Evening journal., 1896-05-27
MRS. EWING'S INJURIES.
She Stepped Into a Gutter and
Sprained Her Ankle.
WANTED FlFrEsS THOUSAND.

Case of tho Peoples Bank OF Middle
town vs.. william Houston Goes over
To the Next Term--rhis Morning Her
Lawyer Wished to Abandon the Case
But Had to Take Non-suit.
Yesterday afternoon the Superior Court
granted continuance Of the case Of the
Peoples. National Bank VS.. William
Houston until the next term. A Juror
was drawn from the box end that ended
the matter so far as this term Is con-
cerned
There was certain evidence that a
msj sjority OF the court, the chief instlce
dissenting. decided was necessary and
inadmissable under the declaration Mr..
Burr's was granted leave 10 amend and
the case WAS continued to November
A suit for personel damages wes then
called. IL was that of Luther w. Ewing
aud Mrs Sidney E Ewing VS. Alfred s.
Elliott, Laura HsrrAh and Alfred 3.
Elliott, trustee. Plaintiffs claimed that,
on October Is, 1894, Mrs e wing stepped
Into an iron gutter opposite No. Iii
West Ninth street, sustaining permanent
injuries for which suit for the sum OF
$l5, OCO was begun. Lilburn Chandler
represented the plaintiffs and George A.
Elliott and Walter h. Hayes the defend
ants. After Mr. Chandler had filed a
new narr the hearing Of the testimony
WAS begun.
By ex Street Commissioner Francis
NcClosky Mr.. Chandler proved that
Ninth street was a public highway.
o Ownership Of the property was proved
by Alfred 3 Elliott.
James A Saunders swore that the
gutter was defective, He had It repaired
because pedestrians were stepping into
it,
Civil Engineer CArswell produced a
Hay es on cross examination, proving by
the plaintiffs own witness that the gut
ter was not on the Elliott property.
Mrs. Ewing swore that the gutter
plates we're separated, she stepped ia and
mad been lame ever since, using crutches
for nine or ten months. She did not
call in physician until January, 1895.
Mrs Dora Schultz who was with Mrs
Ewing at the time Of the accident. cor
roborsted her statements In every essen
tial particular.
DR.. Henry Patterson stated on the
btauu tubu MRS EWlDB auhle WAS DAQly
sprained and swollen and might cripple
her for life He FIRST attended her In
January, 1895. DR.. Peter w. 1omlinson,
who was acquainted with the womans
condition, sWore that the injuries might
prove permanent in character.
When court opened this morning Mr. q.
Chandler surprised everybody by stating
that he was compelled by some OF his
witnesses going back on him, to abandon
the case as he WAS not IA a position to
prove the facts that he had alleged In
his narr and stated in his opening ad
dress to the Jury.
The court told him that he could not
discontinue the case with the lry In the
box, but must take a verdict. IL di.
rected the jury to bring in a verdict for
the defendants
When the plaintiff was called she
failed to answer, which was matter OF
form, and the court directed that q
non-suit be entered In the case.
The case of George @. Marshall VS..
The Mutual Life Insurance Company of
New York was referred to Alexander B
Cooper, referee by agreement of j. Har
vey Whiteman and John h. Rodney.
Tomorrow it is expected that the Ger.
tiorari cases Of Arvid w. Ecklund vs..
Hendiickson and Lewis will be taken up
and disposed Of.