The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-12-11
THE ewing CASE
Story of How Mrs Ewing
Sprained Her Ankle Now
Being Told.
was HELPLESS THIRTEEN MONTHS.
The Fair Plaintiff Tells Just
:. wv Sh e Received the
Injuries.

The story of how Mrs. Sidney Ewing,
wife of Luther w. Ewing, steppel into
a gutter on Ninth street between Shipley
and Orange streets and received injuries
for which she wants the Mayor and Coun-
Gil of Wilmington to pay her $4,000 dam
ages, was begun in Superior Court this
morning.
The suit is brought in the name of Luz
ther W. Ewing VS.. the Mayor and Council
OF Wilmington. Lilburne Chandler appear
ing for the plaintiff and George A. Elliott
and Horace G. Knowles for the city The
trial is two days behind time, plaintiffs
counsel having the case set for Wednes-
day. Defects in the narrs filed by both
sides prevented a. hearing of the cause on
that day, and since the narrs have been
amnded and not until this morning was
there an opening for the case. 1t will &C.
cupy the entire day, and possibly all to-
morrow morning.
The action is by no means a new one.
AT the last term Mr.. Ewing brought action
against Alfred 8. Elliott, trustee, owner
OF the properties between which the gutter
II laid, for his wifes injuries, but the
plaintiffs failed to prove their case and the
verdict being against them, moved for the
trial which is now on.
1t was II o'clock when Mr.. Chandler
stated to the court what his new narr con-
tanned. 1t is made of four counts, the first
Of which alleges that the city of Will
mington is a municipal corporation, part
Of whose duties it is to keep the streets
and sidewalks in a good and safe condition.
The second count sets forth that Ninth
streets Is public thoroughfare and that
Mrs. Ewing was lawfully upon the street
on the night Of October Is, 1894; the third
that the city is the owner of the same and
fourthly, that the city is bound to keep the
street and pavement in good condition.
The defence's general count set forth
that the city was not responsible for the
condition Of the sidewalk at the point in
question and therefore was not guilty.
Then Mr. Chandler went before the jury
and said he would prove that while Mrs
Ewing was returning from lecture at
Grace Church she stepped into the sewer
and received a sprained ankle which has
since inCapsciated her and which injury
will remain with her for life. The ordin-
ance relating to the cty's charge of cutters
and sidewalks was offered in evidence and
admitted.
The court announced that when adjourn
ment WAS made for the Christmas holidays
1t would be for ten days.
William s. Hilles asked the court when
he could get special jury trials in several
cases. tho plaintiffs in which he repre-
sented. The court informed him that he
could not got d trial until after Decem-
Der 81.
Mr.. Knowles undertook to prove that
Mrs. Ewing had not been injured as bad
IL as she had made believe and that shA
had not visited the Philadelphia doctor Al
often as five times, as she bad stated, bur
he did not pursue the proper course and
the court sustained Mr.. Chambers OBJ.
lection to the mode OF procedure.
Mrs. DORIS Schultz told Of the accident,
located the spot midway between tho curb
and building, and declared that tho gutter
plate las broken. She was on the stand
when the noon adjournment was made.