Daily Republican., 1879-05-23
(From aturday's Late Edition. J
OUR COUNTY COURT,
New CASTLE, May %.

| NEW CASTLE, may ~.
The case of Patrick Nagarity vs.. IN.
Mayer and City Council OF Wilmington
was next announced. Chas. B. Lon.
for plaintiff, s. A. Macallister and E.. G
Bradford, Jr. for defence. The following
jury were drawn in this case Samuel
A. Porter, James Culbertson, Joseph
VanPelt, Marshal N. Weir, Richard W
Edwards, John c. Johnson, Thomas b.
Cartmell, NJ. 4. Cleaver, Thomas Nor
rison, Lewis Bennett, John Otto, Jr,
Joseph Luton.
Patrick Hughes Of Wilmington was
polled on the jury in this case but
the defence objecting he was requested
to step out of the box and Marshall n.
Wier of New Castle substituted in hi,
place.
Mr.. Lore opened for the plaintiff by
stating that the case was against the
Mayor and Council OF Wilmington for
the negligent, careless, imperfect aud
defective condition of sewer whereby
the water was caused to back up and
overflow the premises of the plaintiff
to his damage and detriment. Tn,
amount of damages is laid in the narr
or declaration of the case at $1,000
The defective sewer contiL ued from
1871 up to date OF action.
The city have often promised to r-m
edy the evil but they never did it,
Nothing would resist the force of the
water and as a consequence it went III.
to his cellar. In April 1876 the hous.
OF Mr.. MCCARTHY settled. He hai repair.
ed it in 1877, and in the same year it
settled again. He has expended con.
siderable money. His coal would 10
literally covered with filth and dirt, un.
fit for use that people would 60 away
without buyin..
Mr.. Magarity has asked again and
again for some redress and we have
been obliged to come into this court fer
some redress. A plot was shown which
was admitted in evidence, counsel on
both sides agreeing.
AT II Is O'Clock the jury in the case
CT Lrtta l.. Gre-n vs.. W. X. Rothwr
and John J. Lockwood returned with
verdict in favor of plaintiff for $75 aud
costs.
Robert Brown the first witness ca led
testified to building the foundation.
of the houses and also laid curbstonps
in accordance with the lines given by
Daniel Farra, Esq, then City Surveyor
Mr.. Farra approved his manner of set
ting the curb. Witness said he was
stone. mason by trade. The curb was
set in the Winter of 1869.
When he went to work Oh the founGa-
ton, Mr.. Magarity thought that II
was best to plank the foundation as i!
was -ery soft and in order to do so they
dug foundation three feet wide,
they occupied eighteen inches and
planked it. The material was as good
as usually put into gsod houses.
Cross EXamined-i am sure Mr.. CITY
Surveyor was there and approved Of
the curb stones. have no rscoll.cto9,
Of him giving me any instruction,
about the laying Of the curb. The lines
! went 10y lsuppose were given by th-
Surveyor. Seen him there with his
instruments.
Archibald Given: Built the brick
portion Of this house in 1863. Hayr
seen the house occasionally on pass.
| ing by. Did not notice any change
in it until about year ago, when Nj.
Magarity told him to look at it. Th-
rear walls Of TIE main building was
cracked, pretty much all around was
was patched up.
Did not notice the condition of the
yard until last Saturday. lie never
examined the inlets until last Saturday,
Daniel Farra gave him the line for
building the house. 1t was built &C,
coraing to his lines.
Cross examined Il presume the sol
was soft all that locality likely would
be, as it has not been built up for
long time. 1t was in the spring Of the
year when he was working on it.