Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-12-05

, Try the case OF Mary WatlAoe OF this city
versus the Wilmington g. Northern Rail
road Company wss called. The plaintiff
IL represented by John Biggs and Levi O.
Bird, Esqs., and tie railroad company by
Edward g. Bradford and L O. Vande.
grit, Esqs.
The Jury selected from the special
panel is as follows: Thomas Davidson,
Wilmington, foreman; David Mccoy Of
Flew Castle hundred, John r. Rev bold Of
Ned Lion, Alex nder j. Hart OF Wiluing.
TON. William X. Bright OF Red Lion, John
Q. Brison of Wilmington, Nathaniel Wi.
Hams OF st. Georges, John A. Ore, ston
Of Christiana, George W. Gray of VII
tnington, Isaac NJ Grubb OF Brandywine,
Jason Davis OF New 0astie.
Considering The eminent legal talent
employed and the character and ability
OF the Jurors, this case promises to be o:
more than usual interest sud in purtance,
especially since the vtIdict to be rem
dered by the jury will probably influence
the result of several other cases OF au
analogous character against the "a lroad
company.
The case was opened by MIR. Bird, WHO
related the circumstances of the aoci.
dent which resulted In the serious injury
OF the plaintiff he said: On the uight
of November 26 h. 1886, about 8 o'olock,
the plaintiff, accompanied by her dauSii-
ter Mary q. Wallace, John Cook Snd
Annie Hunter, was returning on the W. u
N. railroad from dupont station TO this
Oity. The Madison street station of this
company being nearer to Mrs. WalaCeg
home, che, with those who accompanied
her, aiighted at this station, Which they
sound in utter and absolute darkness.
Ihe night was intensely dark and
drizzling rain was falling. The
parties were nil entirely unaoquainted
with tho station Nnd its surroundings,
and after fioundering around for some
time they started for the only light which
they could see in the vicinity, and which
tn y supposed was light on Madison
ntreet. After crossing the many tracks
and sidinRs o. tho W. & NJ, the Il. " p.
aud the r., W. Il b. railroads, all fell
suddenly into the open Madison street,
or Shiploy run, sewer, which ia, AT this
point, 8 feet deep. The bottom was
covered with the foul refuse OF morocco
factories, 30. Into this they ali fell in
heap, one upon the other, and got out
only after assistance had come to them.
The plaintiff has since suffered severely
bnd almost continuously from her in
To- les.
MIR. Bird closed his opening argument
by stating to the Jury that he would
prove to 1t the gross negligence OF the
railroad company in not having ;hs sta
tion and vicinity we'll lighted for the pro-
lection of Its patrons. He fel. surs that
no jury AZ er hearing the evidence which
he would present, could possibly award
the plaintiff less than $2D, 900 damages.
- LII \ N..It -.
chart Of the station and its surroundings
which he had drawn up and In which the
court showed much interest.
The plaintiff, Mary Wallace, was the
next witness, and her entrance into the
room caused quite sensation. She was
brought into the room upon a large re-
Ginning chair borne upon the arms of two
jtalwart men. She was we'll covered up,
reclining at almost full length and app ar
ing to bs almost helpless. With q good
deal of ceremony she was placed in posi-.
tion directly before the jury and at once
surrounded by her daughter and son in
law who famed her necessarily. The wit
ness Is about 60 years Of age, of ANAL
stature and pale, careworn countenanoe.
The scene was rather dramatic and
pathetic. Mrs. Wallace was then exam
ined OF great length by Mr.. Bird and tes-
tilted to the facts Of the case and the In
juries which she received, At / O'Clock
court took recess.
At the opening of the afternoon session
Of court q. G.. Bradford. Esq commenced
rigid cross examination of Mrs. Mary
Wallace, the plaintiff in the suit for
1000 damages against the Wilmington
q Northern Railroad Company. Moth.
ing substantially new or contradictory
was elioited from the witness, who, dur
ing the proceedings, occupied u aoia
directly in front Of the Jury. Sae re-
pested her morning testimony and de-
Ecribed in detail the circumstances of her
fall into the sewer and the injuries froIn
which she has ever since suffered. She
declared that the locality of the Madison
street station was without light of any
kind whatever, and that to one unac-
quainted with the place it wsH very dam
Refous indeed. She and her party stun
bled over the ret work of tracks in front
of the station going towards the only
light which they could ses, under the
impression that il was on Madison street.
Without any warning, whatever, they all
went headlong into this uncovered sewer.
Beyond this she remembered nothing as
the fall had made her unconscious. She
happened il there had been lights or any
one tc guide them to the street.
The next witness called was Mrs. Annie
Hunter, who was member Of the party
and who ia also the plaintiff in similar
nuit for dsmsgea against tho W. d N.
Company. She also related the facts OF
that eventful night. When they fell into
the sewer whers there were many rocks
aud much deep mud aud filth she said
that some men came along aud inquired:
tWhat in the hi are you in there
for.n After this rude and profsne in
quiry they consented to help them ont
and to carry Mrs. Wallace to her home
She did not know whether or not they
were employees OF the railroad company.
Previous tn this accident she said that
the plaintiff was very strong and
healthy woman, but that since her fall
she had not been we'll q single day.
After her oross.exsnination by ME-. Brad.
'ord court adiouraed until 8 O'Clock on
tuesday morning.
The case OF Mary Wallace vs. the vii.
nington Il Norih.rn railroad was con
linued att Tuesday MORNINGS session.
Annie Hunter and Mary O. Wallace, tho
plaintiffs daughter, testified to the acct
dent that happened to the plaintiff on
leaving the Madison street station OF the
Wilmington & Nos.ern railroad, and to
her physical condition since the acci
dent. DR.. Boyle of Philadelphia also
testified to Mrs WallRoe's condition, rs a
result OF her injuries. Testimony for the
plaintiff continued until O'Clock, when
court took recess until $50 O'Clock.
All OF Tuesday afternoon's session Of