Daily Republican., 1882-05-18
FIFTH EDITION !.
SUPERIOR COURT
The Suit for DamaE es-Th. ~,
Jnstice Charges the H. 0ois'
they Rei1He for Cousu ,,.,,s saa

Ane SSH ior Damages-The Cn, .
Justice Charges the Ju.r "lsl
they Retire for Consu lts,io,' 'aa
Court opened this mornino :,
O'Clock, with the Chief Justice ana ~ 10
sociates Wootten and Houston "na nn 49,
bench. The jury in the TatnaI, on the
nsy case was called, and cbarcSoo oourt
the Chief Justice, who said thseu thast BY
was no question about the . sae!e
having been committed, aud the '9SI %nlu
thing taey had to consider, was 0aIy u.
amount of injury sustained ~' hn M !as
plaintiff. He also said that M ~ sae
uttered or spoken by another ms9s molas
Justify an assault, and the am,u moua
damages must not be governed hm q
actual injuries inflicted the mn 'n
also take into consideration the ;r;us ,aus
to the persons reputation, and feeliS"m Su,
The Court also said that in awards
damages, they must consider wbs.sa
the defendant had time for his blooSu Sus
cool, and reason resume its swav ~.
he hal read the newspaper articla
before he committed the assault 70
The charge of the Chief Justice ~.
pied about fifteen minutes in its Ssns %Ha
cry, and At the conclusion the i,rv v'I !.
tired. '''' 70
Several other cases were o,,.
bus none being ready, Judge Woa, %
ten said that tho attorneys 4 musr m,I
an extra effort to have their cases rsad %
for trial. He said this thing of baH:a
cases deferred, was getting worse a.
worse ever since the court had hasr
moved to Wilmington, and he tbou.I
the best thing that could be done vonI
be to go back to New Castle. '1'
The case of James j. Monaoh.,
vs., the P. W. &. b. r. r. Comeaa
was called, and jury drawn. CbaI
B.Lore, Esq, for the plaintitfand(ieo
Massey Esq for the defendants, m
is an action brought to recover d.,
ages for injuries the plaintiff Sustain,
on the defendants, road as he was \
ing as a passenger.
Mr.. Lore stated that on the 9Th
January 1881, as Mr.. Monaghan vi
resided in this city and TRANSACTED IN
mess in Philadelphia, was retumI'
home an accident was caused bv
misplaced switch, at or near LamohI
That at the time of the accident be
setting in his seat In the car and N
by the shock thrown out badly iniu,s
James j. Monaghan, testified that
resided in this city, and was trsyeli
salesman for dry goods firm in Phi
delphia. The witness said that on
9th of January 1881, he took passage
the 5.15 o'clock train in the aftsrn,
at Broad and Prime street Philadslpb
for this city, and that wheu the Ira
reached Lamokin there was sma
up.
Mr.. Massey for the defendants A,
that for the purpose of shortening
case, he would admit that there was
accident which was in measure csus
by the negligence of the co1npsuj
employees. He would also admit d
the company was liable for a cert,
amount Of damages.
Mr.. Lore accepted the offer Of couus
and proceeded to examine the with,
respecting the amount of injury hsh
received.
Mr.. Monaghan said that after
accident he was brought to this
and taken home, where he was attel Y
ed by DR.. Grimshax. He was condl !
to his bed for two weeks, and was
able to resume his business until y
llth of April. After he went back !
the store he was compelled to y
again in May, and was not able I'd Y
anything until October. At the !,
Of the accident he lost about Sl0O wd Y
of clothing and his loss of time y y
bills for board, medical attenda1 !.
&C., would swell the amount to ab y
$S75. '
Mr. Massey cross examined the |.
ness, and brought out the fact that
ing the time of his disability, his
ular salary was paid him BY the
and that the only actual loss OF 1t
was the extra commissions whicl th
received on all sales in excess Of "a
600.
DR.. Grimshaw testified to b
cal led to attend James Monaghn
10 o'clock on the night of January
1881. He stated the nature OF tn' y
juries and how long he attended hl A.,
Cross examined by Mr.. Massey Ss
not think that there was any ~
formed on the brain or he would M
have recovered.
The jury in the Courtney, Ia dbl
ca.e came in at 1910 o'clock VI nes
verdict for the plaintitfofSlOOO pss
ages, and costs which will amou'
$500 more.
The case of Monaghan was resa A.
and several other witnesses were " o,,
to testify to the plaintiffs condlno ,,sr
tore, and after tie accident. vT
The Court ut 1850 O'Clock adIou rS,
until o'clock this afternoon S4