Daily Republican., 1889-02-13
SUPERIOR COURT.
WIN. ". ROBINSON vs.. THE
CITY STILL ON TRIAL.
The Jury In the Case of John Robin
son VS.. Francis Simpson Award
the Plaintiff $1,000 Damages.
A Warming.

Court reconvened at o'clock yester-
day afternoon with all the Judges pres
emit. Immedla ely after the opening the
case of William H. Robinson vs. the
Mayor and Council of Wilmington was
again taken up and The examinat on OF
witnesses resumei.
DR.. Howard Ogle testified that he had
examined the plaintiff and had no doubt
but he WAS ruptured. If the rupture
should at any time become strangulated
he was liable to die at once. In hie
opinion the rupture would Interfere very
seriously with his following the busi-
mes. of msehiniss or engineer. A fall
such as the plaintiff su tained would be
very likely to produce rupture. What
makes the rupture still worse In this
case is the difficulty the plant fl expert
euces in wearing truss.
DIR. Tomlinson testified that he had also
examined the p'antif and found that he
was raptured and ruptured In such man
ner that 1t might cause his death at any
| moment.
z. James Belt was affirmed and testi-
fed that he is engaged In the drug bust
ness at Sixth and Market streets this city.
He has q department especially for fitting
persons with trusees, and II is very COM
mon occurrence for physicians to send
patients 10 him for trusses. He remem-
bered the plaintiff coming to him aud
| also the fact that he has had two trusses.
James X. Sewer testified that In the
winter and spring of last year he resided
at No. l130 French street, and the hole
in the sidewalk was on the opposite side
OF The street. He first noticed IL in
February Of last year and noticed that
the bricks were taken up for a space oil
two feet across the pavement, and the
dirt was scooped out, making funnel
shaped hole about 10 inches deep. He
considered 1t very dangerous place,
and one that would be likely to cause a
person to break his leg.
Thomas Holmes testified that he had
on several occasions noticed the hole on
French street above Eleventh, and often
wondered why the city did not have 1t
| fixed.
| Joseph Mellor testified that he lived
nearly opposite to where the hoe was. 1t
was longer one way than the other, and
SCI med to be about foot deep. The owner
of the property had filled 1t up several
times, Tut children would dig 1t out He
considered it dangerous place and knew
that It rem lined In this condition all last
winter and until spring.
On cross examination the witness said
he did not consider 1t any of his business
to notify the city authorities Of the dan
gerous condition of the place.
George P. Hall testified that In the
winter and spring OF 1877 hs resided at
Twelfth and French streets, and had oc-
easion to pass by the place where the
hole was every day. 1t was abont fool
deep, and he considered it q very dan
gerous place. He lived on the same side
1 nj ha or that Ahn hof
Elmer Temple resided at 1919 Frencl
street and was employed as painter Al
the Harlan Il Hollingsworth Company
Works, and passed the place where th,
hole was every day. Sometime in April
1888, the witness fell into the hole ant
sprained his sLkle; upon seeing Mr.
Lally's name on sign posted on the lol
he notified him of the dangerous condi-
tion OF the place.
Paschall Fl. Peterson testified that fol
the past inc years he has resided at No
l10l Frerch street, and knew of the hole
in the pavement. He considered 1t very
dangerous place, and did not think Ii
possible for any one, not knowing OF The
hole, to pass along there at night without
falling into 1t.
vicinity, corrohorated the testimony oi
condition of the place.
Harry Fritz, James G. Morrow, WIN.
liam @. Trusty, Sylvester Quinn, Michael
Mslloy, William E. Hamilton, John A.
Peters, William Townsley, BENJAMIN
Fountain and Daniel J.. Fritz each testi-
fled to the existence of the hole and The
lad condition of the pavement.
William ii. Robinson was recalled and
testified that In addition to running the
engine for Beggs q Almond he also at
tends to the machinery. His wages from
April l, to January l, are SIS per week,
and from January l, 10 April 1, 50 a
week, but had he not been ruptured he
could have OBJ aimed q situation at SIS q
week. He was afraid to take 1t TOR fear
he might lose all.
Wten this witness left the stand Mr..
Bird announced that he would rest his
case. Mr.. Turner said that If the court
would let the case go over until morning,
he thought 1t would very materially y
shorten 1t, and thought 1t could be finish.
ed at the morning session.
Mr.. Bird objected on the ground tha,
he should at least know what the defense
was, before the case went over, and
thought they should make their opening.
The Court seemed to take the same
view of the matter, and instructed the
defense to proceed.
City Solicitor Turner then made hi.
opening TO the jury a: d stated what be
expected to be able to prove, after which
the examination of Witnesses was com
menced.
John P. Almond testified that he is q
member OF the firm oil James II. Beggs
g. Company and has charge of the pay
roll. The witness turned to the roll fol
the week ending April IA, 1889, being the
week the accident occurred, aud showed
that Robinson made six and a half days.
The firm ageeed with Robinson to pay
him t2.50 day from April to January
l, and 50 a week the remainder of The
year. The witness never knew any thing
about his being ruptured until about one
month ago, although he saw and talk ed
with him every day. He never heard the
plaintiff make any complaint about his
Injuries.
The witness did not notice any difIer.
ence In the amount of work done by the
plaintiff. During the summer season,
when he run the engine, he also attended
to ten machines, which turned out thirty
five thousand bricks daily. Since he was
ruptured he has earned, up to the present
time, $632. 81.
| As II was 6 O'Clock when this witness
finished, Court discharged the Jury until
10 O'Clock this morning.
The jury in the case of John Robinson
vs.. Francis Simpson came in at $50
O'Clock, after having been out ten hours,
and rendered verdict In favor of the
plaintiff for 5000 and the costs of the
/ case.