Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-02-12

morning the jury In the case OF hooih-
son Va. Simpson were charged by the
Chief justice, that before they Gould
render verdict In favor of the plaintiff
they mus. DO satisfied thai the injuries 81
the plaintiff were caused by the negli
genoe OF the defendant He then fined
what constituted neG ligencc, AMI said
that on he ether hand It WAS claimed b.
the defendant that he had nothing 10 do
with the hoarse, and was only pass n
ger. II is also claimed by the.dciendant
that the accident WAS Unavoidable, as the
hor was beyond CONTROL and was run
ping away. This Ia 9 contention that IL
will be for tie jury to settle. 1t NUT,
however, be remembered ttat racing on
the streets Is forbidden by an ordinance
OF this city, and even II 1t were not, 1t Is
an act of negligence that would not only
render the diver, but those who were
with him, liable for any accident that
might occur. In conclusion he said that
It was the duty Of the Jury 10 carefully
weigh the evidence and then render their
verdict In accordance with the fac's.
The charge was hn'shel and the Jury
retired at 10. 20 O'Clock.
Attorney General Biggs called the at
tention Of the Court to the case of VIII
liam r. Barber, who was arrested In
Che ter last Friday tor having forfeited
his bail on q charge OF failure to support
his wife and child. He said that Barber,
who lie now IN the hands Of the sheriff, 10
unable TO funIsh bopds to pay a certain
amount per we for their support, and
that II such an order was made he would
have to go to jail He said that Barber
was willing to support hfr and the child
II she would live with him, but this she
refused 10 do. The Court decided to re-
lease Earber on his own reoognizanoe
and continue the case until the May
term, to see II It was not possible for the
parties to make some arrangements
whereby the parties would live together
The Court then ordered that jury
should be drawn and the case of William
of Wilmington taken up for trial.
When the name of ex- Councilman
Adele was called, Mr.. Bird objected to
hun on the ground that ne, being resi-
dent of This city and taxpayer, was ~
Interested party, aud therefore could not
serve. After argument the Court deci led
that Mr.. Adele was not competent to
serve as juror.
The empanneling OF the jury was then
concluded, aud the case opened with Levi
o. Bird and a. K. sanborn, Esqs., for the
plaintffi, and the Hon. Charles b. Lore
and City Solicitor Turner for the defense.
This is an action TO recover damages for
injuries sustained by the plaintiff April
10, 1881, by stepping into a hole ia q
pavement on French street, by which he
was ruptured, for which he claims Sl5,-
900 dama2es
William KINNEY was sworn, and testi-
tied that he Is civil engineer and made q
plot OF the place where the accident oc.
currt d. This plot was shown TO The Jury
aud admitted as evidence. The witness
then testified that he IN 4de the measure
ments and found the hole In which the
plaintiff fell was about tour feet wide and
about one foot deep. 1t extended across
the pavement.
WI lam II. Robinson, the plaintiff
was sworn and testified that on the might
OF April 10 oil last year, he had attended
church at Epworth Chapel aud was on
bic way up Frerch street near Eleventh
going to his home I'm New street, Mint
ward. lie did not know that there was
hole in the pavement until he fell into
1t. There was no warning signals nnt
DO light of any kind, and as the nigat
was very dark his did not see or know OF
the hole until he fell into 1t. As he fell
he threw out his hands to save him self,
and immedlately after felt a sharp pain
In his groin.
After reach ing his home and urdress
ing he found q lump about the Size OF AZ
acorn, but upon rubbing IL he found thai
It disappeared and the pain left him
The next morning the swelling and tn,
pain returned, and while he was at bill
work during the day was Obliged to Iut
this lump down as often as twenty-five
lines. That evening he called on DR.
shortlidga, lis family physician, and o.
finding HIN at home went to z. james
Belts establishment at Sixth an a Market
streets.
After NAL Ing an examin alton Mr.. Belt
informed the W tpess that he was seri us
ly ruptured and would be obliged TO veal
a hard rubber truss. He has worn truss
from that time until the present, and ire
quently suffers severe pain. Previous tt
the accident the witness was earning SIS
a week, but at present Is only able tc
earn 10 per week He has also had e
have help at his Work on account of thi.
rupture, and has paid out $40 for tha'.
The witness was subjected to long
and searching crofs-examiuation by Mr.
Lore, during which he admitted that ths
only injuries hich he rec lived WAS The
rupture.
DR.. ShortlidSe testified that be has beer
the family physician of the plaintiff fol
the past fifteen yearr, but had never at.
tended him directly for the rupture. II,
had, with Dr. Wales, examined the plain
till aud found that he was badly rup
tured. The witness had stepped In th,
hole himself twice at night IN December
1887, and cal ed the attention of the stree
commissioners to its existence.
On cross examination by Mr.. Lore tn,
witness eaid that there was no doubt il
his mind that rupture, snch as tn,
plaintiff has suffered, would interler,
very seriously with his attending to hi
| work.
| DIR. Wales testified that he had ex-
amined the plaintiff at his office las
Saturday night and found that be lie sui
feriDg from pronounced rupture.
| At O'Clock Court took recess until ;
O'Clock this afternoon.
| @-o@