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


| superior Court fecOnYened ut 10
O'Clock this morning with the Chief Jus
tlce and Associate Judges Houston and
Paynter on the bench. The case of the
Mayor and Councilo OF Wilmington VS.. q.
Brooks Foster was discontinued.
| A special jury was then drawn to try
the case OF Mary Wallace We. the VIII
mington Il Northern Railroad Company,
with L:vl q. Bird, ESQ.,, for the plaiutifl,
aud E. @. Bradford aud L. q. Vande-
grin, Esqs., for the defense.
This Is suit to recover damages, and
the plaintiff alleges that on November
~, 1886, abe bought ticket from this
city to RocklAnd on the W. 81 N. Rail-
road TO see about obtaining a boarding
house at that place. She was stranger
in this city, and after transacting her
business at Rookland bought ticaet to
return 10 this city, and was told that II
the train stopped at Madison street to
get out there, as It was nearer her home.
Upon reaching this station there was
but one dim light burning, which was
turned out by boy In the employ of the
company. The plaintiff was accompanied
by her daughter, Mary @. Wa lace. and
Mrs. Annie Hunter, and upon seeing a
light In the distance, concluded that It
must be ut Madison street aud startfd
toward It. Alter crossing the tracks of
several railroads they fell into an exca.
walton At what is known as the Madison
street sewer. The entire party fell into
IL, aud were finally re- cued by parties
who came In answer to their calls tor
assistance.
The case was opened by Mr. Bird, who
claimed that the company had admitted
its negligence in this matter by placing
better lights al the station than had been
thfre previous to the accident. He said
that he would prove that, although the
plaintiff was healthy woman previous
to the accident, and had been able to
keep and attend TO a large boarding
house in Philadelphia, she had been I'M
abe TO do anything, aud has been help
less invalid ever since.
He concluded his address 10 the Jury
by stating that the plaintiff claimed $40.
COO damages, lot one cent less, and that
that amount would not recompense her
for what she has suffered and still is
suffering.
Mr.. Bird then commenced the examila.
tion OF witnc sses, and called Frank Il,
Carswell, who identified Draft which he
had made OF the place where tae accident
| occurred, which was explained 10 the
court and the jury.
Mrs. Mary Wallace, the plaintiff, was
carried into tho court room, and seemed
to be very sick woman. A yourg man
sat by and famed her, while n young
woman was very assiduous In attending to
| her.
Upon being sworn, she testified that In
November 1856 she was passenger on
the Wilmington and Northern Railroad,
She came hero from Philadelphia and
took train from French street to Rock
land, where she went to Tee about Il
boarding house that she wished to rent.
Alter transacting her business, the
witLess, with her daughter aud Mrs.
Hunter walked TO DUPONT station, 81 c .
the party secured tickets Tor this city,
She was told that Madison street station
was the nearest to the place where she
was stopping, and when the conductor
called out Madison street, the wiine q
anu her companions got oil the train
They stood on the Platform until the
train passed by. There was but one
| light nj the station aud 1t was hanging up
IN front, but Just as the last car passed
The station ii MAS put out, leaving them
In periec, darkness.
| 1t was driz2llng rain and there was no
person at the station to direct or adv go
them. Although the witness had pre-.
yiously resided in this city this was the
first time she had ever been at this s.a-
lion. After the light was extlnguished
tue witness and her companions waited
Tor some one TO come ana direct or adj
wise them which way they should 90, IA
IL was 30 dark that they could not see
their hands before them.
After waiting some time and finding
that no one came TO direct them. they
started to a light which they saw about
90 yards distant, aud supposed was ut
Madison street.
AT THIS point Mr.. Bradford objected to
the evidence being admitted, and an ar
euuncnt ensued which lasted for some
time. Mr.. Bird finally said that rather
than take up the tune OF the court he
would let tie matter rest, as he thought
he could get the testimony in In another
way.
Tie witness then continued, ard said
that when she started toward the light
she thought she WAS going toward Hali-
son street. Mrs. Hunter had taken the
arm of the witness, and they crossed sew
eral railroad tracks. Before leaving the
station her daughter fell of the platform,
anl told the witness 10 be careful or she
might fall aud hurt herself.
Upon going toward tho light she fell
into the sewer, and did not recover con-
sciousness unti o'clock the next morn.
! aux. 80 "'te htttnucu ny pnyeleiAn,
and since tEen has suffered very much
with pain in her la k and head. She
has never been well since, and on several
occasions had the last rites OF the church
administered to her, as the felt certain
that she was dyiag. She has been con-
hp1d to her bed almost ever since
She kept the board ny house Mt Rock
land about five months. but was sick tho
greater part Of the time. Sometimes she
was able 10 come iuto the ma ket, but
always suiie cd great deal. The bust
meas was attended to by her daughter and
daughter-n-law. Sh. afterwards moved
to Eat Sixth street, this city, where she
started a boarding house, hut on account
OF her Injuries was unable TO attend to IL
She then lett this city aud removed to
philadelphia, where she Was attended by
l1rs. Fulton AMI Boyle of that city, and
Dr.. Smiley, Of Camden, n. j. She llv, d
IN fhliaiclph a about II months, and
Wa confined TO her bed at least half of
that time. The witness returned To thi
city last July, aid has been confined to
hrr Lei almost ever since, having been
on' OF the house but once, until she was
brought TO court this morning.
At O'Clock court took recess.
-
scott NJ. n. Church.
Five persons were received into full
memb rsLip, at Scot NJ. +. Church. at
eoinhunl' n yesterday morning.