Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1884-12-06
Eff TIL EDITION,
This her.inx's se.,,.-

OouIt resumed proceed,nna
CLOCK this morning, with ali g. ~ s0.
present. Immediately sf,a, .le Judgs|
Ing the Jury in the case 81 me open
beit, were charged bv thu " CO., Jones vs|
tioe, 70 the effect that tbs DO ohief Jus
. o,.ty OF negligence. in allouIns. WV =.
lot 70 stand In the street nrh;ss hl.|
sou unattended that he was ' '.;a,u.d|
An ordinance Of this civ IL 90 violating
ana made himselfliable for an !" doing
tnnt might ensue from his ns. u,ianass|
1t had been claimed nv % negligence
Tor the defendant, that the q, s sne counsel
were suspended acros, tho o s, lights
C out s@tneri and also that svs' WIN u
Uity Council. had no rieh, eve, w The
.nem such authority, but h. " giant
think the Court had any thing 10 u az not
that matter. "s 10 DO With
The defendant had .hown 49,,
piaintin ascended the ladds, '. "'., lhe
having anyone 1t the foot n x. .,tnous
ePptoaching danger, and this tbs ioi
, nAnt claimed was Contributor NJ. 10
iigence on his part, and should ny. aes.
LIN from recovering dama0.s pu'
tno evidence On both sides showed Nv, Nv.
the plaintiff and defendant ws,e t 'nN
guilty OF negligence, and tbis 10Y oOsa
not prevent the plaintiff from rs sSUu,a
Ing: '' recover
II the street had been No r,..
the nc rse and wagon could M, NV h 'ass
passsd the ladder, on which tn, I.' MA, Gass
TIN Wa standing, without strikipa "' !.
tneu ne would not have been en,i,lsd y
recover but 1t had been shown NV,
the street was wide enough n allo. .ni !.
to pass without collision In 80,
sion. he said that ifthe iury h sH.U.u,
that the plaintiff was perman" .,a
injured through the negligence Of n.
defendant, they must render A verde,
In his favor. '''u'o'
lie also reminded them that IL ,b.,
should render verdic, for the nI.i.,ix
they must not lose sight Of the fac, tbs,
no evidence had been produced to sbo~
any criminal neg Ii gence on the MR. v ~
the defendant. p'''''
The delivery Of the charge occupsl
about forty minutes, aud a, the close
the jury retired.
3. A. Maca Ulster, Esq, attorney for
the Aid Loan Association, and Walter
Hayes, ESQ attorney fer the Diamond
State Loan Association, made applica.
ton 70 the Court to compel e1.shsria
Martin to pay over To them u $50 which
he had In bis hands, being part Of the
money realized from the sale Of the real
estate Of Henry r. Pickles, which he 70.
tanned for city taxes due for the years
1884. The application was made IN.
der the provisions Of section 70 Of the
revised city charter, which makes taxes
. prior lien on property after the pas.
sage Of that act.
This charter was passed IN 1888, but
~ II was shown that the mortgage had
boon executed IN 1881, being two yean
before the passage Of the new charter,
the Court decided that the money could
not be held for the taxes, bu. must BE-
paid on the mortgage.
George H. Bates and j. X. Bradford,
Esqs., made appl ication to file t1cep
tions Ia the case Of Buckingham & Co.,
use Of Be0j amin S. Clark VS., Elizabeth
Murray's executor, 80 a. 10 take the case
to the Court Of Errors and Appeals.
After hearing the argument Of the AZ
torneys, the Court told them to Try and
settle the matter, and II they could not
they would give decision. After the
jury In the Jones vs.. Belt case retired,
the usual number OF motions pertaining
to the last day Of Court, were:disposed
of.
At one o'clock Court toek recess IN.
Il three o clock this afternoon