Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-16
SUPERIOR COURE
Hearing of the Case of Lewis Louth vs..
John Thompson.

DupbtlOr lOurJ wednesday afternOun N
favor OF Willmsn for $50. W. +. Kurtz
for Spain, made motion for q new
trial.
The appeal case ul McConnally &
Robinson rs. John d. Connally was put
on trial. John q. Gray represented the
| firm, and Judge j. Frank Ball. Con-
nally. The action was to recover 500
\ on a bicycle alleged TO have been sold
by ]. II. Evans, acting as agent for the
| firm, to Connally. Evans delivered the
wheel and gave receipt for $50, ex.
! pectipg to get the full amount, but re-
ceive1 only 50. 10. For the defenue,
Connally swors that Evans represented
| that he owned the wheel and gave ii
in payment of bill of S52. l5 owen by
Evans to Connally. Joseph Wooleiy,
W. II. Penny and f. II. Davis gave
testimony. Magistrate Pritchett was
called by Mr.. Gray to testify az to Con-
nally's statement at the original hear
ing before him. The court ruled, how
ever, that no judge or justice from a
lower court could testify in cases before
this court, as it would establish dan
| gerous precedent.
after argument the case was given to
the jury with the charge by Judge
Spruance. a verdict in favor Of Con.
nally was given.
The court handed down a decree OF
divorce in the case OF Hannah L. Glenn
vs. Robert G. Glenn.
4 A jury was drawn to try the damage
case OF Lewis Louth and Ellen Louih b
VS.. John Thompson. This is the New
Castle case. John Ii. Rodney represent
ing the plaintiffs and Alexander B.,
Cooper tine defendant. Damages are
claimed for injuries received by Mrs.
Louth in a fall down, a cellarway in
front Of the store tenanted by Thomp-
son on Delaware street.
The accident occurred on March 10th,
1894. Suit was entered against the city
of New Castle, but it was retired.
The only witnesses at that morning q
session were John +. Campbell, who
testified to measurements in front OF
Thompson's store, and Mrs. Louth,
who had the fall.
Adjournment was made until 2.3l
O'Clock.
When the hearing was resumed
Mrs. Jennie Townsend testified that
Mrs. Louth came to her house on the
night after the accident and seemed Ia
be suffering, and has since been sickly.
DIR. Richard r. Tybout swoie that be
was called in two days after the acci.
dent and found Mrs. Louth bruised.
After treating her about two weeks he
sent her 10 a hospital, Ter case being
obscure aud difficult to correctly diag
nose.
Miss Reba Saunders, Miss julia
Tinuall and Miss Carrie Jones testified
to the accident, and Louis Louth testi
fled to his wife 8 condition. Mrs. Mary
j. Jones and Mrs. Louth were on the
stand Friday morning, and after taking
their testimony Mr.. Rodney rsster.
MIR. Cooper moved for non -suit on tht
ground of contributory negligence, bu
the court refused the motion.
G. Edwin Eckes. clerk of the CITY
Council of New Castle, testified to al
ordinance passed May 18th, 1875. whict
provides that cellar door must not ex
tend more than four feet beyond the
, truo building line. According TO Mr.
Eskles' measurement the edge OF thu
cellar door was four feet and eight ant
a fraction inches from the house. II,
, testified to a plot of the locality which
,, he had made.
W. A. KINNEY, city surveyor of Nov
Castle testified that in mis- recollection
! the Thompson house was in the neigh
borhood OF 20 inches back of the tru
building line.
John Thompson, the defendant, tes
titled that the cellar door was guarded
I board resting upon barrel at eithe
. side. After the accident the womai
whose name he beard TO be Mrs. Louth
walked away and did not seem to b.
. much hurt.
!, Albert Foster, clerk in Thompson
! store. testified that the place Wa
. | 1arl ,,la of liuhf
:, He said Mrs. Louth did not appea
! much hurt.
Adjournment was made until 2.3
'clock.
There were many cases considered a
Saturdays session.
In the suit of John Grier against th
Arlington Mills Manufacturing Go.
Andrew Z. Sanliorn, counsel for th
company, secured the rule vacating tn
: return of the sheriff of service on Johl
p. Ahrens as manager OF the Arlington
Mills. lie proved to thE satiafactiol
; of the court that Mr.. Ahrens is no
the manager, but simply clerk in thl
employ of the company. This, in al
probability, will require new action
1t was not shown in the testimony tina
: any of the officers of the company or
residents OF Delaware.
John p. Nields naked for a decision
; of the court as TO whether wages hav
priority over rent in case of distress
; iu the case stated wherein ConstabI
Smith sold the effects OF Joseph i
Stewart and the funds in the con
! stables hands were attached by j. W
Hopes 81 Son. The case went owe
until next Saturday.
In the case of Vushel vs. Cavender
/. Peter Il. Cooper, DR., asked for rnl
TO show cause why there should not b
! satisfaction On certain Judgments. Th
/. application was donied.
: Tho case Of William o. Shallcross vs.
! the p, W. & b. Railroad Co., was dis
: continued, having been amicably set
! tied. Mr.. Shallcross had alleged il
I his suit that be was accompanying cattl
i from NJ iddletown to Trenton, n. j.
. some time ago and while coming I,
! Wilmington from the west yard was in
iured by falling into Shipley run sewer
: In the case of John Levy vs. Pau
Gillis, Philip Q. Churchman. counse
for Mr.. Gillis Withdrew the motion TO
a new trial. which he made on the da.
the jury made its return.
The appli cation for reopening O
2 Judgment in the suit OF Ii. NJ. Thoma
OF Kent county VS.. the Adams EXPIRES
. Co., was denied.
4 In the damPge case of Lewis an
q Ellen Louth VS.. John Thompson. bot
/. sides argued the law before the Su
. rerior Court Monday morning
+ The decision of Thomas Smith. }. ?
Doughteu and James S. Dobb, re
ferees in the case of Mrs. Mary Ohand
II