Daily Republican., 1886-12-03
FIFTH EDITH


oourt resumed pro.s.,'t
O'Clock this mornips ,so.sU.ssedinn
present. Immedialsn,' n all The
mencement L. o. Vsns after
made the opening srsu rnn,oss'iit
for the plaintiff in thuenI 70
n H2u vs.. the Mayor ana Sa' q Of
WILMINGTON. He cialmssau e =, Cow
nAd been injured 70 a S,. .ast hii
than the suit was ents,s ssseatei
- was customary in case. ~ Ioi, Y
70 enter suit for a. Iea. Of .aa
amount they expected 10 o.. doas.
wanted to be perfeotlv !, =, ast, but
s sssed Tor $500, which wa, ' Io ne Z !,
actual damage sus,aIpsS s' 1903 d
He would not be sa,,sa
thing LEGS than this, snd :. s'
'front.' rom the evidence which I b %
sented, the jury would n,, 10 IL
diot for that amount ~ ~ lln
me me Court several autba, no., tosa
tnst In all cases whore nr ,o,s .
Jured or damaged, thropip,., opsfll
municipality or its nssn 40 %
Liable Liable and the injured party 10 y,
When Mr.. vande,rIft oo,.,
Der OF points on which TOa'l
the jury should be ohs-, as a,is
the authorities from 80 ~ aId
drawn his COL illusions. He C Gu.
hts argument to the mo- IN e''aa
O'Clock, and commended ,5s, t =, y
70 the plaintiffs prope,,, u. u.
oy the natural conci.iop y, va, T
where no built hls bou,o IL. =.
through any fault Of Inc "a. %
agents. He spoke for Il a mi, ', y.
when he closed Mr.. yapdss,i 1--we
bis citaticps to the COR, .,. q
he closed his argument IN h. a';et
The Jury were charged nv ~ ~
Justice, who after reyIev,y, ~. ~
OF action said the city was a ny ~
poration, which acted ,t NV
O'y council and othYa
who are Its agents or teryspS
fore IL these agents make a rai,,
constructing q gutter or ses,, \
cannot be held liza bic, asit isas
Judgment; but II on the o,he,b,'
Undertake TO construct the va,L
Is done improperly the city i, M
DE also said that while h,
iuty OF the city to build gultn
Also Its duty to keep them olsr
good order, aud IL it did moi mn
@ property resulted from tbl. y
he city was just as liable "a, %
'ge as though 1t had been c,n,s
,ole In the street. The obN,,
concluded at 1s.C5 O'Clock and h.
'etired. ~
Hon. Charles b. Lore asked II,
use OF Daniel II Kenr, VI. The
md Council OF Wilmington be ,st
or trial, but Mr.. Turner asked d
70 postponed for . few days, M
hat he was IN the condition Of A
lat spArring for wind He hl
losed with two OF the heavy vt
nd felt tired and worn ont
Mr. Lore said that be ws amin
'roceed with this case at oncs,
al witnesses present who bad b
tendance for q week. he vsI
cry much pressed for time 4
Tould he Q great &C CON mediation ID
D have the ease taken up OF oIos,
iso urged that no legal reasons
cen submitted for n continusuce,
he COURT decided TO have the trlaI
eed and 3 jury was drawn.
The plaintiff was repre- sen ied BY
lharles b. Lore aud Harry Emo
.sq., and the defendants BY chi
Icitor Harry O. Turner.
This action 10 brought to red
amsges for negligence on tas pal
40 city in laying water pipe on ID
treet below the railroad. Il bkl
hat . trench 10 which pipes hal
aid was left in such q cGndi
nat a. the plaintiff was ttI
pair OF horses down 10
Iharf TO meet somt friends, the aid
Hanged into this trench and vas
injured and damaged %
xteDt OF $500 or 81 900, In ajdiaa
DO damage TO his carriage. The
ept occurred on the evening Of Az
3, 1885, ct which time 1t Was pOu
Ain. The suit Is entered ior 81, M
IT. Lore ssid 1t was for the jury 2
,rmine what the Amount shOul
fter hearing the evidence.
ID. II. Kent was sworn, and tes
lat about7 O'Clock in the event.
.ugust 18Th, 1885, he with friend
irving down Fou:th street, beiOS
silrosd. with o double carriage q
air of horses.
1t was raining, and the witness
irving along very carefully %
rect car track, when OF a suide1
orses went down In the trench, =
I'D been filled up, but by reason o
lin had become like q mofs@:
lrrisgs also won't In 10 the huoa
TOOK the witness and two Others
n minutes to get the animals
here was no signal or light o.
Ind displayed TO warn him OIL "a
After being token out the horses
mt to witness stable, but the!
sver been OF much value sincA
me OF the accident he would DO
ken q thousand dollars for ING ~
ad he thought they were dAn
Iily Ave hundred dollar. The cal
~ also IN Injured aud the hAips
On. The ditch or trench IN WIZ
)rses fell had been filed up, ua'
,thing but soft mire In WHICH
NIX. Court took n recess a.
ltil 8 o'cln ok THE a"e-Toon.