Evening journal., 1896-12-16

ct al. VS.. the p. w. & B. Railroad Com
pany. Ex-senator Higgins, for the
plaintiff. demurred at the application.
Senator Gray alleged that the narr had
been fled a few days ago, and he re-
ceived notice about four days ago that
the plaintiff received injuries while
travelling on a certain train on May 3,
1895, about a month later than the
time specified on the narr. Senator
Gray said that this case is founded on
a contract for carriage and that a con-
tract was made on the Bird day of May
Senator Higgins argued that the day
and date were not material in this
case unless Senator Gray's corporation
was so negligent that it couldn't single
out this one particular accident then
he was indeed unfortunate There was
only about twenty-nine days interven-
tion in the time in dispute. He was
surprised at Senator Gray's withdrawal
Of his application for a SD cial jury,
as he felt that if ever n corporation
needas Especial jury 5 protect on, the p,
w. & b. Railroad Company did in this
\ case. I'VE have a good case, may it
/ please the court, and we want II tried. -
The court, however. decided that
Senator Higgins had placed defendant
/ III a. slightly tiubcill dnolub lhniAiRAli anu
granted Senator Gray's application.
CASES FIXED FOR TRIAL.
The case of Carrie Owen VS.. the
Mayor and Council, was slated for
trial on Friday morning. Mr.. Hilles, for
plaintiff. having agreed to be ready
The case of George w. Pierce VS.. the
Mayor and Council, of Wilmington
was continued until next term, with
peremptory order for trial. it being a
new issue. The case Of Lenderman VS.
Dunseith was listed for trial to-mor
! row, and Messrs. Marvel and Chandler
were so instructed.
ANOTHER CITY CASE UP.
/ A jury was drawn to try the case o
: the Mayor and Council of Wilmington
d. b. a., VS.. Charles Wicks, p. b. +
z When ten men had been drawn IL wal
/ found that the panel was exhausted
e two jurors having failed TO answer e
z their names. and three being resident
of this city William S. Hilles 70
Wicks, and City Solicitor Harman
. signed an agreement to try the cas-
{ with ten jurors.
b Mr.. Hilles stated that the case wa
o. more especially for the courts judg
4 ment as to the liability OF the milk
e men to pay without reserve the 81
annual tax levied upon them by IN
o city government. or the city's right
n retain money paid by the milkmen a
f license fees
d There was but one witness for th
t. plaintiff. Charles Wicks, who has bee
l. in the milk business for number {
It years. and on or about June he pal
$40 license fee to w. C. r. Colquohou
]. register of the Board of Health, fC
y the privilege of continuing his busine
1t of selling milk. After the court had d.
v cided such an ordinance unconstit'
" tional, he attempted to get his mon'
r. back. Mr Colquohoun told him he
id be damned if he'd get It from him. /
was refused by the mayor, city soil
to itor and Councilman O'Nein. of th
Y. committee. Then he brought suit
d j. Frank Wilds, Of Dover was reco
IS nized by the court and conferred Ov
n. the loan OF some money in Kent coun
IS on an estate.
ar The Ewing jury had not agreed
r o'clock this afternoon. II is unde
stood that seven favor a small ava
and FIVE want to find for defendant.