Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-02-14


Argument in the case Of John Robinaon
Va. Francis q. Simpson was finished in
superior court at $40 O'Clock, In the
afternoon, when court adjourned until 10
o'clock, Monday morning.
The Jury In the case OF John Robinson
vs.. Francis o. Simpson was charged by
Chief Justice Comegys at Tuesday morn
ine's session Of court. The questions for the
Jury to determine the charge held were;
Was the collision an act Of negligence;
WAS the defendant responsible for this
negligence; did the plaintiff in any way
the Jury considered that the ooi-
lision was purely an accident the
defendant was not responsible, but
If the injury was due to q lack
of proper care and management on the
defendants part, then he is responsible
for all damages sustained by the plaintiff.
Fast driving and racing on the streets are
prohibited by law, and the streets caunot
be used In this manner to the detriment
of people on foot. Further, the defend-
ant would not be liable il the jury be.
lieyed he had nothing to do with the team
a. owner, hirer or otherwise.
At 1920 O'Clock the jury retired.
The case Of William q. Barber charged
with falling to support his wife and child,
was called up by Attorney-general Biggs.
He said that Barber was willing to con-
tribute towards their support IL his wife
would livs with him, hut this she was IN.
willing to do. Under these circumstances
the court was unwilling to make an
order, and the case was continued until
the May term.
The case of William a. Robinson va.
the mayor and Council OF Wilmington,
was next started. This IA an action for
damages, laid at $4,000. The plaintiG
alleges that on the night Of April 10th,
1888. while passing out French street, be-
twean Eleventh and Twelfth, he stepped
into an excavation in the sidewalk, which
the Street md Sewer Department had
allowed to remain there, and by reason
of the fall sustained Q severe rupture.
Levi o. Bird, Esq, was plaintiffs CONN
sci, and City Solicitor Turner and Hon.
ChatleB b. Lore represented the de,
PENDANT.
SKw QUESTION RAISED,
When the name OF George Adele was
drawn from the panel rs one Of the trial
jury, Mr.. Bird raised the question that
as MIR. Adele was O citizen and tax payer
OF Wilmington, he was incompetent TO
sit as juror in suit against the city,
as he was On interested party. The 70.
suit involved money RAISED by taxation
and as taxpayer he contributed to the
fund raised. Therefore, every tax payer
ia directly interested in suits against the
city and consequently incompetent to cit
az Juror In the trial of such suits.
Mr.. Bird quoted numerous authorities
in support or his proposition.
Mr.. Lore opposed the logic OF this
claim. II this view is held, he asserted,
q suit against the trustees Of the poor OF
New CASTLE county could not be tried
here, IN all the tax payers Of Esw CASTLE
county are interested In that body.
The court ruled in favor of Mr.. Birds
point, and Mr.. Adele was not permitted
to enter the box. Councilman William
@. Baugh, member Of the same panel,
was also excused. The panel was ex-
hausted by challenges and tsleBmen were
called, but the first, Lewis Miller, hap
psned to be property owner IN this city,
and had to depart. William Ward, who
was called next was resident of Mary
land, and though both sides were viking
to accept him he declined to serye.
Thomas Wilson also owned property ia
Wilmington. The number OF non-resi-
dents in the court room was limited, and
Parliamentary Maxwell was put to oonsid
erable trouble, but finally satisfactory
jury vas secured.
The defendants counsel noted an OK.
oeptiou to the ruling of the court exclud-
ing citizens of Wilmington from the Jury.
MIR. Bird opened his case and exhibited
a plot OF the defective sidewalk prepared
by OWL Engineer William L. KINNEY.
Mr.. KINNEY said the whole in the side.
walk, which he measured, was nearly six
feet square and sbout foot deep. The
plaintiff, William II. Robinson, said he
was on his way home from church
about 10 O'Clock on the night of
April 10th, 1888, and while walking
out French street between Eleventh and
Twelfth, on the west side o. the street,
he fell into this hJls, which was provided
with no lantern or any other kind of
warning. From the effects of this fall he
sustained severe and permanent rup-
ture. Drs. q. G. Shortlidge and ]. 2.
Wales gave testimony with respect to the
plaintiffs condition,
The examination Of witnesses continued
until O'Clock, when court took recess
until p. m.
The hearing Of testimony for the plain
tia IN the case of William II. Robinson
Va. mayor and Council of Wilmington
was continued 81 Tuesday afternoons
session OF court. II was TO the effect that
the plaintiffs injuries were such as might
produce death at any time, and that the
hole In the sidewalk In which he fell had
been allowed to remain unattended to Tor
several months prior to tho accident that
disabled him. All the testimony with re-
spect to the hole In the sidewalk WAS to
the effect that it was nuisance and o
menacs to the safety Of pedestrians going
along tbs street after dark.
In opening for the defendant City
Solicitor Turner stated that the defence
was: First, tbat the alleged hole in the
sidewalk YVES not as dangerous as it had
been represented to he; and second, that
the plaintiff had not lost days work by
reason of the injury lie claimed to have
sustained by falling into the excavation,
and that he made no complaint OF lis
iujury to those with whom he worked;
also, that the plaintiff had previously
suffered from an affection that predisposed
him to the rupture. John p, Almond
of the firm of James Fl. Beggs & Co., by
whom the plaintiff was employed, pro-
duced the payroll, showing that he had
lost no time or wages by reason Of his
sooident. Mr.. Almond ERid he never
heard Robinson complain Of mis- physical
condition, and he did not know that tee
man YVES ruptured uutil O few weeks ago.
Robinson had been in their employ for
about five years, under an agree ment to
receive Sl5 per week from April to Janu-
AIRY, while brick-making was going OIL,
sni 90 per week from January TO April
At 6 O'clock, court took a recess until
10 o'clock yesterday morning.
Ala (a,clock 111as c,s Y niphi the iurx in