Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-16
SUPERIOR o0URT.
The CRse OF Anderson d SON vs.. the
tIty SttIt In Progress.

GIty stiIi In Progress.
The rule to show cause why tho petit
TONER in tho divorce case Of Ddwatd
McInall We. Lnura l. u. McInall should
not ellow temporary alimony pending
the bearing of the cause was returnaole
10 superior court Monday morning, but
proceedings were deferred until after the
conclusion of the pending case OF Ander-
son 4 Son vs.. the mayor and Council o.
Wilmington.
This cage, which was postponed until
Monday otter II vas started, in the
middle OF December, wcs then re-
sumsd, with Chief Justice Gomesys
aud Judges Houston ard Paynter on tine
bench. A. .. slanboEn, Esq, of counsel
for the plaintiffs, gave brief reyiew Of
the case, and detailed row ahe cellar of
Anderson 81 SONS grCoary store, at Della
ware avenue end Jackson street. was
| flooded by reason OF m open trench and
| IN open, unconnccted sewer pipe, which
| had been left in the street. The work
had been done by George W. Ward,
plumber, undes permit granted by the
Street and Sewer Department. The
| PLAINTIFF etook Of groceEies was seriously
injured by the food and aotion was in
ltituted ia recover damages. The work
Of digging mp the street, PLAINTIFF
witnesses showed, commenced on Friday,
December 29th, 1887. The next afternoon
the sewer connection was not made and
tho trench was simply covered with
boards. About midnight OF Sunday a
heavy rain prevailed and soon there WAS
six feet OF wGter in the cellar. Ezekiel
Anderson, BenloF member Of the Arm.
gave 6 list OF the stuff in the cellar dam
aRod that night, The total value of which
was STOS.li. Among the articles enum'
Grated were cocoanuts, coal and vRter
buckets, -four and sugar barrels, oil tanks
and grind stone, the recital Of which
canRed counsel for the defenoe to smile
IRrcasticRlly at the idea OF sush articles
being seriously injured BY water.
Other damages were sustained, Mr..
Anderson claimed, by continued flooding
of the cellar, which deprived him Of ito
use in business, the expense OF having
the cellar pumped out, and general losa
by being obliged to buy goods at retail
by reason of having no place in which to
store wholesale purchases. He estimated
his losses from this state OF affairs during
January, 1883, OF $3.50. He said be cop1-
planned to Joseph L. Carpenter, Jr.,
Ir6Blueut OF tno DtKuob hho hSmoi hAAoe'
tors, who gave him no satisfaction or en-
oouragement.
The examination of Mr.. Anderson con
tinued until O'clock, when court took {
recess until 2.39.
The case of Anderson y Son vs.. th'
city of Wilmington continued in superior
court in the afternoon. Both thu
plaintiffs gave testimony as to the dam
ages sustained and John j. Flanagan
testified to the extent OF the food tina
invaded Anderson & Sens cellar, ant
told how the damage was oscasioned b!
, the trench and open sewer pipe in tn
| street.
AT this mornings session further testi
. mony with yespecr to the cause of thu
) food and extent of the damage was givel
, by John j. Flanagan and ex.Policemsl
William L. Adams. N. h. Benson
: who formerly lived in the row sal
the cellar of his house wa
{ almost invariably dry prior to th
flood OF which the Anderson's CON
/ plsiued, and Thomas Benson, who no'
t lives in the same house, said the celia
i has been dry since the disastrous flood
4 William a. Alexander, Robert Anderson
: John Alexander and William Campbell
/. residents OF the neignDorhoou also test
n fed to the fact that there was no troubl
r from heavy rains except when the sews
q trench was dug.
n At o'clock the plaintiff rested an
ii court took recess until 80 O'Clock, Pm
. The hearing of testimony for the d
n fence began in the afternoon
o superior court, in the case of Anderso
v x Son vs.. the city. The defence set u
o was that the city was not in any way r.
a sponsibe for the damage sustained
o the plaintiffs in the flooding of the
i. cellar, as the street work that led to Il
@ food was done by plumber in the pu
q suit of his private business, and chi
\. against him, and not the city, the SD
e should have been brought. The afte
o noon Was occupied in hearing teatimor
d upon this point.
h Yesterday mornings session was all
It occupied, after the reading of the Cpl
n ions, In hearing of testimony in behalf
the defendant. At o'clock court took
d recess until 2, 80 O'Clock, p. m.