Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-12-19
W. Pierce Biggs, William Cooeh, George
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W. Pierce Blggs, William Cooeh, George
Boulden, Benjamin l.. David, Alexander
Deakyns, william Il. Smalley.
the ease IL an action for damages. The
plaintiffs Keep grocery store at Delaware
avenue and JaoEson street, and on the night
Of December 3lSt, 1887, their cellar was
n1oded to tho almost total destruction OIL
u large quantity of goods stored there. At
the time, there was an excavation In Della
ware avenue, west OF Anderson d Sons
store, caused by some plumbing work, the
tapping OF sewer, the city having granted
d permit 10 tho plumber for this work. The
plaintiffs alleRe that the permit fer the
work WAS issued before the plumber had
obtained permission to tap theeeWer, which
WAS u private one. The plumber, how
ever, made his excavation In the
street, and not obtaining permission
10 tap the sewer until late Saturday alter
noon, left the work In this unfinished CON
d!tion until Monday morning. That night
tho rain came, aud by reason OF the exea-
walton the water ran into the plaintiffs
cellar. They further allege that Delaware
avenue was left In bad condition until
April, during which time they suffered
almost constantly from water In the cellar,
although they frequently complained to the
Street aud Sewer Department. Negligence
was, therefore, alleged, and damages
claimed TO the amount OF @8,OuO.
Mr. 6anborn made tho opening statement
for the plaintiffs. The permit issued by the
Street and Sewer Department 10 the
plumber authorizing him to dig up the
street was proved by Joseph l.. Carpenter,
Jr., president Cf the bohrd, and offered In
| evidence. Ezekiel Anderson, senior mem
| Der of the firm OF Anderson h Son,
| testified that the store cellar was al
ways perfectly dry before the street
was dug up, and also described the
| effects Of the food and the damage the
| PtT, had aratatna1 Tina atflm 1epfrOveu
the first night, he said, we're valued at
| $G9S1i. During January, 1858, the water
came 10 the store cellar OF each rain, as the
excavation In the street WAS lett open. lie
complained to Joseph l.. Carpenter, Jr., OF
the Street and Sewer Department, who
said no could do nothing. The street Was
not lEed until April.
All o'clock court adjourned until 2.3t
O'Clock.
Court In tho afternoon adjourned imme
dlAtely after converting to 8 O'Clock Tues
day morning on account OF the lines
Of Judge Houston.
Court met.at O'Clock Tuesday mornint
Chief Justice OomeRys and Judges Houston
and PGynter on the bench.
The case OF Anderson 4 Son vs. thl
mayor and Council of Wilmington, whiel
was started Monday, was continued, Tues
day morning, until Mo day, January l3tn
1890, when it will be resumed.
4 vi uUltOu VI SlhIl5s D' ALDlo, lAsi'
William L. Lyman, Esq, was appointeI
commissioner to take testimony In the cas-
Mary Feuton Vs. Edward Fenton, libel 10
divorce. MIR. Lore also presented peti
ton asking for alimony for the plaihti
pending the trial, and Il rule to show caus
why 1t should nor be allowed was Issued
returnable on Saturday negt.
Tie case OF Ellen Simmons VS.. the DELI
, ware Bakery Company was, by agreemer
OF counsel, referred to referees, to be name
by the parliamentary.
Caurt adjourned until 230 O'Clock, p. N
At the afternoons session OF sugcrit
court, the case of Mccormick Mcksl
ney Va. the defunct Diamond StaI
Loan Association, was started. Johnsto
, < Hayes Tor plaintiff aud Hon. Charlessl
Lore for defendant. MCKINNEY, who WI
a stockholder when the association heoam
insolvent, In November, 1887, iiled an nj
plication Tor the withdrawal Of his pa!
mentJ, amounting TO $3.50, with intere
from April, 1884 but 1t was refused. Su
:, was then brought. Pending tine hearing
Z testimony court adjourned until o'cloc
:. this morning. The hearing OF application
= for liquor licenses will not take place unit
after the trial of the case of Anderson
Son Va. the city Of Wilmington, which wi
begin on January 18th.
Q The suit OF Mccormick Mckinney We. q
i Diamond State Loan Association was co
d tlnuad at Tuesday mornings session.
i There was long discussion over son
i, testimony Messrs. Johnston II Hayes d
Il sired TO Introduce on behalf of tho d
:. fendant with reference to the insolvency
= tho association at the time the plant
! wanted TO withdraw his shares. he desir
to show that Joseph III. Chambers OF Dow
y was loaned $4,000 In series IS, Of Will
o the plaintiff was member, by which trat
v action the association lost $500. AIS
/ that the entiIe receipts Of series Is for tn
1t year were only 1880
d Mr.. Lore contended that evidence as
j. the insolvency OF the association was n
admissible ms 1t had nothing to do wi
n the plaintiffs claim for the withdrawal
IS hts shares. The court ruled that the o.
y dence was not admissible.
II The case was then agued. Mr.. Lo
Ia commended that the plaintiff was entitled
It hi full payments, with interest, amount
IS to 3272 IS, as he had given ample notlca
il his intended withdrawal. MIR. Hayes GO
10 tended that the plaintiff had omitted
ar give the proper notice Of withdrawal,
Q. plainly required by the bylaws. Areume
70 continued until O'Clock, whon court 9
10 iourned until $50 =. m.