Daily Republican., 1890-03-04
ANDERSON VS.. THE CITY
MONDAY AFTERNOON CON.
euMED WITH TESTIMONY.
A Number Of Witnesses Examiued 10
show that tine Caliar was Dry
Until the Trench
wns Dug. v,....

Yesterday afternoons session Of supe-
rior Court convened at 2. 30 o'clock, with
the Chief Justics and Judge Houston on
the bench.
The case Of Anderson & Son Wa re-
sumed, and Il. b. Anderson. who was on
the stand when the reoess was tsken, was
recalled, and subjected 70 . searching
cross examination BY Judge Ball.
William Alexander was sworn, and tes-
tiled that he resides next door 70 Ander.
sons. His account Of the flooding Of the
cellars was about the same ~ that given
BY the previous witnesses. He also said
that At one tune he walked into the
trench which crossed the pavement, and
fell In up to his chin.
Nathaniel X. Benson, Jr., testified that
he y Superintendent OF the Harlan &
hollipgsw orth Company. A. one time
he owned the house sdjoiAing that oceu.
pied BY Mr. Alexander. He removed In
'lsS0s tive ysars prior 70 the flooding Of
Anderson's cellar. His cellar WAS al.
ways In good order. and never had any
water in It, except on one or two occs-
sions. alter very heav- rain, when some
water settled In the pi. u the heater,
Benjamin J. Moore testified that Al the
time Anderson's cellar WAS flooded he
residsl IN the house No. 1905 Delaware
svenus, formerly owned by Mr.. Benson.
A. that time his cellar was flooded and
had about four feet OF water In It. Pre-
vious TO this there was NO water in the
cellar, except on ons or two occasions.
when there was . little In the heater plt
Thomas Benson testified that he lives
In the house formerly owned by bis
brother, and that he Is not troubled with
any water 10 the cellar. He remembered
December 81, 1887, when Ande on's
cellar was full ot water. The nouse
where he now lives also had Watar In Cd Q
cellar vt that time, AID he assisted ia
getting II out.
Ferdinand L. GilpIu testified that a.
the time the cellars were flooded be wan
secretary and treasurer Of the Delavar
Avenue Sewer Company, q private cor.
poration. He issued psrmiis, and upon
being shown one Identified Il ~ one he
had issued TO George p. Ward, the
plumber. This permit WAS issued in
January. 1888. M. Ward had been to sec
him previously about the permit, but did
not get 1t until the time stated.
In answer to Judge Balls question the
witness sa!i that the sewer belonged to
private parties, and that the Street aud
Sewer Commission had lothing to do
with II.
Mr.. Bird then asked the witness If ths
sewer WAS in tho sirl and upon his re-.
turning negative answer, and saying
that 1t WAS In tie ground, asked him Il
the sewer company had any power to
give authority to open the street to get ut
tho sewe-. The witness eaid NO, that all
such power WAS vested In the Stre.t and
Sewer Commission.
John j. Flanagan testified that the
house occupied by Anderson belopgs to
bis mother, aud that she now has Q suit
pending against the city for damages aus
tsined BY the flooding. He had known
Of The house ever since he was q boy,
but nevrr knew Of the cellar being flood
ed before. His account OF the hoodipR
was about the same as that given BY Mr.,
Anderson and his sen. On Monday, tho
next day q tor the cellar was Hooded, lie
Jaw Mr. Carpenter aud called bis atten
iou to 1t. whou he replied that be had
notbiDg to do with 1t. He went to Mr..
Carpenter because he Is the president of
.he STREET and Fewer Commission.
Tae witness is at present an engineer,
,ut had worked ut one time with his |
ather. who was n stone worker and Con-
rsctor. 1t wa, his opinion that two or |
hree good men could have dug the |
rench aud completed tho entire job in
me day.
Before the cross-exsmination was COM ,
nenced court took Q recess until 10
fclock this morning.