Daily Republican., 1890-03-03

: This morning's session Of the eupertoe
Court convened It 10 O'Clock with Chief
Justice Comeeys and AssociAts Judge
Houston on the bench.
A Jury was drawn and the case Of
Anderson 4 Son ". the Mayor and
Council Of WILMINGTON was taksn up Tor
retrial, with Levi @. Bird, Ksq., and A.
!. 6anborn, Esq, for the plaintiff, and
City Solicitor Turner and Judge Ball Tor
the defence.
Tue case WAS stated to he Jury BY Nj.
Bird, alter which he commenced the az
animation Of Witnesses.
Ezekiel Anderson wss swcrnand testi-
lied that he was the senior member Of tho
firm Of Anderson q Son, grocers on Della
ware avenue. He again told how his
cellar was fllcd with water, caused by
| the Street and Sewer Commission dig
ging sewer In frost Of his house, and
taving IL in bad condition. He read
memoranda Of the goods destroyed BY
tho water, which showed that his loss
was $708. IA, and AAid that II took . steam
fire engine . whole day to pump the
watsr out In addition to the drst loss,
he also had $3.50 worth Of goods spoiled
afterwards, by the dampness.
His sales also tell on from 1000
month to . little over 800, causing an
On account of the condition in which the
cellar was left the Arm was unable to
use 1t, aud were obliged to buy their
goods In ANAL quantities, which still
further curtailed their pr0fts, causing
add ltlonal loss. While the drain was
open he saw Mr.. Carpenter, OF the Street
aud Sewer Commission, and requested
him to have 1t fixed, when he replied
that he had nothing to do with IT, The
water continued TO come In for 1t least
three months, until the place WAS fixed.
Since then the cellar has been ~ good
and dry as II ever was.
The witness was cross-examined at
length BY Judge Ball, but did not differ
. from his direct testInon~.
!, The examination of this witness was
continued about two hours, and when
Judge Ball finished the cross examiua-
ton the witness was subjected to re-
, direct examination by Mr.. Bird, during
which be said that whenever there WAS 4
ain the water would settle In the exca-
, walton and run into his CELLAR.
n. W. Anderson testified that he was
the juLior member Of the firm Of Ander-
: son Il Son, grocers. They bad never
been troubled with water coming futt
their cellar uuiil the time the trench va!
: dug by the Street and Sewer Com zion
! They commenced digging the trer CT
.. on Friday, iu the latter part of Deem
Z ber, 1888. That day they worked on the
street, aud on Saturday they dug across
the pavement to the building line. IL
addition to the drau they put in watel
pipe, which run from the new house nnt
b was to be connected with the water IN ain
: The men quit work on Saturday after.
Il noon be ore o'clock, and tho witncs
!. judged from the pile OF dirt aud stone
q that they had lett the trench open
n witness found their cellar filed wit
= muddy water, aud went afr stean
Vt fire engine to pump 1t out.
The engine Commenced work about
: O'Clock In The morning, but on accoun
of the water flowing in from severa
e cellars in the neiahborhood that wer
u also flooded, It took the men until nigh
!. TO get It out. On Monday morning theI
was four feet Of water In tho celia
( which was taken out by hand pumJ
7. Every time when 1t rained atterwArdl
'r until April IL, 1889, when the sewer WI
finally fixed, the water would come
the cellar, and they were obliged to ba
lie T. out.
n. The witness was shown the memorAnd
Or made ny his father, and testified that
the best OF his knowledge and belief
was q correct statement of their loss
the first flooding. They Also lost
or quantity of goods afterwards, aud co
nu siderable trade.
60 The direct examination was conclude
" at IL. 45 o'clock, when Judge Ball con
menced the cross-examination. AT
ly O'Clock Court took = recess until g.
a. O'Clock tbs afternoon.
All the special jurors, not emps1ei
In this case, were discharged from flu
tier attendance at this term, and Il
rs general jurors were discharged uni
III Thursday morning.