Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-12-21

ton of witnesses for the defense continued.
Captain Horace Wilson was recalled and
testified to the rate of freight charged for
1--we stock. The witness saw Reeds horse
in the company's stable, on the afternoon
of March 10th. He had a physician called
to attend to him. After keeping the horse for
III days he offered to let Reed have him,
but he declined to take him and told the
witness to sell the horse or do what ne
liked with him. The bill for keep and at
tendance was about $40 and the animal
was sold for SIS.
Captain Peter Bloomsbury testified that
he is captain of the steamer City of Ches-
ter. lie denied having the conversation
with Bennett which was testified TO by
Grant. lie said that Bennett reported
that the horse was standing on the street,
and he replied that for humanity's sake to
put him in the stable.
John G. Bennett was recalled and cor
roborated the previous witness.
Messrs. Grier and Atkinson were alsh
called in rebuttal to Grants testimonya
and when they finished the defence closed.
Mr.. Biggs, in summing up cited a num-
her of authorities to show that the defend
ant company is common carrier and re-
sponsible for any goods they may contract
to carry.
He then addressed the jury and con-
tended that the only contention was did
the company receive this horse. IL the
company did receive the horse they are
liable for damage. In other words when
the company received freight they insured
to deliver it at its destination. If they
failed to do so the law says they must pay
the value of it, Mr.. Biggs spoke about
half an hour and was followed by j. IL.
Hotfecker for the defence. He claimed
that the. plaintiff in bring action against
the Wilmington Steamboat Company a
pnrnnr1fiIn Of Non, lane Lao haI arrad
us the suit should have been brought
against the company having the wharf,
which is known as the Wilmington Steam
boat Company, corporation of Delaware.
Another question is was the horse ueliy-
cred to either company. 1t was shown
that the plaintiff himself had hold of the
bride at the time of the accident, conse-
quently it was in his custody and neither
corporation is responsible for his loss.
Mr.. Biggs made the closing argument
for the plaintiff and closed shortly before
4 o'clock.
The jury were then charged by Judge
Marvel, who concluded at O'clock, when
the jury retired. They returned in half
an hour with verdict in favor of the
plaintiff for $50 and costs Of prosecution.
While the Jury were out Chief Justice
Lore rendered the decision In the certiorari
case of Esther Cunningham, d. b. VS.. John
Duckson. This decision confirmed the
Judgment given by the magistrate. Judge
Marvel concurred. but Judge Cullen dis
scented and read lengthy opinion.
shortly before s O'Clock court adjourned
unit 10 o'clock Wednesday morning,
There was little business transacted in
the superior court, yesterday morning.
Announcement was made that the case
OF Harry Richards VS.. the p, w. e. b.
Railroad Company has been settled. A
special jury had been drawn to try the
case: Senator Higgins aud Albert Con-
stable were counsel for the plaintiff and
Senator Gray for the defence.