Evening journal., 1895-02-15
SUING FOR DAMAGES.
A Delaware City Dairyman
Who Wants $1,000.
H. B. HIGGINS vs CIrY RAILWAY

Wagon Were Injured TO That Extent
by a Collision with an Electric Car.
Cases in the Superior Court.
In Superior Court this morning the
calling OF the trial list occupied the
greater part OF Rn hour. No. /, Mary II
Little. formerly Mary Quinn, VS..
Joseph Quinn and Joseph h. Qninn,
executors of Hugh 2 'lnn, issue from the
register OF wills NeI pat down for
March 20. as 1t was shown that 1t was
impossible to try It at the present time
No. 81, Jesse L Talley vs, City Build
Ing and Loan Association, continued
with leave for plaintiff to amend.
No 50, John II Anderson vs.. George
B. Ward. referred to referee by counsel
No ll2, James s. Morrison vs.. John
rule till May, Mr.. Emmons submitting
physicians certificate that II would be
dangerous for defendant to attend The
parties to this case are brothers-in-law,
aud for several years McElwee. who
Is 81 years old aud blind. lived with
Morrison A year ago he left and later a
claim OF IS. coo for board was made They
both live in Mill Creek hundred.
No, l1S, Mahlon Foster vs.. American
Power Fence Company, was placed at the
foot of the list.
In No 102. j. Thomas Lowe VS. John +.
Salisbury. garnlshee Of z. d, r. sutton,
jury Of inquisition decided damages at
| t2863O
/ A Jury OF inqulsition was drawn in the
case Of Simmons Bros \ 90 ys. the
| Philadelphia Optical aud Watch Com
pany, for damages for failure to pay book
account OF $34l 43 The only witness
sworn vas Henry Moncrisi, book keeper
for Simmons Bros 4 Co The ary
awarded damages IN the sum named.
No 1903. Henry r Higgins vs the
Wilmington City RailWRy Company, was
then taken up. A. w Spruance repre-
sented Higgins and challenged >. i
Meaney as Juror, while james w Ponder,
who Represented the railway company
challenged q w Dickerson, q A.
Willis aud Nathaniel Armstrong
The following jurors were accepted
William 81 Barnett. John Moore, lsaa,
Finn. John Johnson, Harry Whit
tsker. Robert Mclaughlin. Frank Hiek
man. George w. Handy, Thomas 3
Dixon, John L Press, James Valentine
James McOarter.
The suit Is for 81, 600 damages from
collision on Delaware avenue, Octobs
90, 1892, betwe 8 car Of the cltl
} electric railway company and mill
wagon aud pair OF horses belonging &
Henry Higgins. dairy farmer Of Della
; ware City, and driven by \ colored mai
, by the name OF William Heald At tn
time Of the accident the team Was stand
ing In front Of the Dragon Run dairy
4 when a passing car struck the him
/ wheel and threw in against q wago
standing near the curb One OF th
horses owned by Mr.. Higgins was badl
s injured and the wagon damaged.
8 Architect Frank r Carswell WAS th
I rst witness, and explained the situation
by plan drawn by him.
Driver Heald detailed the striking Q
the wagon by the car and the breaking Q
two wheels, binding Of the tongue, an
. the injury to the horse. William wa
, inclined 20 be talkative and II took cor
siderable work on the part Of counsel an
court. He created some laughter whe
. in answer to a question by Mr.. Ponder
c as to what day OF the week the Acciden
occurred, he said: 1T was Sunday, bu
Z. there seems 20 be some dispute as
3 whether it's the FIRST day or the last da
OF the week.
When asked Dy Mr. fouder II MS BY
. ter, Isabella Miller, who was In th
q wagon at the time OF the oollislo
e screamed witness said "She dldn
{ scream, but she did say oh, Lord, wis
Q shall dor" The witness WAS on th
! stand for nearly half an hour
= In answer to a question by Mr.. Pondel
8 witness said he hadn't heard the be
Jingle, but was certain the motormR
]. didn't call ont When asked what
meant BY calling out. witness said:
y suppose he calls ont something, See her
. you ask me too many questions abor
J. these things. You must remember
{ don't live In this city, and don't know 8
,, these things"
0 Miss Isabella Miller, sister Of II
% driver, was sworn and told materially Il
d same story as her brother. The ca'
's was on when court took recess 4
Ae.p