Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-12-04
Yesterdays COURT.
Centiauatioa Of the Kent Csas Againss
the City 10 Recover Dam.gss-A ver.
dior Agaf.st me CITY I'm tho UoIuuhoun

cenuauation Of the Kent Cass Agains
the City 10 Recover Dsm.gss-A ver
dtcs Against the City I'm tho CoIQuhouI
Case.
Court resumed proceedings at s o 'clocl
on Friday afternoon. with Chief Justio
Oomegys and Associates Wootten an(
houston on the bench. The trial OF th,
case OF Daniel II. Kent vs.. the Mayo
and Council Of Wilmington was sQair
taken up, and Daniel H. Kent, who
WAS on the stand whom Court took tn,
noon recess, WAS called and Cross
txamined by Mr.. Turner.
William p. Voshell WAS sworn, and
testified that he was in the carriage
with Mr.. Kent VIXEN the accident oc
CURED. They were on their way to the
wharf 70 meet the family of the wit
ness, who Game down on the boat from
IPhiladelphia. When the horses plunged
into the trench 1t was quite dark and
pouring rain.
| On Cross examination he said that be
did not recollect having told Mr.. Cul
berS on September 10th, 1885 that the
horses were but slightly injured, and
| tnat Mr.. Kent worked them the next
day.
James B. Thomas, colored, was sworn
ana testified that he WAS hostler for
mr. kenti In 1885, and recollected the
uay OF the accident The horses were
all right when Mr.. Kent took them out
put were In very bad condition when
ne brought them back. The witness
attended them for three or four weeks,
and then took tht IN TO u farm. He was
two hours In getting to New Castle
b..
lame.
On cross examination he said that
When the horses went out he consid cred
them well worth $1,000 but did rot
thlnk they were worth more than S2b
apiece, when they were brought in. He
mad been employed by Mr.. Kent rs AL
hostler for the past Ave wears. until
about one month ago.
Charles ii. Rlwell testified that he re.
sides near Salem, and remem bered
when Thomas brought the horses to his
farm. He knew of the horses before
they were hurt, and thought they were
worth from $500 to 5000, but when they
were brought to bis place be would not
have given over 800 for the pair. He
mad the horses on his farm Abeut nine
months, during which time he attended
and d0ctored them continually. At the
end OF that time he sold one for Si6b.
and sent the other back to Mr.. Kent.
robert M. Gibson testified that he ia
horsemAn, and has been In the bu,i-
ness about forty years. He knew Of
these horses, and in his opinion they
we're not worth over 5000 after the acci-
Gent. They we're both sprained. and he
9to not think they would ever get we'll.
ne thought they were worth $500 or
pSOo before they were injured.
Enooh Moore was sworn and then de.
scriDed the trench in which the horses
ieii. The trench was diagonal across
part OF the street, and was filled in the
Jay OF the accident. Hedid not see the
norses when they went In, but after
they were taken out the witness took a
heavy pieoe OF timber from his ship
yard and blocked the place to prevent
Any one else getting into 1t. The next
morning he notified the Water DepaIt.
ment and they sent their purveyor, Mr..
DouRherty, down to attend to 1t. The
witness passed the place about two
hours previous to the accident. and
was positive that there was no light
or signal of any kind to warn II
persons of their danger. He saw theI
men when they were throwing the dirt
IN on the morning of the day the acct |
lent occurred, and was positive that 1t |
was not ram med, neither was apyi
water run In to make 1t settle.
John j. DouRherty was sworn. and
iestified that the work on Fourth street
was done by the Water Department
lnder bis supervision. They took uDl
lot or Old pipe and put new In It's
place. When the trench was FLIED upi
me earth was thrown In and covered
With stones. 1t was not rammed or
,uddied In any way, but when he left
: be would not have been afraid to
iave hauled ton weight over 1t. Ill
vas firm and solid until the rain came
On cross examination he said that he
laa asuperintendenoe Of this work and
'sd used all due care and skill in hav-
ng the trench filled; 1t was not custo
nary to ram or puddle the earth In
hese trenches, as 1t added considerably
o the cost OF the work, and he did not
hlnk 1t necessary In this case.
In rebuttal Mr. Lore read section of
ne ordinance which requires the Water
department. to ram or puddle all places !!
'here pipes are laid. and then asked
be witness il this had been done; he
eplted that 1t had not. Mr.. Lore an.
ounoed that he would rest with thisI
illness. and the jury was discharged @
ntil Monday morning at 10 O'Clock.
me jury In the case OF Co.quhoun vs. 7
10 Mayor and Council came In at 4 sol v
clock with verdict In favor Of the n
aintif for S425 and 6 cents damages o
lth the costs OF the case. u
The hour from 10 8 O'Clock was cou- o
IN ed In 1tsposing of minor motions, I
ter which Cours adjourned until 10l p
clcck this morning. jc'