Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-12-06


FLANAGAN, AnNfMIsTRAron, vs.. MAYOR
AND COUNCIL OF WIiMiSGT1N,
NEW CASTLE, Dec 3. p. m.-A'tCr
the return Of the jury ir the case ct the
burglars, (whose verdict has already bccs
published the civil list was again gone
over and many OF the cases remaining
open disposed Of No IS was placed on
argument list rs a ease stated. Nos. ] ~
lGs, l70, l57, iO9, 50, $50, i0", 1874, lg5
1877, 19s, 1879, 200, 203. @Jl, 9s, la9, lHl,
l43, Il, 10, were all continued on one
ground or other. A majority Of these
will be settled by counsel and the court
not again hear Of them.
All the cases Iqnite a large nu.ber
commonly known as the "usary ceses,'
were passed, as it was understood iha-
all the counsel engaged in them. Oh bOih
sides, were 10 hold meeting tonight al
one OF their Offices in Wilmington, 10
endeavor TO get st some grounds Of settle
ment. II is said they will al b. amicsbly
settled, but on what basis IL will be quite
difficult to tell.
The fret csse for trial i that Of Fam
aga MS, Administrator vs.. the City OF
Wilmington. This is an interesting case
aud in Its Adjudication several nice points
Of Law will be raised and decided. IN c
circumstances are substantial these /;
That on or about July i2lh, 1879, there
was a large hole extending across thc
sidewalk into the stieet some five feet.
in Eleventh street, this hols hal bees
fUrMcriy stone quarry, 1t was M gnj
down Eleventh street FROM III TO ~ itat
and II feet from the ui'ding Hue INTO
Eleventh street, about Z 70 10 feet deep,
This hole had been there for some wears
/ past, before and Stree Eleventh stree. has
/ been opened at the date ahpge men.
/ toned Mr.. Flanagan was hauldiug stone
/ to Pickles Foundry across Eleventh
street Bridge. Mr.. Fionagsn's son.
about l2 years of age, was following
4 tho cart for TIE Iurpuse OF rldu-
back on the empty Hagon-thre were
two other boys with him, though large
1 The three stopped at pump ON Lombard
street, and the larger boys getting thti
drink first ran AVID EFF liin; be- ran aiiel
theta up Eleventh street toward the hole
At night on the arfiial Of tie father az
his home the boy was not there. Some
time passed, and be not canning thes
began to yet alarmed. The tatber went Il
The hole, and with Il poe succeeded il
fishing up the body OF his son, which wa'
standing OF lis hgad, hat ON, stuck iu thi
mud underneath the water IT, this hDl-
h is supposed that in running ulDug be-
trpped and fell into II, aud wa drowned
just before the court CLOSED Mr.. White
ley, counsel for flanagan, pu- the gnes
ton tn SIR. Cox, the Wjthcss, "N'bu
would the servicesLir0m n boy II TO .
years old be worth 10 hia father, wa
objected to, and this question, iuyo'r'r,
the turuirE point In the case, Nili be- ar
gucd at length as the legal question.
Mr.. Whitelcv IN he opening 10 'al
court said he would claim damaens 'fu
the value of the lfc." This iaN arlu
ment VIII take up the iiMcirH rrto
tpmogrow. Mcsers. llggiuEto. uai
Spruauce represent the citY.
Al 54j TIE court adJ luruel uutil q
a. IN. December iLh.
New CASTLE, December I, lsl3.-'fh,
superior Court and Court OF General
Sessions Of the Peace and Jail Deliv r.,
opened this morning al the usual hour
The case Of Flanagan, administrator
vs.. the Mayor AID Council Of the City o
Wilmington, was resumed, and the las
arguments proceeded with, Mr.. larriug
tnu opening. He was followed by Mi
Whiteley, and he In turn answered b.
Mr.. Spruanee. The Argument eovere,
the broad question as to whether tn
value OF TIE life 10 the deceased O
the value of the services Of the child 1,
the father is the proper mode Of measure
mCnt OF damages in cases OF this kind
The argument took up the greater par
of the day, and the only testimony WAS
repetition OF the facts sent to yOu yes
terdsy.