Evening journal., 1889-12-02
HEAVY DAMAGES ASKED.
TWENTY THOUSAND DOLLARS
CLAIMED FROM w. & N. r. r.

The Plaintiff Brought Into Court in y
Perfectly Helpless Condltion-Result Of
FAN Into the Madison street
Sewer.
Tho Superior Court convened at 10
o'clock this morning with Chief Justice
Comegys and Associate Judges Houston
and Paynter on the bench.
Lewis @. Vandegrift Esq, stated that
the case of the City of Wilmington vs.
@. Brooks Foster, had been discontinued
The case was tried at the February term
and verdict of $75 rendered in Fosters
favor. A new trial was asked for and
granted. The case has now been settled by
the verdict being set aside by the court
and a new trial being granted. The case
has now been withdrawn by Mr.. Fosters
counsel.
The case Of Mary Wallace VS. the VIII
mington & Northern Railroad Company,
for 500 600 damages for injuries sus-
tanned at the Madison street station of
the defendants railroad. Levi 9. Bird,
Esq, and Attorney General John Biggs,
represented the plaintiff and r, q. Brad
ford and L. G. yandegrft, Esqs.. the
railroad company. Colonel Henry A.
DUPONT, president Of the w q N. h r.
Company; A. e. McCausland, superin-
tendent, and Francis L. Hills, chief en-
gineer, occupied seats within the bar,
near the counsel for the railroad
company.
The jury Is composed Of clear headed
substantial citizens. 1t was drawn from
the special panel and is as follows:
Thomas Davidson Of this city, foreman;
David Mccoy, Of New Castle hundred !;
John 4. Reybold, Of Red Lion ,
Alexander ]. Hart OF Wilmington; Will
liam r. Bright OF Red Lion; John Q.
Brlson Of Wilmington; Nathaniel Viii
liams Of st Georges; John q. Corbit Of
st. Georges; John A Cranston Of Chris
tiana; George w. Gray of Wilmington !;
Isaac NJ Grubb of Brandywine; Jason
Davis Of New Castle. The special jurors
not drawn were discharged.
The ground of the action is that the
plaintiff, through negligence Of the rail-
road company in keeping insufficient
| light at the Madison street station, on
the night of November %, 1886, fell into
an open sewer and was seriously injured.
Mr.. Bird opened the case for the plain
| tiff by stating the facts of the accident
Mrs. Wallace in returning from Rockland
with her daughter, Mary G. Wallace,
/ boarded q W. & N. passenger train at
| DUPONT station, with Mrs. Hunter
who accompanied them, between ard
o'clock on the evening of Nov. %, 1886.
| They arrived at Madison street station
about o'clock The station lights were
| turned out and the night was extremely
dark They walled a few minutes until
friend came, then started across the
i nfvn do frhf 10 10
/ the Madison street lamp. After crossing
several tracks all four persons fell head.
/ long into the Madison street
sewer, which was nine feet
deep and filed knee deep with filth
from the morocco factories. They called
for assistance and soon some came and
they were assisted home. Mrs. Wallace
was much injured None had been there
before. Mrs. Wallace had been bedrid-
den from the time Of the accident and
damages Of $50, 900 were asked for.
Frank R. Carswell, architect, testified
to drawing plot of the locality Of this
accident. The plot was shown, and Mr.
Bird assisted by Mr. CaTswell explained
its details to the court and jury
Mr.. Carswell gave testimon,
regarding measurements OF platforms
and between points in evidence. He alst
designated the position of the stree
lamps and lights. Mr.. .Csrswel was ex
amined at length by both sides .snd every
dimension and Typographical feature
brought out.
The plaintiff was called and WAS carried
in from the witness room by two Of he
sons, reclining on pillows in an invalidi
chair. A shawl was throw
over her form and she wore I
worsted hood The woman's fac
was pale and wrinkled and she. wa
apparently in a helpless condition. Mr.
Bird said she had hardly been out o.
doors for two years The chair was car
ried into the bar in view iof thu
jury The witnesses son and daugh-
ter sat near her tanning her
She was then sworn and feeblY raiseC
the Bible to her lips and kissed it. Mr.
Bird, sitting in chair. bent over her
and asked the questions Mrs. Wallacl
answered them in a low voice and he re
peated them for the benefit of tn
court and jury. Mrs. Wallace testified Il
going to Rockland on November 22 1SS
and taking the train for home. TIL
lights at the Madison street station wer
extinguished before the train left. Sh
waited for some time for some one /
come and show them hoy
to get away. Then they started for
light, believing that it was on Madison
street After crossing several track
they all fell in the sewer. She describes
the pain in her back to be as il
ball ran up her back to her head an
there exploded like a parior mattel
She also had pains in her stomach an
; had never been well since the accident
The witness gave further evidence as
: her sickness, and at / o'clock coui
adjourned until 230 clock this aftel
/ noon