Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-12-09
sUpERroR ooURr.
A Non-suit I'm the Organ Oasc
Kent Case rOstponcd again ana
Another started,

hiVerhoon Webhi tne otu3e OF the National
Dredging Company vs., the Mayor and
Council of Wilmington, was resumed,
and the plaintiff announced that he rested
his case. Mr.. Hofecker said he was will
ing to submit the case without argument,
and Mr.. Turner said he was also willing,
but he wished the court to charge that
the plaintiff, in order to recover, must
show that the contract waa abandoned
by Council, and also, that II any on ,rs OF
settlement were made by individuals, the
plaintiff must prove that they were
authorized to make such offers, and that
their actions were sanctioned by the
Council.
The court said that these points, as
were all the other issues in the case, were
matters OF fact, to he determined by the
jury aud that no charge was necessary.
At $40 O'Clock the jury retired.
The next case was that Of w. G. II.
Oolquhoun va. the Mayor and Council Of
Wilmington action for damages. Ia. O.
Vanicgrift, Esq, for plaintiff and City
Solicitor Henry O Turner for the de.
PENDANT. MIR, Yandegrift, in opening.
Raid that by reason of the inadequacy OF
the gutter constructed by tho city AZ
Delaware avenue and DUPONT street, the
plaintiffs cellar was flooded and be aus
tanned material damage to his premises
aud personal property, The plaintiff was
called to the stand and testified that in
1883 he carried on drug store
at the southeast corner of Della.
ware avenue and DUPONT street.
lie, with others, petitioned Council in
June, 1883, to have the gutter on the
north side of Delaware avenue covered.
The petition was favorably acted upon
and Street Commissioner Zebley came
out and had the work done. Witness and
others demonstrated with Mr.. Zebley
about the small size Of the gutter, but
he replied that She was street commits
sioner.n The gutter that was placed
there failed to vent the water, and during
the ensuing ~ months, each time It
rained, the water came across the street
and flooded his cellar, causing much
damage. He sent another petition to
Council, in June, 1884, asking that
the gutter be enlarged, and the
street commissioner came out and
examined the gutter, when the chairman,
Mr.. Adele, instructed Street Commits
sioner Zeblsy to make the gutter larger
The work however, was not done, and
more damage, followed at each rain, the
last storm, in December, flooding his
cellar nearly two feet, damaging his mer-
ohandise, and running the concrete floor
of the cellar. The following Monday
Street Commissioner Zebley came out and
enlarged the gutter, after which there was
no further trouble. He asked Council for
damages, placing the amount at $500 and
had an interview with the law committee,
but nothing ever came Of the conference.
The witness gave IN itemized statement
OF his losses, which comprised $500 to
. the building and $2l5 TO his stock.
When the direct examination closed
Mr.. Turner commenced cross-exRmina-
ton, and kept the witness under con-
slant fire of questions until O'Clock,
when court took recess until 10 O'Clock
Thursday morning,
The jury in the case Of the National
Dredging Company va. the Mayor and
Council of Wilmington, came in ut 4C
o'clock with verdict in favor Of the
dredging company for $2,845, with sil
cents damages and the costs of the suit
This verdict carries with il the interest
on the amount claimed from September
9th, 1883. Feeling assured that the
verdict is entirely at variance With tht
evidence in the case, City Solicitor Turner
will make motion for new trial.
AT The opening sof court n urs o.
City Solicitor Turner made motion TO
q new trial in the case Of the Nntiona
Dredging Company VS., the Mayor ant
Council of Wilmington, and gave motto,
that he would file his reasons therefor.
In tho case of William II. Q. Colquhoul
VS.. the Mayor and Council of Wilmington
the plaintiff was allowed to call william
II. Burnett, pending the cross examini
tion of Mr.. Oolquhonn, as Mr.. Burnet
had important business calling him else
where He corroborAted the plaintiff
testimony as to the construction Of tn
gutter on the north side of DelawHr
avenue, and said he demonstrated wit
Street Commissioner Zsbley in reierenc
to its small size and inadequate capacity
He also testified to the damage done I
Colquhoun's property by the frsquei
FOODS.
The cross examination' of Mr.. Oolqr
houn by City Solicitor Turner Wes the
resumed and contained at considsrab
length.
tx Clerk Of Council II, G. Frsut. test
fed that in 1853 the street commit 90 (
CITY Council consisted Of hes-is Alnt
A. Eastburu, David Il. smith, Ihomt
johnson, George Abole and William
Blake, while in 1883 the members wsr
George Ahele, James Murray, Mlllial
II. Blake, David II. Smith and Lewis
Grub.
Samuel Chambers exhibited plot {
the premises which he had prepared AN
explained it to the jury. Mr.. Chamber
also testified to the flooding Of the stree
and tho damage TO MIR. Colqnhcun'sprol
efty,
James e. Newman, contractor m
builder, who bid upon Mr.. Coqlhoun
building, but did not get the oonttAo
aaid if the specifications were carried OF
the building would be good aud ftron
lie sHw the premises after the big ram
the fall of 1854, and saw lot OF mud
the pavement and mud and water in y
cellar. He thought it would require S3'
or $500 to repair the damage.
At IL So O'Clock court adjourned UNI
3o'clock y. m.
In the case of W. O. II. Cnlquhoun '
the Mayor and Council of Wlbnin8to
in superior court, in the aitcInoo
City solicitor Turner opened for the
PENDANT. He said the defence was, fir
that the city had not been guilty
any negligence in the construction of I
gutter complained of, and, secand, Ii
the said gutter was constructed In accoi
ance with the discretionary power OF I
city and its agents.
Amos A. Eastburn, ex-chairmal pf :
street committee, testified that tile gut'
on the north side of Delaware avenue
DUPONT street, had been covered with IT
plates in pursuance Of custom long
vogue of covering cutters ut the interat
ton of streets.
George Adele, present chairman OF
street committee, testified ttnt Colqlibo
complained to him Of his cellar flo
being ruined by the floods, but 81
asked that the city put down new ilt
for him. He snid the enlargement OF I
gutter was ordered in the fall OF IL
and the work done in the spring OF lS'
Councilman William II. Blake said
had advised the street COMMITTEES 10 ]
in new cellar finor for Colquhonrs WI
the latter requested it. He also tthtli
in regard to the construction OF ths .
ter, az did also Councilmen Murray u
Mckenna and ex-Councilman DaYid
Smith. This latter testified that the pia
tiff'a building was erected upon low, :
and sprinRy ground.
Tais ended the testimony and court
journod until 10 O'Clock Friday inefn'l
when the case will be argued.
The case of William o. II. Colq mo
against the Mayor and Council or "
miug'oa was argued ut Friday morniI
session of the superior court IL y "
degrift, Elq., opened for the PLAN
with brief argument to the jury
,ho,, ~ luas,.d tha rnirt at length, cit