Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-12-09
sci, noted an exception to the charge Of

sci, noted an exception TO the charge Of
the court.
The next case open for trial wns that Of
Daniel II. Kent va. the Mayorand couucij
OF wilmington. City Solicitor Turner said
ne was IN the condition of u pu3ilist
sparring for wind, having lust finished
TWO protraoted easGs In succession, and
desired that some ether caae be taken up.
In order that he might have BREATHING
spell. MIR. Lore, plaintiffs counsel, said
,lis witnesses were all present, that they
had been waiting several days, and that
he must insist upon the trial proceeding.
The jury was then drawn. Both sides
INDUCED in challenges, and the panel be-
coming exhausted William W.. hoopes
and y. Frank Townsend were called as
tblHamen.
The case is an action for damages, ON
the ground of negligence on the part of
tho city in improperly filling q trench
dug for the purpose of laying water
pipes, at the foot of Fourth street, leay-
ing n trap into which Mr.. Kent's horses
plunged ON the evening of August 18th,
1885, and severely injured themselves.
The carriage aud harness were also dam
aged, and the horses being fiue animals
Mr.. Kent estimated his total damage al
~ 900.
Mr.. Kent was called and said That on
August 18Th, 1885, he, in company with
William T. Voshell, drove down to
Fourth street wharf with his double car
| riags and two horses. Suddenly the
horses Houndered and fell in the trench
which had been filed mp hut which had
been rendered very miiy by the rain that
fell during the day. The trench was
between the city railway tracks, between
Church and Bridge streets, and the horses
sank 80 deeply TINT they were extricated
only with great difficulty. The carriage
also sank into the mud as far as the
hubs. The evening was dark, and there
was no light 10 marx the OBJ.
stIuction. The horses were badly
scratched, bruised and sprained
| by the accident and could not be used for
a long while. One he now has and drives
occasionally, but il goes lame when
driven far. The other he kept on farm
in New Jersey, for nearly nine months,
when II was sold for $l65. He considered
that prior to the accident the horses were
worth at least 81 900. He considered his
actual loss by the accident 10 the horses
as OF least $500. The damage to the car
riage and harness amounted to about $25.
The case OF Daniel II. Kent VS.. the Mayor
and Council OF Wilmington, WAS resumed
In the superior court at O'Clock In the
afternoon, Mr.. Kent was cross-eXamined
ard said the injured horses originally cost
him 5000 and S2e0 respectively.
William p. Voshell, who was with Mr..
! Kent ut the time OF the accident oGrTobor-
ated Mr., Kent's account of the affair.
James B. Thomas, colored, described the
condition of the horses after the accident.
They were so badly injured, that when he
took them to New Jersey four weeks
later they could hardly walk, and two
hours were consumed In driving over
to New Castle, where they were placed
on the boat for Salem. He considered them
worth $500 apiece prior to the accident, but
when they reached the stable the night oil
the accident he did not think they were
worth more than $25 apiece.
iaCharles IL. Elwell who lives near Salem
N. j., testitles that Mr.. Rents horses were
sent to his farm and testified to their con.
dition. He thought they were worth be-
tween $500 and 5000 before the accident
but when they were brought TO him he
would not have given 800 for tho pair
After keeping the horses for nearly nint
months he sold one for 51G5 and sent The
other back to MIR. Kent.
Robert NJ. Gibson said he saw the horses
after the accident and did not think they
were worth more than 5000.
Enoeh Moore described the location anC
condition of the trench. He said thert
were no signal lights Or any warning Of an!
| kind placed over the place. II had bael
filed In and piled up, but the rain haC
washed 1t out so that 1t was three or fou
inches below the surface Of the street. Dan
yer signals had been put out at nights dur
ing the progress of the work.
John bougherty, who WIS foreman Of tn
water department while the pipe laying ol
| | Fourth street was in progress, described
, | The trench that was dug and explained tn
work done He said when he finished tn
lob he would have been willing to drive
: ton weight over 1t, but the heavy raj
washed away the top and made It soft. U
! crosse Examination he said he used due car
: and diligence In the execution OF the wOr
{ | lIr. Lore read IN ordinance requiring PIP
. | trenches TO be rammed and puddled, an
. | asked witness II this practice was followed
y and he said not The plainttH then rested
MIR. Turner asked for little time to PR
I pa . for his opening, and at 8 o'clock tn
b Jury was discharged until 10 o'clock Mol
g iay morning.
o and twenty minutes, the Jury In the Co
4 uuhoun case came into court wirh Sel
: ,iiet for the plHintin Tor si25 and ~ Is.
At b3D O'Clock court adlphrhta until
1'ojoek saturday morning,
q Al H., 5. ssion Of the superior court, Sa'n
y AFy m ,,ning, ut6i 'he favorable rfpnrF
ths :, ,4miuii.g committee, Go rye iiodf;t
. BtandyWine nun I'D, s'uatht IN u
Il anl5S ot Hon GhIflts d, Lore, was adnltte
asa ulelDbsr Of ths par.
UpDn the favorable report ot AnStih Hh
y rinRttn Esd. com issiOuRr Ia tike test
!. u6ity IN the Gase divorce was granted
e Iizzis Iummis, from her husband, Richar
d Llmmis. Low @. Bird, Esq, was couns'
!. for the petitioner.
ON account Of the absence of tho chit
. Justice, the hearing of the petition
= Franpts Carter. alias "Blg Frank" for dt
d ehargs from imprisonment in the count
q iaN. was postponed until Monday. Alel
It ander j. Cooper, ESD, was willing TO pre-
\, | coed hut Judges Wootten and ltoustO
preferred to await the presence OF tho ehl'
Il Justice.
y Argument was next heard on the rule I
show cause why the sherin's sale OF u
!, property of james Downward on fenhsy
1t yania avenueshould not be set aside. Aust
Z. Harrington. ESQ, and Hon. Charles
n Lore for the rule, and Anthony Higgins, ESQ
m In opposition. The sale was upon a lndgmeI
= originally detained by the Wilmington
No Reading railroad Company, for failure
~ nav a subscription TO the stock Of sail con
many. After the foreclosure ana SAFE OF u
Al W. 4 r. road, the Judgment WAS was translerre
to its successor, the Wilmington nI,,
a. Northern company TO John nj. nv
:, aims who secured execution al
sale thereon, selling the entire pro
~ ertv of MIR. Downward on PEN
o sylyanta avenue, rs feet front, VI IN
1t, nroperty so fest had been released from u
OF Judgment by the original holders theree
be shortly after 1t was obtained. After arg
ut ment the rule was made absolute anu VI
d. sale set aside. ,..-o,, 49,,
he adjourned until 10 O'Clock, Monday lnornin
Snperfor court opened nj lO2O oclo'
be Mnnday morning, Chief Justtce Comegys NJ
er Judges Wootten and Houston on inc behc
NJ on account of the absence OF Mr. hoi
On counsel for plaintiff, In Kent Vs. the citS
in Wilmington who Is IN washington hstg y
~ the oponipR session Of the House OF lsept
" sentafiyes. OF which he is member, 7
hwy engaged in trying the case was o.
he charOe until 10 o'clock tomorrow mornln
IN A Inrv was then drawn In int clse
or Fdwsrd Mulllgan VS.. George Van Ansu
Nv and James A. Dawdon. II. II. Whlu
ar plaintiff: no counsel for defendailts, W
he we're formerlyrepresenten oy lne i..e i ~
al Sharpley, ESD, but had enSasuu, nv 4 on ~
OF counsel since his death, the actloh y o.
VI nSta for s23S "a. with credits OF part ~
he wants hv the defendants, who were "a
mt r,rnnrietors 81 the United States Hotel,
an HID nitv There being no defence, the ~
al rendered a verdict for the plalhuIt
NJ alps 40, the amount claimed.
". The same jury tried the case OF James I,s,
nd 1,alanS ", Joshua Maris' exeeutrix, wht
II inJsment had been admitted by the
in SsnSspt but the plnintifrs connsel stat
Oft tSat piaintifr desired a Jury verdict !,
order TO bind the defendants land, i tl,'
ID was any Lore ,,ets 4 h thnt he claim was
lg, nnn tI collected by the late Joshua MAJ
as counsel for James \. Cleland, from