Evening journal., 1889-02-12
LAST EDITION
THE CITY SUED FOR DAMAGES.
William II. Robinson Claims $4,000 for
Ininrins H.. :. LII -. al,a sidewalk.

William II. Robinson Claims $4,000 fol-
Injuries by a Fan on the Sidewalk.
At the opening of the Superior Court
This morning. Chief Justice Comegys
charged the jury in the case Of John
Robinson vs.. Francis G. Simpson, and
they retired at 10. Is o'clock.
Attorney General Biggs brought up
the case of William E. Barber, who was
surrendered to the sheriff last week Bar
Der was to answer to the charge of deser-
ton The attorney general stated that
be had tried to compromise the case
without success. Barber said he would
support his wife if she would live with
him. His wife stated that she could not
live with him, on account of his treat
ment of her. She wanted him to sup
port her young child. The court finally
ordered the case continued until the Nav
term. Barber was released on his own
recognizance to appear at that time.
The next case taken up was that Of
William II. Robinson VS.. The Mayor and
Council of Wilmington, Levi G. Bird
Esq, for the plaintiff and City Solicitor
the defendant.
When the third Juror. George Abelle
was called, Mr.. Bird objected He held
that the juror was not Qualified 10 sit ON
the case, which was against the city
because he was a taxpayer and ex mem.
Der OF the City Council. He supported the
claim by citing several cases. Mr.
turner did not object Mr. Lore did. and
was overruled by the court William G.
baugh, member OF the present City
Council, was also disqualified from serv-
ing by this ruling.
Three jurors were challenged by the
defence. The panel being exhausted,
with some difficulty Sheriff Allen Sc
lected qualified men in the courtroom to
serve. One was drawn, who lived out of
the city but owned property within its
limits. William Ward, who is citizen
of Maryland, living in this city at
present, was not objected to, but
declined to serve, it being his privilege
as citizen of another state. Another
was called who happened to be resident
and property owner Nathan Reybold
at last was secured. but City Solicitor
Turner challenged him Branch Giles of
Seal I'd hundred, Sussex county, was
finally secured. After Mr.. Turner had
challenged en- )ther juror, Charles Green
was accepted and the jury completed
9r, Lore then noted an exception to the
jury, but was overIuled by the court
The case was then opened for the plain
tiff by Mr.. Bird, who stated that the suit
was for $4,000 damages fer rupture
sustained by falling into hole on the
sidewalk of French street on April 10,
1888.
William KINNEY. civil engineer, was
the first witness. He testified to making
a plot of the scene of the accident and
exhibited it, The plot was put in evil
dence. The witness testified that the
hole was about six feet long by four feet
wide, foot deep on one day and six
inches on another day when dirt had been
thrown in.
William H. Robinson, the plaintiff
testified that he was returning from
kpworth M. +. Church on the night of
the accident to his home on New street.
IN the Ninth ward. He described the
details of the fall, caused by stepping
into the hole and the injuries caused by
II. and his getting truss from z. James
Belt. Mr.. Belt told him it was a danger
GUS and permanent rupture. The witness
testified to the trouble and pain the rup-
ture caused him, and to the loss of in
come caused by the inability to earn good
wages, by reason of the rupture. Mr..
Lore put the witness through a rigorous
crOss-examination,
DR.. E. g. Shortlidge was the next wit
ness. He is the family physician of the
plaintiff. The doctor testified that Mr..
Robinson was dangerously ruptured.
The witness had stepped into the hole ON
French street and served notice on q
member of the Street and Sewer Com
mission or on the street commissioner.
DR.. ]. p Wales corroborated Short
hdges testimony and court took recess
until o'clock this afternoon.