Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1888-06-01
FOURTH EDITION
rms MorniuE's court.

Hug Judge hOu3tOn cnhtkcu tnu jury ~
1 he case Of Ella T. Kyue vs.. the Will
mington g. Northern Railroad Com.
lpany. In opening, the judge reverted
lhsye been before the court during the
past few terms 10 which damages were
tolalmed for injuries which IL was 81.
Il,dRed we're RI ceived through the negli-
eeuce OF the master. This case he said,
yss diff, rent from any Of those that
tbaye been tried, insomuch as 70 10 q
case OF Q parent 10 recover damages to
his child, which IL 10 alleged was in
iurej through the negligence OF q cor.
poration. He then read the law In re-
lation 10 railroads at crossings, and said
1t had been suggested that the railroad
lcompAuy should have constructed o.
tunnel at the Barley Mill road, but tho
Testimony OF the enRiL ctr showed that
Ithis would have bsen impracticAble, as
III would have bssn flooded with water.
In all these matters the company had
Ito be Quilted by the advice OF their en-
gtneer, aud were not compelled by the
law to oonstract their road In such .
manner that 1t would be useless 70
them. They were. however, bound t.
keep the public road Ia safe condition
sior ordinary travel, and II the jury were
lEOAh tno cNlupuOo tu1t bulb DhI
oael 60; Q, they would have to find for
the def ndant He also read the Ia u In
relation to the condition in which rail
iroAi companies shall keep public roads
lat places where they are making croas-
linRs, and said that II the jury believed
THAT the Barley NH road was not in
that condition on the 18th of October,
ileS6, then they would he obliged TO and
for the plaintiff. In regard TO railing,
(which IL was oiAimed sbould have been
placed on this road, be said the com.
Ipany was mot obliged to do this until
II 8 ground had settled sufficiently to
lnold 1t 10 place.
II, however, the Jury were satisfied
lfrom the evidence IL at the accident WAS
1cauted by any violation Of the law on
Tho part OF the defendant company, then
1.-The plaintiff Ia entitled 10 recover. The
Hurry, however, must not lose sight OF
the fact u a. 10 every case where suit
10 instituted to recover dsmaaes the
plaintiff must clearly SLOW that the In.
ljuries we're the result Of negligence on
Ithe part Of the defendant. Therefore,
before The Jury can render q verdict for
The plaintiff in this case they must feel
assured that the accident was solely
tho result Of negligence on the part Of
Illus Iup0uy. Lnoy WCEb hlhO DOuuu
take into consideration tie nature Of
ths horse the plaintiff was driving 1t
b 81 been shown that II was spirited
beast, but tho jury must be satisfied
Ithst It YVES . dangerous animal. before
they can exonerstc the defendant from
kblame.
I The plaintiff IN this case was In the
care Of her natural Protector and guar
l. ian 81 he tins OF tue accident, and n
the jury believe thst be was guilty oil
Isuy contributury negligence which
would prevent him recovering dam.
sges for himself, then be could not le-
heoyer for the child. 1t was, therefore,
fof item to carefully consider II the
fa,har WAS gnilty Of ay contribufo7y
',eRligence. and If so how much? The
Q mpany was bouhu 70 aee that at the
c'oso of each day, when their men
eessed work, that the CRUISING was In 0
safe condition, bat they we've not bound
t. keep men there day and niRE' on The
watch.
The charge wBs concluded at Ii
o'olook, and the Jury retired. Mr.. Bird
asked the Court TO note bis exceptioAI
to stversl points In the charge.
) L o. VsndesrIit gave notice that he
would apply for q writ CT habe6e norpul
in the oase OF John Mcmahon, who II
now in jail charged with throwing the
atone which oAused the death OF an
IialiaD ut tho cbcus grounds . few
weeks since The oourt decided 10 b 81
argument on the motion o. 10 O'CLOCK
Tomorrow morning
A jury was then drawn and the case
lof Annie Hossiuger va. William Dean'i
Isxecutor WAS taken up for trial, with
Lore & EmmoDs for the plaintiff and
Benjamin Nields L for tie defend,
Iaut. This action 10 to recover or a note
for 80 800 given on December 10, 1879.
to the plaintiff, by william Dean, and
on which interest was paid until De.
oembev 10 1885. The claim nov is fol
50 805.l0 Waen he made the note ht
lgsvs ~ security 200 sbayes OF tie Kia
Densi WoGlen Company, which NJ tn,
time we're Va ue6 ri $50 each
In 1883, William D.sn went t. the
tp'aintlff ard induced her to give vi
these suretles and accept In their plael
an equal mum Der OF shares OF the Deaf
Wooden Company.
The defense alleged o failure on tn
lpsrt Of the plaintiff to demand psymen
on the note at mAtnritY, y lille taa pl ain
till commended that this WAS not necee
sary, an the defendant hal acknowl
lodged the Indebtedness by ooBtlnuip
to pay the inLetes. on the note mp to til
time OF his desth, and by changing th
iseeurity after the note had mRturei.
There facts were submitted to th
Icourti who charged the jury that ID
A plaintiff was entitled t. recover, an
the jury, Without leaving the boz, rem
dered verdict for the plaintiff for So
806 10.
The same jury tried the case Of Jam
Roberts vs.. Joseph Dean, the execu.,
of William Dean, deceased. This W
- q tuit to recover on q note Of 81 600.
oI As the facts were about the Same
b In the preceding CAGE, the Jury rel
r deted verdict for the plaintiff (,
81 ,t05.50, bsing the full amour
telsimed, with interest to date.
The same jury rendered verdic
against Deans executor In the iollo,
Ing oaseo: John Slack, 81. 092. go; ia
lei Slack, 81 800 60
A c1uTt OF General Sessions vas tht
Va opsu6d, and the case of VIM, Bsrfad,
~ charged with dealing In lottery polioit
20 wSs taken up for trial, with Dspu
Attorney General Davis for the Btu
eS and Harry Emmous, Esq for the d
7 Tense.
e Sergeant OF Police Taylor testli
N tina: from informstlon which he
neived, he arrested the accused at Blk
OF and ratnall streets on May 4th. Aft
nc he took him to police station he W
SEARCHED and a lot Of policy DRAWN
and dve-cent pieces we're found In
pocEe.s. He also found q policy b.
his possession, aud Mr.. Davis ofi6I
1t and this slips In evidence.
Tue Jury In the case Of Ella T. Ky
IVA TIM Win In ntn and u.
lroAd Company came In NJ IL 40 o'clC
with q ward n, for thu do N