Daily Republican., 1886-12-03
sUPERIOk COURT.

and City Council stsll ON Triai-A
Number of witnesses Examined and
me Evidence ali In,
Yesterday Afternoons session of
Council opened at 8 O'Clock, with Chief
Juetioe Comegys and Associate Ju6 Qes
Wootten and Houston present.
The trial OF the case OF William O.
n. Coiquhoun vs. the Mayor and
Council Of Wilmington, was resumed.
and Dr. John Palmer was called for
the plaintiff. After being sworn he was
asked concerping the gutter, but knew
nothing about 1t except O CON versatiop
among the Street Committee, which he
Overheard.
Mr.. ColQuhoun was recalled and tes-
tined that the house was constructed
strictly In accordance with the plans
and specifications, and that electric
pelis and other modern Improvements
were afterwards added.
Mr.. Vandegrift closed with this wit.
ness, and Mr.. Turner opened to the
Jury, for the defense, by stating what
ne proposed TO prove, after which he
commenced the examination Of wit
netses
Amos A. Eastburn testified that he
was member Of City Council in 1889,
and chairman Of the Street Committee.
be continued in Council until June,
1854. At that time the Street Commit
tee had control OF all sewers and drains.
he knew OF the ground where this
house was built. and knew that there
was tow OF water on 1t from Dupont
street; In his opinion IL was more fit for
q fish pond than q building lot. The
city spent considerable money In con-
structiDg o sewer to drain this lot, and
make IL 40 that Mr. Celquhoun could
build on 1t. He remem bered when this
covered gutter was built, and knew
that 1t WAS the same as all other covered
cutters, AZ IL was constructed under the
supervision Of the Street Committee.
he remembered that after q heavy
rain Mr.. Colquhoun asked him to GO
down his cellar, and he saw that there
had been considerable water there. The
floor was covered with mud and the
ooLcrets looked as though there had
been . bomb exploded on IL. There
was broken demijohn ir the eel lar
which Mr.. Colquhoun said had con-
taine1 liquor. He could not tell what
amount OF damage had been done, as
be only saw the store and cellar.
On cross.examination he said that he
had examined the place when the
plaintiff was building his house and
saw considerable water In the cellar,
which In his opinion came from
springs and from Rattlesnake Run,
which was about on level with it, he
also said that while the gutter was be.
Ing constructed he was ont there every
few days; 1t WAS his custom when werk
OF this kind was being done to drive
around and see that 1t was being done
right. He remembered this place es-
peoially, as there was q great deal of
trouble about 1t.
George Adele testified he is now and
was member of the Street Committee
In 1889. The chairman of the commit.
tee instructed Street Commissioner
Zsbley how this gutter should be con-
structed: After the gutter was made
Mr.. Colquhoun complained several
times about the water running over
and leaving mud on his pavement. One
time, after heavy storm, the witness
went out there and saw considerable
water In the cellar, and upon his ask
Ing the witness how It would get out he
replied that he supposed it would 20
out the same way Ii came In, through b
the sewer. Mr.. Colquhoun told the
witness that the water came In his
cellar from the sewer, and also told
him that II Council would repair the
floor In the cellar he would be satisfied.
DE never told the witness that he had
been damaged to the amount that he
now claims, and he had no idea OF such
thing until the claim was filed by his
attorney.
William II. Blake testified that he
was member Of the Street Committee
In 1852. and IL now. He remem red
that Council bad meeting at the place
where this house was after wards built.
Tnere was low place In the land
where the house was built, and Rattle
sneke Run flowed over the land near
the building line. This meeting was
held for the purpose OF taking action
on the petition, from Mr.. ColQuhcun,
to change the course of the run. The
witness was in the plaintiffs cellar
AFTER heavy rain and saw where the
concrete floor was damaged. He heard
the plaintiff tell Mr.. Abele that II he
would repair this floor he would be
satisned, and he advised him to do 1t,
Dnt as the other members Of the COM
mittee did not sRree with the witness,
u was not done. 1t WAS the opinion OF
the witness that the gutter complained
OF was made too small through a mis-
calculation of the Street Com missioper.
David X. Smith testified that he was
q member of the Street Committee in
1888 and '84. He saw the ground before
this house was built, but did not notice
whether 1t was wet or dry.
James Murray testified that he was q
member of the Street Committee In
1854, and attended the meetings of that
committee. He was present az q meet
Ing which was called to take action on
petition sent to Council by Mr.. Col
quhoun in reference to the gutter.
After examining the gutter the COM
mtttee instructed the Street Commits.
sioner to enlarge 1t, but set no time
when the work ehould be done. At
that time the commissioner was very
busy, and kEd great deal OF work on
his hands.
On-cross-examination the witness said
that while he did not consider the gut
ter was too low, It would have bean bet
ter had the curb been higher, as IL
would have held more water. The
witness suggeeted to the committee that
the gutter should be made wider, but it
was not done at that time.
James McKeuna was sworn, and tes-
tilted that he is now and was q mem Der
Of Council In 1882. He was In che
plaintiffs cellar after the rain spoken
Of in 1884 and saw considerable mud,
but as far rs he nosiced there were no |
cracks in tho wallis. The witness was
told by the plaintiff that tho water
,sme 10 from the front.
Samuel Chambers was reoalled, and L
4 stitied that the tracks or road bed Of
'he b. and o. Railroad Company
would not have any effect in throwing
he water on this property.
On oss-ezaminaticn he said the
DAD would act as a barrier to keep the
r ater from flow ing on the property.