The daily gazette., 1879-05-23
THE COUNTY COURTS.
civil Basiness Fairly Under way.

Civil Basiness Fairly Under Way.
% @if f'f -O- r- '
A VERDICT IN THE CASE OF GREEN VS..
Z ROTHwELL 4 Co.-MAGARITY's DAM
W AGE SUIT Against THE CITY IN
50 PROGRESS. sl,ulT lt.... ...,
Especially reported for the GAxETrE.1
New CASTLE, May 22.-The remain
der of to-day's Court proceeding will
be found below, the case in progress
being that of Letitia Green %. Rothwell
% Co.
Counsel for plaintiff argued that there
was no proof Of rental upon condition,
and that even If there had been, the
building was rented by an agent of Mrs.
Green, who had no authority to make
such special condition. Also, that the
defendants having rented the building
for the balance of the year, were respon-
sible for the rent, whether they used
the premises part or all Of the time, or
not at all.
j, The case was given to the jury at 11.S0
O'Clock. 3l1f l.. a.lt g. al e. -.
- Messrs, Bird, DUPONT and Patterson,
the committee appointed to examine
Francis x. Messlck, for admission to
the bar, reported they found him we'll
qualified and recommended his admis-
sion. The. Court approved the report,
and ordered his admission upon sub
scribing to the usual obligations and
paying the prescribed fee. 49,. :
The case of Patrick Magarity %. the
Mayor and Council of Wilmington,
action for damages, was next commenc-
ed. Chas. b. Lore, Esq, for plaintiff,
and City Solicitor s. A. Macallister and
f. q. Bradford, Jr, Esq, for defend
ants. The following jury was empanell-
ed: Samuel Porter, James Culberston,
Joseph Van Pelt, Marshal N. Wier,
Richard w. Edwards, John G. johnson,
Thos. B. Cartmell, VIM. E. Cleaver,
Thos. Morrison, Lewis Bennett, John
Otto, Jr., Joseph Luton. "
Patrick Hughes, Of Wilmington, was
drawn in this case, but the defense OBJ
jected to him, and he was requested to
step out of the jury box. He was sub
stituted by Marshall N. Wier, Of New
Z Castle.
I Mr.. Lore opened for the plaintiff, by
stating that the case was against the
M syor and Council of Wilmington, for
the negligent, careless, imperfect and
defective condition of sewer, whereby
the water was caused TO back up and
overflow the premises of the plaintiff, to
his damage and detriment. He SAID the
plea of the defence was "nOt guilty and
the act of limitation" The amount Of
damages Ii laid in the narr, or declara-
zion Of the case, at $1,000. 10. ....-- .. =
In stating the facts the plaintiff ex-
pected to prove, Mr.. Lore stated that by
the construction of the Monroe street
sewer, in 1871, the imperfect character
of the work allo wed tue water to come
lnte Mr.. Magarity's celler. Also, that
permitting this sewer, and another, to
! run into the Shlpley uo sewer, without
enlsrging the capac ty Of the latter, had
! UP and completely overflow the plaintiffs
, cellar and his coal yard at every heavy
rain. That no efforts were made by
, the City Council to remedy these grave
defects, and that his property was rem
dered unteDantable on account of damp
ness his business damaged, and he put
to considerable expense for repairs.
cat 1918 o'clock the jury in the case
of Letitia Green VS.. VIM. r. Rothwell
and John j. Lock wood. came into Court
with verdict in favor of the plaintiff
The fl st witness, Robert Brown, testi-
fed that he built the foundations of Mr..
Magaritys house and laid the curb stone
in accordance with the lines given by
Daniel Farra, then City Surveyor, who
afterwards approved the setting Of the
curbstone. This was in 1863. The wall
was of good material and well built. The
wall was planked underneath, as the
ground appeared to be soft aJd marshy,
with little water. 49,.
Archi bald Given testified that he did
the brick work of the house; about year
ago he went to look at the house at the
request of Mr.. Magarlty, and found the
brick work cracked all through the rear
wall of the main building, and pretty
much ali round. Witness Built the house
in accordance with the lines given by
Daniel Farra, then City Surveyor. Z,
VIM. Begler, testified that he put
pipe IN the cellar Of Mr.. Magaritys house
four or five years ago, to run the water
from the cellar into the sewer; Yester-
day morning witness and Mr.. Magarity
examined the Bhipley Run sewer, took
the measure of it, and found it to be 10
fC., IL in., ACROSS Maryland avenue; Mon
roe street sewer 10 feet in sise, and
another sewer, z feet 3 inches, run into
the Shipley street sewer. In Monroe
street, opposite the house, found two
places in The wall where the mortar was
out, and could thrust stick in about IA
inches. Mr.. Burke, member Of City
Council, employed witness to put the
pipe in the cellar, and the City Council
paid the bill. ..-.-. ...t..L
Court then took a recess until three o.
clock.
AFTERNOON sEssIoN-THE MAaARIrY
cAsE-A WITNESS WHO WOULD NOT Re
MovR HIS HAT.
court reassembled at 3 o'clock, and
the Magarity damage case was at once
resumed. -
Philip Green testi fed that he worked
on the Monroe street sewer, when 1t
was built, in 1871. The bottom of the
SO wer was dry wall, without cement;
cement was used on the walls; the sewer
was built by Washington Cox, and wit
ness said he worked according to orders;
1t was not customary to cement the bot
toms of sewers, but IL is necessary to
do so in order to make them tight.
1.-THE mem bers of the general jury not
empanelled in this trial were discharg-
ed, BY the Court from any further attend
w VIM. Il. Quinn testi ed that he was a
membe Of City Council in 1871, and
was chairman of the Street Committee
from June un;il September ofthat year;
remembered the construction ofMonroe
street sew er; the ground through which
| it runs is made ground" having been
raised about Pix feet; the bottom OF the
sewer was dry wall; there was consider
able dissatisfaction between Council and
the contractor, Washington Cox, In re.
lation to the defective character OF part
of the sewer; abour six feet of the crown
of the arch caved IN, close to Magarity's
house, while the work was progressing
there was an attempt made in Counci
| ,olr. ; a ioh av1yo rOrv1 "a cOrt ra afn