Evening journal., 1897-03-05
STAR WITNESSF0R CITY
James Riley Swore Directly
Contrary to Plaintiff Pierce.
OTHER DAMAGING EVIDENCE

ATTORNEY COOPER ATTEMPTS TO
SHOW THAT THE WITNESSES
ARE EMPLOYEES OF THE CITY.
REX'S JURY AWARDS HIM $1,000
DAMAGES.
Robert Rex's suit against Pull
mans Palace Car Company in Superior
Court resulted yesterday in a verdict
for the plaintiff for $4,000, for the loss
OF the use of his right arm while work
ing at the Wilmington shops of the de-
fendant company.
Messrs. Bradford and Vandegrift i'm
mediately moved for new trial, and
argument will be heard within the
coming fortnight The jury was dis
charged.
PLAINTIFF PIERCE'S WITNESSES.
Superior Court continued yesterday
afternoon with testimony in the George
w. Pierce case against the city for S10,-
600 damages for driving into an uncov-
cred hole. Dr. Joseph r. Smith testi-
fed that Pierce's injured back is very
painful and incurable, and Pierce is un-
fit to do much manual labor. The bruise
on his shin developed into a running
sore.
Horace G. Knowles. for the common
wealth, moved for a nOn-suit after the
plaintiffs witnesses had all been heard.
Mr. Knowles cOntended that according
to the plaintiffs own testimony he was
guilty Of contributory negligence in
driving into a place which he knew to
be dangerous Mr.. Knowles also held
that it was an act of Providence that
caused the accident, the day having
been rainy, causing the street to be
slippery.
Mr.. Cooper objected to the non-suit
on the ground that the hole existed in
the street for a number of years. as was
shown by witnesses. He held that the
city should have repaired this defect
The testimony of Pierce showed that he
did not know of the existence of the
hole.
Mr.. Knowles, upon being refused a
non-suit, opened for the defence, and
proceeded to show that Pierce was
guilty of cOntributory negligence, that
he was driving a wagon unfit for the
best road, that he was warned, and that
! there was plenty of room to pass along
! the street without injury.
Samuel Chambers, Street and Sewer
! Nllt tttoI at Tic llultt SdlQ luGIt WdS no
! hole in the middle of the street, but
near the curb there was one. William
| Stout saw the rickety wagon. very
| heavily loaded, passing down Sixteenth
! street, and saw it upset while turning
the corner. George Cochran swore that
| Pierce's wagon had enough on it for
three horses, and Pierce drove it at a
lively gate. Cochran warned Pierce
that he would upset If he didn't care
fully turn the corner, and slow down.
TESTIFYING FOR THE CITY.
William Nichols, colored, was on the
stand this morning. He swore that
there were holes in the street there
caused by recent rains, but he did not
consider any Of them dangerous. Mrs.
Emma Hagan testified to Pierce COM
ing to her house twice that day after
the accident.
James T. Riley, of No. 1905 Scott street.
was the star witness for the defence. He
swore that the street was not in bad
condition, except muddy and sticky;
that there were no bad holes in the
street, had there been he would have
seen them helped set up Pierce's wagon,
and it was not damaged. for he drove
it right off again. Pierce did not ap-
lpear to be injured, as he jumped around
as lively as a cricket moving the furni-
| ture on to COchran's wagon.
e. o. Thompson was called by the
plaintiff, and swore he did not hear OF
see any warning. although seated right
beside Pierce on the wagon. Pierce was
recalled and swore that Cochran had
told him that the city deserved to be
sued for the hole had existed some
time. but urged him not to bring him
(Cochran) into the case, as his carts
would surely be discharged from the
city's service.
Both sides closed and agreed to con.
sumo but one hour each before the jury
Mr. Cooper, after submitting prayers
that the city assumed proper care o.
the streets when it became corpora
ton, and was liable for Pierce's injur
les. damages to his wagon and to th'
furniture of which he was responsible
opened to the jury at 1915 and finished
his opening a few minutes before cour
took a recess.