes, II Is thSught that this argument alone will
occupy another day, as Mr.. Spruance is to reply
TO Mr.. Whlteley. The defense thus far have not
offered any evidence, nor win they until these
points OF Law are settled and if in favor of the
deisndents, the case will end
At the usual hour The Courts adjourned until
tomorrow az 10 O'Clock, NJ
Ntw casTLR. Dee, G. 1873.
The Court did not convene this morning until lO1<
O'clock The JndgeF. Il is said. were holding a con-
, The case Of klla Bue Vi. David Bush, her has
band. was called up. ln this case Ella Bueh pc
tltions for alimony. Thu petition sits forth that
David Bush is worth about S1V.' 90. and the eti-
tioner with her youngest child has nothing to man
tain her, and she Brays tho Court 20 grant heF pOr
tion estate OF the saidDayid Bush OF WHINING
ton 90 enable her to contest the suit Of the said
Bush for divorce from har and to maintain her
self and youngest child. Ii also alleges that poT-
tiOn of her clothing ieWelh de- are Withheld from
her. In his answer David Bush asserts he Is NOT
worth so much money, and that has income Is only
VI 800 per year; Ghat his house is open to receive
bis said wife Ella Bush and her youngest child and
maintain as his limited maans will allow. The Wit
nessos exAmlnad this nnbrning were VIM Bush
Peter N. Brennan Geo. W. ryndale, Dr. Porter and
: ames Mills. The case is still before the Court.
Counsel for tho petition, Nv, G, Spruance; for ID
Bush. s. n. Harrington md George O, Gordon
There is no jury in this else. The testimony was
~ reference 20 the value NJ the estate Of the late
Charlas Bash, including The LobdeIl Car Wheel
Works, vaoant lots and other real estate in Will
mih gton. to enable the Court TO determine the
Claim, if any. Our report blosed at II O'Clock.