Delaware gazette and state journal., 1896-03-26

j. At Wednesday afternoons session OF
superior court Judges Cullen and
Marvel on tho bench, the Seward dam
age case was resumed. DIR. Bullock,
the first witness, said that tho trouble
Mrs Seward had complained Of could
have been caused by fall.
DIR. /. W. Tomlinson would not ex
pect fall to produce such trouble, ms
that with which Mrs. Seward was now
reported to bo suffering. He thought,
however, that such might be tho result.
Dr. Willard Springer thought such
q fall might produce the injury. DIR.
j. Paul Lukens said such fall would
be likely to cause the trouble com.
planned OF. DIR. Luken's testimony was
corroborated by DIR. August HegendanS.
DIR. William O. Pierce gave evidence
to the effect that Mrs. Stewards INJURIES
might have resulted from the fall.
When DIR. Pierce had finished DIR. j.
Harmer Rile'a namo was called by the
plaintin. lie WAS about to. take tho
stand, when Judge Cullen expressed
the opinion that enough expert tcsti
mony had been heard Mr.. Bird,
counsel for the plaintiff, insisted, and
no was allowed to proceed Dr. Rile,
va pbtuk Cdllbtls blhltu LnuL nHu nD
been called to attend Mrs Seward on
the night she received tho fall he
should have concluded at once that the
trouble resulted from the fall. He
thought she might have wrenched her
back in falling, and the trouble might
have been produced in that way.
Drs. Blocksom and Winner and
james Brown also testified, the two
nj iai taytn I.
Mrs. Stewards injuries and tho letter
telling about the trench.
The Court announced that each side
would be limited to two hours for
argument.
John Biggs, attorney for the plain
tiff in tho suit of Frank T.. Griswold
W. the r., W. & B. Railroad Co.,
stated that the case had been settled.
The trouble was over car belonging
to an "Uncle Toms Cabin" Co..
which the railroad company refused to
move from Middletown, as it was un-
usually wide.
On the application of Lewis @. Van
degrift, counsel for the plaintiff, Austin
Harrington was appointed commits
sioner 10 tako testimony in the divorce
suit of Nickerson vs.. Nickerson. The
defendant is represented by e. II.
Cochran, Jr.
The Court on Thursday refused to
allow the Seward jury to 90 ont TO view
the sidewalk at Fifth and Harrison,
whore the accident TO Mrs Seward
took place. The application was made
by Mr.. Knowles of counsel for the
city. Tho Court refused it on the
ground of a change in the condition
of the place.
Most Of the morning was occupied by
counsel ON each eide presenting their
points of law to the court.
About noon Mr.. Sanborn began argu-
mont to the jury.
Mr.. Sanborn suggested the amount Of
sl5, 900 AZ damages for the consideration
OF the jury. Court adjourned about
u. 40 until o'clock.
The argument to the jury was finished
Thursday afternoon. Mr.. Knowles an
City Solicitor Harman spoke for the
city. Mr.. Bird closed for the plain
tilfa. The jury was charged by Judge
Cullen.
The Judge declared that tho city is
bound to keep the highways in good
repair; that the city is not liable for
damage resulting from washouts by
storm il it has not had time to mako
repair, but il the city has had time to
make repairs it is liable; highways
In the outskirts as well as in the heart
of the city must be kept in good con
dition. He hold that If Mrs Seward
did not use care she could not recover.
He contended that the city is liable for
excavations in the sidewalks even il
they are not the work of its agents. In
the course of the charge he declared
that the act of Assembly upon which
the defence claimed that the plaintiff
had no right TO recover Is unconstitu-
tional, as far as tho present case is
concerned. Counsel for the city had
claimed that under tho act of April
4th, 1889, the responsibility for in
juries due to excavations in the side
walk was upon the owner of adjacent
property, unless the work was done by
the city's agents.
City Solicitor Harman noted an OK
ception to the charge. The jury re-
tired about 10. 30 O'Clock.
Laurence O'Reilly of Delaware City
took out his first papers to become a
naturalized citizen in superior court
Friday.
In the case OF two judgments of
William McCaulley's executors against
Maria q. Ward, James w. Ponder, for
the defendant made motion on
petition for rule upon the plaintiffs
to show cause why the judgments
should not bo set aside on the grounds
that the obligations woro usurious.
The motion was opposed by Il. G.
Bradford. Tho Court refused the rule.
In the case of Charles Warner Go.
vs.. Jerome Glazed Kid Co., tho sheriff
upon petition moved for leave to de-
posit money in court. The amount of
the sale of the jerome Co. g goods was
81, ,44h27. The Court granted the
petition.
Upon application of Harry Emmons,
the time for filing the return of Com
missioner Francis M. Walker in the
divorce case of Dennis VS.. Dennis, was
extended until the May term. Mr..
Walker has been i'll.
General leave to amend was given in
the cases Of the American Fence Power
Go. Va. Mahlon b. Foster, and Craw-
ford's executor VS.. Clothier.
Various matters were brought up
ou Saturday morning. In tho case
OF Margaret Jane Fisher vs.. George S.
Robinson, executor of George III. Robin
son, which is suit on promissory
MUS, Jonn biBBs Tor the ueienuAnt'
asked that two remaining common
counts be stricken out. Three had
already been withdrawn. The Court
held that the bills of particulars which
had boen filed were insufficient and
unless proper bills were filed the counts
would be stricken out.
A curious error was divulged in q
statement made by Harry Emmons tc
the Court. He had brought suit
against George w. Gray and had on.
tered the mama of the nlaintiff "a