Evening journal., 1897-12-10
THOMPSON'S CELLAR
Testimony Showing That it
Was Guarded and Lighted.
CIVIL ENGINEERS ON THE STAND

CIVIL ENGINEERS ON THE STAND
THE CELLAR DOOR WAS WITHIN
THE LINE PRESCRIBED BY
THE BUILDING ORDINANCE-MO-
TION FOR A NON-sUIT RE
FUSED.
Yesterday afternoon and to-day the |
suit of Mrs. Ellen DOuth VS.. John |
Thompson englossed the attention OF |
the Superior Court. Plaintiff and de-
fendant live in New Castle, and it was |
there that the accident happened which |
eliminated in the suit.
1t is alleged that on March 10. 1894, |
while Mrs. Louth was walking along |
Delaware street in New Castle, She fell |
down an open cellarway in front OF Mr..
Thompson's property and sustained in
jures from which she has suffered ever
since. She is represented by John II.
Rodney Alexander B. Cooper appear
ed for the defendant.
The first witness TO take the stand
was John +. Campbell. 1t was his first
appearance in the role of civil engi-
I uEtIs Uul llt N1clllANu W lllN NlAllNhoAOAAo
OF the pavement with all the abandon
of a veteran.
Mrs. Louth testified that on the day
of the accident she was passing four
! girls. who were coming towards her
In stepping out of their way she feil
into the open cellarway and sustained
s. 900 worth of damage.
'On the night of the accident" said
Mrs Jennie Townsend, the next wit
ness, Mrs. Louth came to my house
and she seemed to be suffering / saw
her again on Sunday. Some time later
! / went with her to the Methodist Hos
i pital for treatment. Before the fall she
seemed to be a healthy woman, nut
since the injuries were sustained she
has been sickly."
DR.. Richard r. Tybout testified that
two days after the fall he was called in
to see Mrs. Louth, and found her
bruised. After treating her for two
weeks he sent her to a hospital
Miss Reba Saunders swCre that she
was passing ThOmpson's store on the
day in question. Hearing a noise she
looked around and saw that Mrs. Louth
had fallen. She Immediately assisted
her to her feet. This testimony was
c0rrobOrated by that of Misses Julia
Tindall and Carrie Jones.
Louis Louth, the last witness called
yesterday afternoon, swOre that before
the fall his wife was healthy. but that
since then she had been sicSly
In the divorce case Of Hannah E. VS.
Robert G. Glenn the court handed
down a decree Of absolute divorce
This morning Lewis Louth, Mrs
r Mary Jones and Mrs Mary Louth gave
7 testimony as to the manner of the ac-
cident and the nature of Mrs Louth'i
: injuries.
V The plaintiff rested. and Mr.. Cooper
IS for the defendant, moved for a non-sui
y on the ground of contributory negli
I. gence. His motion was refused by the
Z, court.
Calling of witnesses fer the defenc,
: then began. c. Edwin EclSles. clerk O
the City Council, of New Castle, testi
o fed to an ordinance, passed May IS
o 1876 which provides that the cute
v edge of a cellar door must not be NOR
= than four feet from the true building
o line. He produced a plot. which wa
e admitted in evidence, showing meas
y urements he had made, and testifie,
), thai the edge of the cellar door wa
e fouk' feet eight inches and a Fraction
: over from the huilding, but he coul
(. not say that the building was out {
S. the true building line.
E w. A. KINNEY, city engineer. testi
fed that to the best of his recollection
Thompson's house is twenty inche
I back from the true building lin,
L. which would bring the cellar doc
g within the four-foot line by a safe MAJ
D. gin.
ID Mr.. Thompson stated, when calle
* upon tO'testify, that the. cellar way wa
- guarded with two barrels and a boar
vs. across them. The place was also we
e lighted and anyone could see the oper
o. ing at night