Delaware gazette and state journal., 1897-06-03
SUPERIOR COURT.
Opening Of the Damage Suit of Oliver n /.
Courrney's Administrator Against the

Opening of the Damage Suit of Oliver n /.
Courtney's Administrator Against the
CITY. WE
Superior court met on Monday to
begin the trial of the case OF Oliver II.
Courtney's administrator vs.. the Mayor
and Council Of Wilmington. W. S.
Hiles and L. Bayard Iieisel appeared
for William Il. Carsweli, the admins.
traitor, and City Solicitor Robert q.
Harman appeared to defend the city's
interests.
The following jury was drawn to try
the case: Foreman, II. Lewis Arm
strong; Henry N. Silver, Charles Wal.
ton, Eher Talley, Daniel Slack, Harris
b. Mcdowell, Joseph Derrickson,
Richard l.. Naudaiu, james N. Warren,
John Nevin, John W. Dennison and John
Z. Cochran. Jr.
Thomas Davidson. Edward Gray and
James W. Denning were drawn and
objected to by the defence. None were
challenged by counsel for the plaintiff.
After the jury had been sworn Mr..
Hilles opened the case for the plaintiff,
detailing the incidents attending the
death of Oliver ii. Courtney on the
night of November I'd. 1896. Courtney
was driving the steamer Of the Phoenix
wv WIbn II was
into a trench on Market street near
Eighteenth, killing Courtney. The
plaintiff claims that his death was ,iue
to negligence on the part of the city in
not properly guarding the trench, and
claims, $50. coo damages. The defence is
that the city is not guilty of the charge.
William b. Carswell was the first
witness called. lie presented a plot
of the scene and explained it.
Deputy Coroner Chandler testified to
holding the inquest.
James Patterson, driver of the Phoenix
engine, William Walker, member,
and A. B. MeP. johnson and William
ii. Griliths, who witnessed the accident,
also testified.
Little progress was made at the after
noon session.
Counsel for the. plaintiff rested and
on Tuesday Immediately after court
opened City Solicitor Harmau opened
the case for the city. He proposed TO
show, he said, that the excavation was
carefully guarded with about dozen
red lights, besides large arc light di-
rectly over il. That in addition to this
there was fence about the excavation
and a watchman with a lantern. lie
also proposed to show that Courtney at
the time was racing with the apparatus
of the Friendship Fire Co. and was
thus gnilty of contributory negligence.
Tho first witness called was II. Chalk
Icy Hatton, who produced drawing of
the place where the accident occurred,
running from Sixteenth aud King to
beyond Eighteenth and Market streets.
He also explained the distances and
grades.
William Hicken, who was foreman in
charge OF the culvert which was being
built, was the next witness and testi-
fed to The arrangements of the signal
lights and the fence.
Leslie V. Qhristy. clerk at the Street
and Sewer Department. produced two
plates of photographs which be took of
the place the morning after the acci-
dent.
Walter L. Fountain, the Waterman
on duty the night OF the accident, was
the nest witness. He testified that
Policeman Solomon notified him that
the alarm bad struck and that the
engines would probably cross that way,
He was positive the lights we're all
burning and he and Officer Solomon,
together vito colored man and several
other persons waved their arms and
shouted at Courtney TO go to the right.
He was very much excited, he said,
and didn't remember very clearly Just
what happened after the engine went
into the trench
Patrick Higgins, who lives at Eigh-
teenth and Market streets heard the