Evening journal., 1896-12-11
ASKS CASH FOR A SPRAIN
Mrs. Ewing Demands $4,000
for Her Injured Ankle.
DAMAGE SUIT NOW UNDER WAY
VERDICT IN FULL FOR P. p. TYRE
IN HIS SUIT AGAINST JOHN Null
VENA'S ESTATE-SCHOOL DIS
TRICT CASE POSTPONED.

i-ANA - Eol lAlE-SChOOl DIS
TRlCT CASE POSTPONED.
Ia Superior Court to-day the damage
case of Philip p Tyre against the es-
tate of John Mulyena was concluded
All the testimony for the defence was
taken yesterday afternoon. IL was to
the effect that Contractor Mulvena
knew nobody in the brick and stone
contract for school-house No "a ex-
cept Sub-Contractor William A. Ruth,
who received $4,000 for doing all that
work, Tyres granite work being only
small part of it,
Mrs. Emma Bradley, book-keeper for
the late John Mulvena. William A.
Ruth and a cross-examination of Mr.
Tyre were brought in as evidence for
the defence. The court limited argu-
ment to one hour, and the attorneys
finished at 5 o'clock yesterday after
noon.
JUDGES CHARGE THIS MORNING.
Chief Justice Lore charged the jury
at 10 O'Clock this morning that the suit
of Philip p. Tyre against John Null
vena's administrators for balance OF
$3.50, due and unpaid for work done
and performed, had devolved into a
question of debt-whether Philip Tyre
must look to John Mulvena, the con-
tractor or William A. Ruth the sub
contractor, was a question for the jury
to decide upon the proof as produced.
The jury remained out a half hour
and then returned full verdict for
Tyre. including interest from January
10, 1894, being in all S1,563.10, princi
pal and interest
The court then called up the case of
the school commissioners OF district
No. s, Brandywine hundred, against
David S. Furry. but Harry Whiteman,
for the defendant. urged a continuance
as he has not expected trial and not
only was without witnesses. but the
party to the suit was not present This
was finally granted.
WANTS $4,000 FROM THE CITY.
The damage case of Luther Ewing
VS.. the Mayor and Council of Whining
ton, for $4,000 for an injured ankle.
was then taken up. George c. Morton,
drawn as foreman of the jury, was
challenged because he is a resident OF
the city of Wilmington. Thomas Boyer
was challenged because of a defective
hearing. Several other jurors were re-
quested to leave the box and the jury
was finally sworn as follows:
George McConaghy. Thomas Riley
Francis Pagan, John n. Peoples, Will
liam. III. Houston, James Higgins.
Franklin Eastburn George W. DAVIS,
George G. Smith, Lemuel b. Lee,
Thomas Cavender, Samuel q. Holmes.
Lilburn Chandler, for the plaintiff
addressed the jury. saying:
This is an action for damages for
personal injuries sustained by Mrs. sid
ney e. Ewing. and due to the negligence
of the city OF Wilmington. which, as
we shall show you, is responsible to
keep it's sidewalks in good and safe
condition. We shall show that the
plaintiff was injured while passing
along a sidewalk over which people
were in the habit of passing in good
and safe condition for those persons
passing along the same We shall
show that the city was duty bound to
keep the upper side of Ninth street in
good and safe condition.
On October IS, 1894, Mrs. Sidney E.
Ewing was lawfully passing along
Ninth street between Shipley and
Orange streets, cautiously and in COM
pany with a friend, in the night time
She had been at Grace Church attend
ing a lecture given by Mrs. Booth. and
was walking home in the usual way
and without any notice showing to her
or making her aware of any danger,
she stepped into an open drain.
AS she stepped in she felt a sudden
pain in the ankle and foot BY the
help of her friend she passed to her
homo, on Poplar street From that
time and up to the present time she
/ hru t..f
and will pass through life with a
swollen, disabled and inflamed ankle,
Notwithstanding the fact that she has
/ engaged competent physicians. We
| have alleged that we are entitled to
/ $3.50 damages and / don't think that
| any of you would pass through the
same ordeal for one cent less than that
sum-.
William b. Carswell was sworn and
eXemplified a large plan Of the north
side Of Ninth street, between Shipley
and Orange, where an iron gutter
drains the properties Of James T..
/ Chandler and James Saunders. The
gutter was 3la by 11-16 inches and
12 feet.
Witness was subjected to a rigid
cross-examination by Horace G..
Knowles, and stated that he believed
that this gutter drains two private
houses and very little city water could
get into it.
Sidney E. Ewing testified that she is
the wife of the plaintiff, Luther Ew-
ing. and resides at No. 1107 Poplar
street On October IS, 1894. she was re-
turning from lecture at GraceChurch,
accompanied by Mrs. Dora Schultz. 1t
was about 10 o'clock at night and she
was walking slowly. She stepped into
hole and badly injured her right foot
and the inside of her ankle. She was
threatened at one time afterward with
nervous prostratiOn, for three months
she sat with her foot on a pillow, was
compelled to use crutches ten months.
Witness was attended by DIR. Patter-
son one year. by Dr. Tomlinson nearly
two years, and by DR.. Martin, OF
Philadelphia, whom she went to see
six times.
Mr.. Knowles took the witness
She said she was doing nothing but
talking and walking slowly along
Didn't remember that her heel struck
the bottom of the gutter. Was only