Evening journal., 1889-05-16
IAST EDITION
.IE PRICE OF A LIFE.
.NRlETTA v. PARVlS AGAINST THE
p, w. & 3. r. r. COMPANY.

j
Husband Killed Near NIiddletown
asst Year-Brooks Foster Gets a YER
let of One Hundred Dollars.
u he Superior Court reconvened this
rning at 10 o'clock, with Chief Justice
N negys and Associate Judges Houston
i Paynter ON the bench. The rolls OF
4 regular jury and the special juries
NJ the railroad cases were called ana the
III of the case of @. Brooks Foster VS..
n city of Wilmington resumed.
8ity Solicitor Henry G. Turner spent
#rly the whole of the session
reviewing the evidence for the
IN. and in argument. Mr.. Turner was
n owed by Lewis C. Vandegrift, Esq.
b nsel for the plaintiff, who argued for
&half hour. Both arguments were
&ghtened by sarcastic and laughable
#isions to the counsel of the other side.
#'he charges of the Chief Justice was
#Derative and the jury retired at 1915
lock. They were out about half an
D. and returned with a verdict for
85ter of S10975. The city solicitor
8ked very crest fallen when the verdict
/ S announced.
u he case of Henrietta v. parvis VS..
II p, w. & B. r. r. Company was taken
Lore and Emmons are counsel for
L plaintiff, assisted by Alfred Constable
Elkton, Nd; Senator George
/ ~ and George v. Massey Of
Hver, Del, counsel for the rail
La company. On motion Of
Lore, Mr.. Constable who is member
the Cecil county. Maryland bar, was
Emitted to practice at the New Castle
Slnty bar, taking the customary oath.
Is. Parvis, the plaintiff, attired in
8p mourning, her little girl a pretty
Id of about three or four years and and
Hemale relative, sat within the bar, be-
#e her counsel. Mrs. Parvis appeared
8ch overcome and during the opening
hthe case sat with her face buried in
ck-bordered handkerchief, beneath her
pc veil.
Charles G. Guyer was admitted as
snographer for the case.
IL jury was drawn from the special
|nel empanelled to try the case. The
8'ors not drawn were discharged.
Charles B. Lore, Esq, then opened
lat promises to be an important and
eresting case. He stated that
Il action was brought by the
dow Of DR.. John H. Parvis of
ddletown for damages for the death of
II husband by the carelessness of the
PENDANT The amount of damages are
Id at $4,000 The accident hap
|ued near Middletown, on March
1888, While crossing the
lck the carriage was struck by
engine, the horse killed, the carriage
|oken up and DR. Parvis instantly
lled. Cn the day of the accident
4. Parvis went to his farm near
Z. Salem, and while returning was
lied at the crossing mentioned, known
the Frogtown railroad.
The plaintiff would show that the acci-
Mt was caused by negligence of the
|ilroad company. That no bell was
ng or whistle blown, that the wind
owing away from the crossing carried
5ay the sound of the approaching train.
le amount of damages are laid at
70, 900, because DIR. Parvis's life was
1 exceptionable one He was at
at period when his investments were
pc for the best results, and when, if he
red, they would have afforded his wife
plentiful means of support. While
lder the charge Of an executor his
tate had shrunk much in value.
The first witness was Oliver B. Jami-
n Of Middletown. He testified in
lswer to Mr.. Constable's questions that
4 March 6, the day of the accident, he
as driving from Mt. Pleasant along the
ate road toward the crossing, where the
icident occurred. He caught up with
r. Parvis and they drove along side by
de. DR.. Parvis then drove ahead, his
orse going at jog trot.
A map of the crossing was exhibited at
lis point, on which the witness pointed
1t his position on the road.
Witness continued, saying he stopped
I'D then heard the train.
Counsel for the railroad company also
a map.
On being cross-examined by Senator
ray, witness said it was a very cold
ight and that he was driving slowly on
count Of the roughness of the road. He
topped near the railroad for about a
linute and suddenly the train went
Y. A hedge beside the road
bstructed the view of the track. He
-aited until the train went by, not hear
lg it until it was opposite him. After
passed he crossed the track and went
n to Middletown, not knowing Of the
ccident.
At this point court adjourned until {
clock this afternoon.