Daily Republican., 1886-12-09
This morn,nx,s Court.

As soon 40 court convened ut 10
O'Clock this morning, the Jury 10 the
case OF Mary Il. HogR Va. Eliz abeth W.
Lobb's executor were charged BY the
Chief IN 3tice, who raid that this wan
very unusual action, and the first of the
kind ever tried In this court since the
passage OF the married woman's act In
1873. Under this act married woman
can recover for services performed out
side OF the duties which abe performs
for her family. The chief Justice the n
detailed the duties OF wife, and said
that while IL was . part OF her duty TO
cook for her husband and children and
boarder, IL was no part Of her duty 70
nurse that boarder, or care for her In
sickness, any more thaa 1t wss her d uiy
10 act NJ her hysiciap.
This he said vas the law, aad IL was
the duty Of the Jury TO weigh the testi-
mony. and see II II applied to this case.
They would also have TO dstermine
whether the old lady recognized the
plaintiff ~ her nurse, and IL 10 what
compensation ste was entitled 10 for
her services as such The charRe was
como uded and the jury retired ut IL 20
O'Clock, but returned in twenty min.
utes with verdic; In favor Of the
plaintiff for 81 $50 80. tue full amount
OF the claim, with interest.
The trial OF the case Of Daniel II.
Kent We. the Mayor and Council OF
Wilmington WAS then resumed, and the
examination OF witnesses for the e e 90
continued.
IL. b. McIntire was sworn, and testi-
fed that ut the time this ditch Was dug
on Fourth street he MAS Chief Engineer
Of the Water Department.. In his
opinion II would have made this ditch
very dangerous TO have puddled it, and
the ground was OF such n nature that 1t
was impossible TO ram 1t, He remem-
bered the storm Of August ID, 1885, aud
he thought II spflicient 70 make this
trench IN a very soft and unsafe condi
ton.
Enoch Moore was recalled, but his
testimony was about the same as that
which be h Ad given whom examined for
the plaintiff.
John u. Bennett e. sworn, and ties.
tilted that he ia q Clerk In the coal Off G.
Of Pussy A. Walton, on Fourth street
below the railroad. He saw the ditch
before the storm and IL was filled In
and covered up with stone. After. the
sto-m 1t had snnk in aud become very
soft ana muddy. During the storm IL
was very ozark but lighted up after.
wards.
John j. Douyherty testified that the
morning after the storm he vent down,
and after examining tue ditch. bad il
placed In good order again.
Miles Dorsey was s~ orn, Aod testified
that he 10 an employee OF the Wafer De-
pArtmeIt, and sstieted to dill up tne
ditch. There was more care exercised
10 d ling mp Ut he point where the &C
cideut occurred than atany otter.
Horace Wilson testified that in tht
summer OF 1855 be WAS captain of the
steamer BTsndvwine. He fcmem hered
q storm In Auguet Of that year, bul
could not fix the date.
Thomas gilbert was Gworn, and testi.
fed that he had versntion with
Mr.. Nosheil ON bept mber 10, 1885, or
Seventh street near Market, in whilst
he said that be did not consider that the
horses we're much injured, and thai
Mr. Kent said he had lot thought much
about IT until he cav 1t In the news
papers. The witness saw the horses IN
Mr.. Kents etaole after tho accident, bnt
could lot see that they Wers istared, nj
they we've standing up and moving
around the stall. He call Il again u
see them, bat the colored man woult
not let him, and said that he would DO
have got in before II he bad known tha
he WAS from the Water Department,
Robert HsgRn testified that he keep
n livery and boRrdir z stable, and has
pretty good idea of the value of horses
He knew the hoIaos OF Mr.. Kent, ant
thought hes wers OF worth more thai
$500 for the pair.
| JCssph A. Bond wag swcrn, and iden
titled letter which he Lad receive,
fIom Messrs. Lore * Emmons, ca.l!rI
the attention OF the Water Comm issiuu
era 10 the acciaeRt Which had beialle,
Mr.. Kent, and claiming $500 rs as tn
amount of actual damage be had sus
tanned. This letter IVES aiterwarG
placed in evidence.
Charles Jester testified that he knfy
OF the mare belonging to MIR. Kent, bn
did not know anything about the horst
Soc was a pretty fair beast, and Il
thought abe was worth about $3.50.
Mr.. Turner closed with this vii
ness, and Mr. Emmous tnid be wa
willing TO submit the case wlthou
argument, but as Mr.. Turner object,
the Court said they would be limited I
one hour on each side, and Mr.. Eau
mons opsued TO the Jury for the plain
till Mt ii 45 O'Clock. He closed at ~
O'Clock and was followed b. Mr.. Tul
ner, who rpoke until l2 40 o'clock. Nj,
Lore made tho oiotinR arRun ent, Az
the Jury was charged At 1885 o'oloo