Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-12-02

The Claim Of the Dredging Company
Sustained and the Uisy MUST Pay
SS's4b-A suit AEaInst tho City for
Damages.

The Claim Of the Dredging Uompany
Sustained, and the Uisy must Paw
Y SS,64B-A Suit AsaInst tr,e CITY for
Damages.
Superior Court resumed proceedings
at y O'Clock yesterday afternoon with
all tna judges present. The case OF the
Natfonal Dredging Company vs.. the
Mayor and Counsil Of Wilmington was
taken mp, and Mr. Hoffecker recalled
granklin b. Colren in rebuttal, He
comm enced 10 question the witness in
reference TO the meeting held in South
Wilmington, when the court ruled IL
out and the witness lott the stand.
Mr.. H0ffecker said he was willing to
submit the case without argument, and
Mr.. Turner agreed, but asked the court
10 charge the jury that the plaintiff
contract wse abandoned by Council to
ALLOW them to recover, and also that
;any offers made by individuals for set-
tIenent were authorized by the City
Gouecil.
The conrt declined to charge the iurv
avail and they retired at 20 O'Clock.
A Jury was tbea dra wn and the case
OF William O. Il. Oolquohoun vs. the
Mayor and Council of Wilmington was
taken up for trial, with Bradford and |
Vendegrift FOR the plaintiff, and City ]
Solicitor Henfy @. farmer fur she de- /
PENDANTS.
Thie'is an action TO recover for DAM /
ages TO the plaintiff . property, alleged
TO have been caused by the neglf2ep ce
of the caty in not having proper gull
ters at DUPONT sireet and Delaware
avenue, which caused the water to 1ow
into the plaintiffs q oe liar, undermining
she foundations and soaking the mortar
rom between the stoDss OF the cellar
vail. Tne case WAS opened by l.. @. j.
VaDdegriit, EaQ +, who aftsr stating the
acts to the jury, commenced the ex.
of Witnesses.
Willism U. r. Colquohoun was sworn
md testified that in 1883 and '84, he !,
'wned the property at DUPONT street j.,
IND Delaware avenue, where he carried
N the drug business. In june Of 1881 9
,e and number Of others In the vici-. |
iity petitioned Council to lay a covered Z
utter on the opposite side Of the street, :
o carry eff the water. He saw In the 2
'apers that the petition was reported :
avorabl3 and few days after wards y
DR.. Zsbley, who was then Street Com
missioner, came out to the place and
ommenceo to construct narrow gut
er. Ia
The witness demonstrated wish him D
bout making the gutter 30 narrow, II
ghen he replied that he was Street l
commissioner and kneW.vhat he was I
DING. In q short time there wss n b
ain and the property belonging to the q
7itness was overfowed;; the water q
owed into his cellar and damaged o Il
oS OF goods, and the same thing hap q
ened several times afterwards. This Il
1as caused by the gutter not being tl
lrGe enough to carry off the water. 10
On one occasion the witness lifted up n
ne OF the iron plates over the gutter, p
nd found that 1t was half filed with p
saves and mud. The witness sent q
to Council, complain
ng of the matter, and the Street Conn
1ittee finally csme out and examined p
be gutter After lookir g ct it, Mr.. Il
Abele said 1t was too small and in L
truoted Mr.. Zsbley to have it made T
anger Nothing, however, was done, al
I'D the witness called the attt ntion OF fl
he Street Commissioner to that fact, v
nd said he had no orders 70 do the Il
york. ig
In November or December of 1884, Ii
is property was again overfiowed and O.
he water was mp TO the first step on his 81
svement. The next Monday morning
1r. Zsbley came out with number of
len, and after tearing the gutter up
xed 1t In the way the wi iness had first &C
uegested. After that he was not Ia
roubled with the water; the water had hi
OF flowed on his property until aftey ~
II. Zsbley first covered the gutter. st
TGe witness after ward petitioned :.
ouncil for $500 damages, and in obedi- n
nee to notice he, with his counsel, u
opeared be ore the Law ommittee
nc stated his claim, but nothing was
one in tha matter. He did not think
500 wonld pay the actual damage hei
sd sustained. The witness produced
a itemiZe6 statement of his damages
3 follows: Building, $500; bottles
rob en-, S25; cleaning cellar and pave
TENT, $40; injury to business, $50; re-
airs to property, $5Oi goods damaged,
IS. Total, S715.
The witness was subjected to a
,srcbing cross examination by Mr..
urner, which was not concluded at 6
clock, when Court took recess until
o'clock this morning.
At 8. 40 o'clock the jury in the case G.
the National Dredging Company VS..
le Mayor aud Council of Wilm.ngton
sme In with vrrdict in favor of the &
aintiff for 81, ,845 and cents dams ages,
tsh the costs of the case.