Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-12
xEmaRn pAMAGE oAsn.
Argument by Counsel on Both Sides In the
Cnse Anninst the CitY.

|
tionality of statute which has beor
brought into question in the case OF
William r. and Mary A. Seward Va. the
Mayor and Council, was concluded in
superior court Wednesday afternoon.
Andrew II. Sanhorn was followed by
Levi Q. Bird, both contending that
the. statute in question was unconsti-
tutional. City Solicitor Hartman, for
the defence, discussed Mr.. Birds cita-
lions OF law and analysed the plaintiff q
priet. He took the ground that the
statute was constitutional, and that,
statute or no statute, the city could
not be held responsible, under the
common law, for any act not done by
ITSELF or its agents. unless it's negli-
gence was in some way clearly proven.
lie closed his argument by giving the
reason and justice upon which the
statute was based, claiming that the
city desires in no way to shirk it's
liability and responsibility in any
cases where injuries are occasioned by
Its negligence. He held that whoever
causes the injury, or is directly or in
directly responsible for it, should be
held liable and subject to an action for
damages.
Court adjourned until 10 O'Clock
Thursday morning.
The Court WAS expected to giye7 n
decision on the constitutionality of the
statute in dispute in the Seward dam
age case Thursday morning, but Judge
Cullen stated that the question which
had been asked did not properly bring
up the matter. The question which
Mr. Bird had asked the witness, Bal
lard, was az to his recollection Of how
long the hole had remained on the side
walk at Fifth and Harrison streets. To
this the city had objected and then the
argument upon the constitutionaity of
the statute had been made. At Judge
Cullen's suggestion the city Withdrew
Its objection to the question and the
court VIII give its decision upon the
constitutionaiity OF the statute when il
| properly comes up. Ballard again took
the stand. Mrs. Mary A. Seward took
the stand and told tho story of her
accident William II. Seward, her
husband, corroborated her testimony.
Mary Jane McMonigle Of PhiIadel-
phia, testified that she was the owner
of the let.
Theodore Hopkins, letter carrier,
testified that the trench was dug out
by the city.
Mrs. Josephine King testified that
| she saw three mon at work on the
trench. Sho thought they were street
and sewer men.
James Brown testified that the trench
remained open for several months.
| Court adjourned until ., 80 O'Clock
Thursday afternoon.
The taking OF evidence was con-
| tinued Thursday afternoon. Henry A.
Beresford, Mrs. Mary Denn and
Charles Higgins testified TO there
being a trench across the sidewalk at
| Fifth and Harrison streets Higgins
SAID that he saw man digging there.
but did not remember whether it was
before or after the accident.
William L. Wilson testified that he
had complained to tho Street and
Sewer Department, particularly to Mr..
Gawthrop, about the trench on the
sidewalk. Mrs. james Brown remem-
bered the trench and testified TO seeing
q man near the hole with shovel. but
did not see him at work. John w.
Mearns testified that the trench had
been there about 10 or IL months.
Mrs Roberts, Ct No. 23O7 Washington
street, testified that she fell into the
hole herself Mrs. Rebecca Emerson
of No. 1923 West street, SAID she came
near falling into the trench.
Mrs. Seward was recalled and she
told of tho extent of her injuries.
When she went home her leg was
swollen and sore. The next day she
had pain in the back and since then
had trouble with her kidneys.
Mrs. Annie Cross, next door neigh
Dor to tho Stewards, testified that be.
fore the accident Mrs. Seward was a
strong, healthy woman, but since then
seemed in poor health.
Miss Florence Seward, daughter OF
Mr. and Mrs. Seward, testified that
since her mother's injury she had
charge of tho house work.
Mrs. Mary Dem was recalled and
testified that to the best of her knowl
edge Mrs. Seward had not seen a well
day since the accident. Mrs Sallie
barker, Mrs Emily Ross and Mrs.
Ellen Emmons,' testified concerning
Mrs. Seward condition. MIR. Seward
said that his wife had been very
miserable since the accident.
Court adjourned until 10 O'Clock Fri.
day morning.
Willard Salisbury announced Friday
that the objections TO the application
of William Legg of Stanton for liouor
$. Prickett of the Law and Order
Society, conceded with this announce
ment. and the Court granted the appli.
cation.
Tho application OF CHRISTOPHER
Pfrommer to sell liquor at Union Park
is the only ono that remains for consid-
GRAFTON by the Court at this term.
The opposition to granting bottler's
license to Robert G, Jenkins No. 9tO |
Fast Fourth street, has been with |
drawn and the court granted the APP
plication.
the superior court, and DIR, .Joseph II.
Smith, tho last witness for the plain
tiifs took the stand. lIe testified to
attending Mrs. Seward on the evening
Of May 10th, 1893.
At the conclusion of DIR. Smiths ex.
animation tho plaintiffs rested. Mr.. |
Knowles opened to tho jury on bohalf |
OF tho city.
Engineer in Charge of Sewers r. |
Chalkley llatton, the first witness for
the defence, presented plan of the |
ground at Fifth and Harrison streets, |
and Mr.. Knowles produced profile |
drawing showing the slope of the Me |
Monigle lot. Mr.. Bird objected to its |
admission on the ground of i'm
materiality and tho Court ruled out
the profile.
The ,city's counsel noted an OK,
ception.
Mr.. Ilatton testified 10 The condition
of the sidewalk ut Fifth and Harrison |
streets.
Henry i. Gare testified that he had
EOnn great uuantitieS Of water rtsbir,,