Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-12-21
SUPERIOR COURT.
A Verdict for the Plaintiff in the Case o
Reed vs.. the Wilmington steamboa
Company.

publication Of the commissioners return
| In the divorce case of Laura d, VS.. George
u. Baldwin. The commissioners return
was favorable to the divorce.
In the case of the Lycoming Fire In
surance Company vs.. George w. Bush,
the court informed Messrs. Nields and
| Fulton that they wero unable to arrive
at any agreement on the application of
the defence to amend the pleas. Judge
Cullen is not sitting in the case, having
been formerly counsel for some of the
Sussex county policy holders. The ap-
| plication to amend was not granted.
Ar. Nields then withdrew all but the
last plea and will introduce this plea
together with the affidavit as provided
by the statute. Mr.. Fulton made OBJ
lection but was oVer-ruled by the court.
The cases were then carried over until
the February term.
Court then adjourned until Thursday
morning.
The superior court will adjourn on
Friday of this week, until after the
Christmas holidays. Court reconvenes
on January I'd. The court of errors and
appeals meets at Dover on January 10Th
and will probably last one week. The
| judges will then return to Wilmington
and sit until the February term. There
is Il possibility of the superior court
business lasting until April or May, and
the judges have expressed desire to
continue in session until the court calen-
dar is cleared up.
There was very brief session of the
superior court, Friday morning. In the
case of Thomas Mulrooney VS.. John
Clark, the court reversed the decision of
| the magistrate below. William Michael
Byrne, who represents the defendant,
asked that the judgment be set aside on
the ground that it failed to disclose the
residence of the defendant to the suit.
The judgment was given by the magis-
trate in 1890, which was subsequent to
the passage of the curative act of 1887,
applying to judgments Of this nature
between 1881 and 1887. Under the act
Of 1881 many of the judgments obtained
before the magistrates were rendered
null and void, because the said judg-
ments failed to disclose the residence of
the parties to the suit. In 1887 an act
was passed making these judgments
valid. But this act was retroactive, and
did not apply to judgments subsequent
to the passage of the act, but only those
of time prior to its enactment
The Judgment of Mulrooney VS..
Clark was obtained in 1891, and there
fore the curative act of 1887 did not APP
| ply to this particular case. The judy
ment was accordingly reversed.
Court adjourned until o'clock Satur-
day morning. ,t
In the superior court, on Saturday, the
| case of John j. Gallagher VS.. James
Rogers was discontinued. The hearing of
the rule to set aside the sheriff's sale of
| Troop b armory was postponed to Satur-
day, January 9th.
The rule to set aside the sale by the
sheriff OF the Academy of Music was dis
charged.
Court adjourned to 0 a. m. Monday.
| There was brief session of the superior
court OH Monday. The following cases
were reported settled: Marble Hartman
VS.. George w. Mckee, collector, Judgment
| for plaintiff for costs; ST. Peters R. q.
Church vs.. F. N. Whitney. The case of
George Reed VS.. the Wilmington Steam
boat Company was set down for to-
morrow.
The case of Harry Richards VS.. the p,
W. & u. Railroad Company, action for
damages was fixed for Wednesday morn
ing. Senator Higgins and Albert Con-
stable for the plaintiff and Senator Gray
for the defence.
The following jury was struck
to try the case: James Mills, Samuel
bert Yates, ]. Atwood Weldin, Norris
| Wilson, Isaac c. Elliott, II. T. Pilling,
James II. Walker, w. W. Stroup, John O.
Mahoney, David Hyde, James NJ. Downs,
John NJ. Reynolds, Henry Cleaver. Clayton
| NJ. Riley, Clement Reeves, Charles Jeffer-
son W. X. Reynolds, Frank b. Watkins,
Thomas Il. Hurn, Macomb Clayton, Will
liam Virgins, Vincento. Hill,
Court adjourned until 10 o'clock Tues
day morning.
Tuesday mornings session of superior
cour. convened at 10 o'clock, and i'm
modiately after the opening a Jury was
drawn and the case Of George Reed VS..
the Wilmington Steamboat Company
was taken up for trial, with John Biggs
for the plaintiff and Hoffecker y Hof-
fecker for the defence.
This is an action to recover for the
value of horse owned by the plaintiff,
which he shipped on the steamer City
of Chester March 10th of this year. The
animal was valued at 800, and Reed
alleges that he paid the plaintiff $132
for freight. While the horse was being
led down the gang plank by employees
of the company he SHE'D, and, as the
rail broke, he fell into the creek. The
current carried the animal up the creek
| opposite the works of the jackson g.
Sharp Company, where he was badly
cut on the left hind leg by striking on
the rocks at that place. The injuries
were 80 great that the horse was rem
dered worthless.
The plaintiff had the horse attended
for few weeks by DR.. Ives, when it
was able to be driven to light wagon
belonging to the defendant company as
Reed had refused to take 1t off their
| hands.
This suit is brought to recover the
full value Of the animal. In his opening
Mr. Biggs contended that If the COM
pany is a common carrier If was re-
| sponsible for the value of the horse.
George Reed testified that he shipped
the horse March 18th ON one of the COM
| pany's boats for the purpose OF selling
1t in Philadelphia. As the horse was
being led down the gang plank, one Of
| the deck hands had hold of its tail. The
animal SHE'D, when the rail broke and
he went overheard and remained in the
water fully half an hour. After he
was rescued the witness led him
to the wharf and left him in
charge of Mr.. Bennett the company's
agent as the animal was injured so
badly that he declined to take him off
the company's hands. On the following
day the witness went to the company
and got the harness. At that time the
horse was in the company's stable
where the witness saw him. He after
wards saw the horse attached to one of