Wilmington daily gazette., 1874-05-20
New Castle County Court
CONTINUANCE OF THE CIVIL LIST.

GOTILEIB REHFUSS-OPENiN'i OF n
THE CASES AGAINST THE r.. w. b. q
r. T.. GROWING OUT OF THE NEW Il
PORT ACCIDENT-AODRESS BY THE 3
PLAINTIFFS COUNSEL. 4
(IaTorted for the DAILY Gazette.)
New CASTLE, Del, May 49, 1874. a
Court met this morning at the usual hour G
Judges tiilpiu, Houston and WOoten on the Z
bench.
The iTst case taken up was No. 42-The Del
aware Fire Insurance Co, rs Gottleib kehfuss.
This wac an action on ths case in the nature Of
waste The facts were as fJlows In 1865 The
defendant became tenant of No. liz Market ST.,
under a lease for s years from the Delaware Fire
| Insurance Company, and consented that shonld
he build an oven 10 tho front or back Of the
house he would leave it there at the end of his
term and also leave all permanent improve
ments. The rent was $3.50 payable quarterly.
At the expiration Of this lease in 1870, Mr.. Reh-
fuss took second lease for years OF $3.50 per
annum payable quarterly, conditioned to become
void upon default of payment Of rent for 80 days.
Default was made aud the defendant was noti-
fed by the plaintiff OF the forfeiture Of the lease
Arrangements were, however, made by which
the Company took of the forfeiture and third |
lease was entered into from March 25, 1871 for |
one year and the Company agreed that If they |
should sell during that time they would allow |
him $500 off the rent. BY mistake the SecIe- |
tary Of the Company notified Mr.. Rehfuss that |
, Possession would be asked on the 25th of March
next ensuing. As soon IA the Company discOy- |
o cred The mistake they Informed Mr.. Rehfuss |
y but he claimed to be entitled to the $500. This
: ives settled and a 4tl lease entered into from
8 March 2jth 1872 until March % 1873 al $500
. per anuum aud allowing him at the expiration
y Of term to remove store fixtures, ges 6xtures
: and counters In the meantime the Insurance
|. Company bad made contract Of sale to David
q | Lemon and were 10 give possession on March
% 25 1873. Now the plaintiff charges that when
st Rehfoss moved out that date be willfully snd
N maliciously tore out an oven erected by him
II during Tue first lie ise, also gas stove, destroy
" y ed the awning posts. removed a wash stand or
'' sink, damaged the walls and ceilings, and tore
he down the grape vine and trellia, and claim ex
he emplary damage. All these allegations the de-
b, fendsnt denied with the exception Of the oven
e :; and maintained whatever injury was done ives
the result Of earelessaess on the part Of the les
re- sors ia leaving the building, open for two or
rs three DAYS after Mr. kehfuss delivered the key.
1t. The taking OF evidence consumed great portion
~ of the morning, and after il was finished Mr.
10. Nieds addressed the jury until 900 when court
a. adjourned until 7. III.
~ AFTERNOON SESSION.
Upon tho assembling OF court, counsel on both
sides flushed aud after recev az Ia short charge
". the jury retircd They had not pgreed up TO til,
te' No 44-Doe, lessee oil Henry ii. McMullen, ct
ai AL VS.. William J. Lsnk. EJectment. This ce "
ell. was Withdrawn in order to aow counsel to max,
la. up a case stated Tor the Coprt-a question o
NJ law being Involved alone Whitley for pl9 atiff
OF Gray for defendant.
- The next case which came up was No. As =
W .' Thomas d. Lyman aud wife VS.. r, W. Il b.
X. Co.he tirst IN order OF the suits grow .ng
VAS of The NawpoIt accident, December ~, iS2. L
% G. Bird, ESD appeared ior plaintiff Me,srs Gordo
" and BayaId fol 2tefsudant. Mr.. Bird opened tn
o.i' case bi.etty as follows:
ny, This is action 10 recover damages for tn
per wife alone, but the law requires the husband 1
aio a be Joined in the suit. The frcts of the
the defendant hopes to prove, are these On III
PEI night Of December "a, 1872. Mary P. Lynsm ha
u, ~ gone into Wilmington to make some purchase
TO- aud returning to her fatherln-law's N a caI
per riage, was accompanied by Il. l.. Lyman, an
o' Addie $. Lynem, daughter OF John X. Lyman
10 her father-n-law; Mrs. Thomas +. Lyman wa
driving. They lett Wilmington about o'cloci
oi z. M, and the night was very dark. They wen
AR. out the Newport pike and the road being ic
PEI and the horse not rough shod, they were delaye
a 'us ON the road They arr.yel at Mr.. john X l.!
Ss' mems lane about = OF a mile from the house
'o very nearly o'clock, perhaps five minutes att
seven.
or fifteen yards from the bed track OF ii
Rail Road. All the parties in that carriag
h knew the times when the trains were du
past there. We shall show that 1t wes or
u :" OF tb6 CoiuoSt nlku'S tuht WlutbT tnht tue
were in q Germantown wagon with the Gu
ona- tains rolled up. When they came to II
tR. II. they look ed up and down for tral
,ca. and we're able to see no train hor did the
hear the noise of any; nor was any sign
,i,o given of the approach OF any train. The
'"e started to cross and in the effort they we
lstruck and the three people thrown fro
rect iorty to sixty feet out OF the carriage. "
shall show that the colliding train was Il
eet regular train and was due at Wilmingtc
from Baltimore at $40 p. IN. That it VI
detained over one hour by no fault of n
clients, end instead OF passing Lyman
house as usual at 80 p. M, 1t passed
OF nearly O'Clock. We shall show that
LtvI- the locomotive there either was no hea
light or that 1t was not lit. We shall ira
ym- this train from Northeast by persons wi
Rob saw Il there. by the admission OF the age
Is SO at Stanton aud by i've or six who saw Il
in locomotive after the accident when it vi
city, run into the round house at Wilmingto
athy There was nothing there to light the W,
nd hut small hand lantern hung upon [
>lrk' side. We shall show that the light throw
nd q FROM the headlight would be thrown thr
Gov tiu,es as far IA would have iyen thase M
e- ties time to escape, that anywhere in tt
. lane headlight could he seen three mil
new off, that Mrs. Lyman relied upon see
IN IN that headlight and that had there been o
lphia ,ns avas " ara shnt fast mr. the nerson "
Il ca asIaan for n ,uhiaa nm tba hnnsa aua u .
neut rnn -. 4, w an fNc,aniIv ~ ,aa,, !. ,o,,
ou' paper. The injuries received you may II
agine. Mrs. Lyman was thrown from for
-. to sixty fset into ditch, cutting q cash
ived her eye, SO that now when she attempts
inted read or sew the tears flow. We shall sh,
nj he that her ribs were broken and never pro
al in erly knit, and that she will suffer for
ever from nip injury. we shall show that I
sious, attention of the com pany's agent at Sta