The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-03-15
SUPERIOR COURT.
The Jury In the Cook Case Charged
by Judge oullen-Ths Session Draw
Inv to n Close.

The Jury In the Cook Case Charged
by Judge Oullen-Ths Session Draw
ing to n Close.
AS soon as court convened this morn
Ing. the jury In the case of Cook, va.
the Wilmington City Electric Company
were charged by Judge Cullen, who
said, In part, that this was case of
the greatest importance to the public,
as by the result would be shown the
liability of corporation handlin &
and generating deadly article, which
was dangerous to persons passing
along the streets He then reviewed.
the case and the grounds OH which the
suit was brought.
In every business where dangerous
materials are used it Is the duty OF the
person or persons using them to adopt
every means at their command to pro-
teet the public from injury or death.
! To do this such company must, 40
cording to law, use every means re-
CARELESS of expense and IL they do
not they are clearly guilty of negli-
gence, and must be held responsible.
This is the law bearing on this and all
similar cases, and the jury, in arriving
at verdict. must be governed by It,
Iii deciding this matter, tho jury
must consider whether the wire was
broken by the storm, or In some other
unavoidable manner, or IL, through
the negligence OF the company 1t
broke from some cause which they
through due care and diligence
could havo avoided. They must also
consider whether the company had
adopted every possible means to as
| certain ii there was wire broken and
laying In the street, endangering life
or limb.
| On the other hand the jury must
also determ inc whether the plaintiff
| used ordinary care in walking along
the street to avoid walking into the
wire, for If he did not, no is guilty OF
contributory negligence, and is not
entitled to recover. Tho matter OF
tho amount OF damages. If the jury
believes the defendant entitled to re.
cover, rests entirely with them, and
they must award such reasonable
amount as they think will compensate
him for his injuries and lost time.
The charge was comp eted at 10 SO
O'Clock and the jury iotired.
All the jurors, not engaged In this
case, were discharged mt ii o'clocl;
from any further attendance at this
court.
The case OF Is a @. Pyle, proprietor
OF the Clayton house, vs. Marsden
Vaughn, executor of Louisa Vaughn,
deceased, which was marked for trial
to-day was called, when it was stated
that 1t had been settled by paying the
plaintiff, Sl,050.
The suit was for sl8S3 OF with inter.
est tor two years, for the board of
Louisa Vaughn and her servant, at tho
Clayton House. Benjamin Nields APP
peared for the plaintiff, and the defend,
ant was represented BY HolIecker &
Holfecker.
The applications for liquor license
will be taken up tomorrow, and it is
probable this long session OF court
will be- finished tomorrow afternoon
OF Friday.
The jury in the Cook case were still
out when court took recess, and II
was reported that while they had
agreed on a verdict for tue plaintiff,
they could not agree upon the amount
About l o'clock 1t WIS announced
that the jury had agreed upon a ver.
dict OF $500 in favor of tho plainli i
and the Judges and prothonotary wsi o
sent for to receive it.
Mr.. Hofleckor Immediately made a
motion for now trial.