Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1888-02-16
srILL ON rRIAL.
Harrigan vs the Oity of wilmington
Testimony FOR the Prosecution all
In. Tho Defense Opens.

CITY OF wilmington was resumed.
Daniel n. Stewart, contractor, WAS
recalled. Witness had examined the
house in question on last Saturday.
The brick walls were badly cracked
clear through both stories. Some Of the
doors In the house had TO have two
inches cut from one side Of them before
they would shut. Before the damage
the house would rent at from tl2 to Sl5
per month. Would think IL worth
about half as much per month now
witness would not live in the house
rent free.
Patrick FAhey was called, but was
not in court. Mr.. Bird asked that he
be allowed to testify when ne could be
found, as he had examined the property
and he desired his testimony as an ex
pert Tho cOuIt granted he request
and the plaintiffs rested their case
Oity Solicitor Ball In opening the
case Tor the defend ants, said they de
MED that the city is responsible for
damage cAussi by oveI6Jw. They
would show, he said, that these savers
and inleis were constructed according
70 plane furnished By the Ohlst eng inser
OF the oity, man VINO was one OF the
leading men In the pro rofession. They
would also show thRt the city had kept
Its sewers AID inlets IN order, Tue
land where the house Of the plaintiff
stood was naturally low and subject to
natural overflow OF water and that boys
skated on the very lot where the house
now stands. Toe city had txpe ded
thousands OF dollars In this neigh Dor
hood to prevent this natural overflow
Fee plaintiffs property had teeu i'm
proved 61 the expenditure of this
money. They would also show that
the city was not responsible for any de-
feo,s In the plans OF sewers OF inlets or
for damages from surface water
Frederick II. Robinson, chief engi
neer OF the engineering and survey ing
department, Was oAlled. He stated
that the plans for these sewers were
prepared by Myers c OonwelI, then
chief engineer. He was n thorou1h b
and competent engineer. A numter OF
plans were shown anu the chief egei-
neer also explained the natural level Of
the streeis and the position OF the sew.
eis on . CHAT Never knew OF any
damage to property by the water OF tbs
Cbris,iana
b. II. ToTnsand's name wAs'oAlled
but he Was not present,
VIM. y. Robinson was called. Was
o member Of the Strnet COMMITTEES OF
tity Oouncil at the Il na OF tha build
Ing OF the Adams street sewer AS II
was only desired to show that the
sewer was huilt according to plans by
the Ohiet Elglueer, and ~ the plain-
thi acknowledged tht :, Mr. Robinson
WAS asked no further questions.
| David II. Doyle, Street Commits mel
at the time OF the building OF the Reed
atreet sewer, was called It was butt
according to plans furnished by Lhe
Ohief Engineer. The sewer was built
Oy Washington Cox, and under the su
psrvision OF the witness. Witness be-
lieved Mr., Con we'll was Chief Engineer
At the time.
Dennis j Mention to t fied inst h,
had lived in the western part Of tn,
city for 81 years. Was iami lar viii
the section of the city In the vicinity q
the Reed street sewer The lot OF
which the Plaintiffs house noF stand
was formerly frog hollow, and va
generally hlled with water IL WA
soft. marshy ground and to cgrt4iI
extent Was filed with water wheheyel
there was rainfall, Tho storm o
July 20, 1895, was heavy fall of am
II the sewer mad betn OF four ,imFs IL,
pressI capacity 1t could not have cag
risd II the water. ii ave seen The tidG
Of the Christians come up to Maryland
avenue Within 400 feet of X ed street
On cross examination by Mr.. Bird
the witness stated that the sewer and
inlets were enlarged in 1886 THIS VIA,
done Tor the relief Of the whole neigh
borhood.
Councilman W. 81 Qulnn testlse
thst he hs1 6sen fauuilisr with the 10
oality for mauy years. The HarrigaI
10. was low swamp and generally
oo7eted with water The W tBess haC
skated over IL in '6l or SO.
j, Wesley Carey was cslled--Livl
226 Adams street. Have lived about L
years IN tue Sssigra p4tl uf the city
D Familiar with uarfiss4 lot Whel
witness was a boy no remsm bered th
lot as lew swampy one Remember
5 cd when there was "a bcidas on FeUn
street, before these sewers were con
structed, lad sesn the btidRe cover
with water Tde adjoining lots wsr,
then covered Sish water luSiug thes
7 freshets.
henrg r. Pioksla ~as called Bear
familiar with the locality Il lle CT o.
'63 Shipley run carrisd I'll Abou
!. twenty times As mach water rs tl,
Other streams. The Shiplsy Ruu ha
been ruu by ths city down Monro
street In a twelve or fourteen foos sewer
Sewer had four or Ave times the cap9c
ity Of the original natural run Wit
ness thought the bni dug OF the sewerl
was decided benefit to tbs propeftie
the Vici,y of tbe HartigAn lot Tht
land In the violuity vas ali low, mArshl
land aud have seeG it covered with wa
I ter. IL wAi to present these loJs belul
owe Il wtd That tn city Quilt thes
sewers
? Joseph L Carpenter, Jr,, was called
Member OF Street and Saver Depart
ment; as far as had time had mad
1 himself fami'isr with the sewers q
r tha city; bSve known tha lncIlity O
this plRiuEiff q lot for about twent -tw
'. v -nre; lots were lower than the bed Q
9 Front street; ground was rAthe
= swAmpy; this was the kind OF land o
!. which the HarrigAn heuss was built
considered the huilding OF these sewer
o great benefit to theee nrOpsrtiee; III
money value Of the lots was also III
CREASED by them; examined HArrigan
house at the request of tho defendant
ojunsel; there Is no perceptible craok
In the wall OF any cOnssQ uedce; IN
4 front wall has q crack in It, but th
/. gables have none; the crack In the frou
! wall the witness thought was oause
: by the natural settling OF the building
a there Is some defects In he floors who
n the witness thons ht were caused by tn
4 decsyiug Of the joist; the cracks hav
q not I'M jdred the houss to any great 81
. tent, but the settling has; thought b
J could rent the honse in twenty. fou
: houn for $3.50 per year.
a Court adjourned uHtil 10 O'Clock thi
morning.