Daily Republican., 1879-05-22
L A T d r F.,
OUH COUNTY COURT,
New CASTLE, NAV

New CASTLE, May ,.
The case Of Patrick Magarity y. :.
Mayer and City Council of Wilmjn,''
was next announced. Chas. Il ~
for plaintiff, S. A. Macallister and + \ I
Bradford, Jr. for defence. The follow
jury were drawn in this case sam1
A. Porter, James Culbertson, Jo..'
VanPelt, Marshal N. Weir, Richa,J
Edwards, John C. Johnson, Thoma,
Cartmell, NJ. Z. Cleavcr, Thomas N
rison, Lewis Bennett, John Otto, N
Joseph Luton. \
Patrick Hughes Of Wilmington vi
polled on the jury in this case \
the defence objecting he was rpou.1 !
to stepont of the box and Marsna,Il
Wier Of New Castle substituted in n
place.
Mr.. Lore opened for the plaints \
stating that the case was agaiusl N
Mayor and Council OF Wilmington !
the negligent, careless, imperirr, N
defective condition of a sewer When.
the water was caused to back up
overflow the premises of the pIaiul
to his damage and detriment.
amount OF damages is laid in tuepyl
or declaration OF the case at sj.
The adjective sewer continued r
1871 up to date Of action.
The city have often promised to IN
edy the evil but they never did
Nothing would resist the force of
water and as a consequence it went
to his cellar. In April 1876 the 10,
OF Mr.. MCCARTHY settled. He had rp6
ed it in 1877, and in the same yea
settled again. lie has expended a
siderable money. His coal would
literally covered with filth and dir.
fit for use that people would 60 al
without buyin2.
Mr.. Magarity has asked again
again for some redress and We
been obliged to come into this conn
some redress. A plot Vas slown vt
was adGitted in evidence, coun,o
both sides agreeing.
At II. Is O'Clock the jury in the
Of Lriitia l.. Green vs.. W. Il. RoLtI b
and John }. Lockwood returned VII,
verdict in favor OF plaintiff for 81 d
costs.
Robert Brown the first witness ca
testified to building the foundsnk I
OF the houses and also laid curhpaI
i'll accordance with the lines giy,l
Daniel Farra. Esq, then City Sury-r
Mr.. Farra approved his manner Of
ting the curb. Witness said he VA
stone mason by trade. The curb u
set in the Winter of 1863.
When he went to work on the fouua
tion, Mr.. Magsrity thought that
was best to plank the foundation
was very soft and in order to do soa
dug foundation three feet vi
they occupied eighteen inches
flanked it. The material was as NJ
as usually put into good houses.
Cross EXamined-i am sure Mr.. Ct
Surveyor was there and approve Z
the curb stones. have no recolleci \
of him giving me any instrucI
about the laying of the curb. The /.
! went by suppose We're given by Il
Surveyor. Seen him there with \
Instruments.
Archibald Given: Built the I'd 4
portion Of this house in 1869. I'm
seen the house occasionally on pk
ing by. Did not notice any cla 4
in it until about year ago, when
Magarity told him to look at it. L
rear wallsof TIE main building II
cracked, pretty much all aronnd II
was patched up.
Did not notice the condition Of II
yard until last Saturday. lie u-
examined the inlets until last SaturIt
Daniel Farra gave him the line
building the house. 1t was built Z
corling To his lines.
ssexamined Il presume the
was soft all that locality likely va 4
be. as it has not been built up
long time. 1t was in the spring d
year when he was working on it.