The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-12-11
TYNE GETS TaE VERDICT.


Superior Court Jury Awards Him 81 .563..
10 TOR Work Done on the Washington
School
Philip Tyre has won his Superior Court
case against John Mulvena's administra-
trix, which was on trial all day yesterday.
The jury this morning gave him a verdict
of 81, 5631O, which is the amount sued for,
with interest from January, 1894. Chief
Justice Lore charged the jury, which was
favorable to the plaintiff.
The return Of the jury was accepted by
the defence which was a surprise to every
one. 1t had been stated that In case the
verdict was against the estate new trial
would be asked for, but Messrs. Vande-
grift and Bradford will not put the plain
tifr to the necessity to which they effect
they expressed themselves this morning.
The facts of the suit are too well known
| to be repeated at this time.
The jury hearing the case Is composed
Of county Jurors. In case against the
city no city juror Is allowed to occupy
seat in the box, the court holding that the
resident juror is part Of the city. George
william B. Carswell was the first wit
ness called by Mr. Chandler, he explained
chart he had made of the gutter and Its
surrounding. The excavation Is between
the properties Nos. Ill and 113 West Ninth
street. Mr.. Chandler hopes to prove that
the iron plate which covers all such gut
ters was out Of place on the night Mrs.
Ewing was injured. He proved by the wit
ness that the gutter was at point In the
pavement over which the city had control.
Mr.. Knowles was informed that the plan
was drawn two years ago, at which time
he could not state the condition Of the
gutter at the time Mrs Ewing was injured
The burden of proof concerning the condi-
ton of the gutter at the time the plan was
made and at the time Mrs Ewing was in
jured is on the plaintiff and therefore Mr..
Chandler will zealously attempt to prove
that the conditions were different. Mr..
Carswell said when he had made the plan
the gutter was not deeper than the ordi-
nary pavement drain, being az inches deep
and 1l-16 inches wide. He believed, how
ever that the conditions of the sidewalk
and gutter were the same, he having used
the thoroughfare for years. He had seen
broken plate over the gutter.
Mrs. Ewing was next called. She walked
to the stand with the assistance OF an UNI
brella and was allowed to occupy a chair
while giving her testimony. She said she
is the wife Of Luther W. Ewing, that she
lived at No. 734 Poplar street at the time
of the accident, which happened while she
was on her way home from Grace Church,
where she had listened to lecture She
was accompanied by Mrs. Dora Schultz,
who walked nearest the curb. While pass
ing the house Of James Y. Chandler she
stepped into a hole which, upon examina-
, ton, was found to have been the gutter the
plates of which had been separated, allow
ing sufficient space for the heel Of her shoe
injured. but she managed to hobble home
with the assistance OF her friend. Then the
ankle was found to be ntlamed and grew
exceedingly painful. The following three
months she was compelled to sit with her
spraned ankle on a pillow; for ten months
The injury had been doctored nearly two
years by Drs. Patterson and Tomlinson of
this city and DR.. Morton OF Philadel-
phia.
While Mr.. Knowles was crOSs-eXamninS
the witness she said she did not call In a
doctor until three months after the acct
dent because of personal reasons DR.. Pat
terson was the first physician called and
he found her condition such that Dr.. Tom