Evening journal., 1897-09-20
EWING CASE AGAIN.
The City Restrained By Chan
cellor Nicholson From
PAVING OVER THE DAMAGES

HORACE G. KNOWLES WIN AN
IMPORTANT PART FOR THE
CITY-THE CASE TO COME UP.
AGAIN NEXT MONTH.
The motion made Saturday morning
by City Solicitor Conrad and Horace G..
Knowles. representing the city for re-
straining order in the Ewing damage
suit was granted in the afternoon
by Chancellor Nicholson. The order
stops all proceedings in the case until
October IL, when the chancellor will
decide whether the case is to be argued
in the Supreme Court or not 1t will be
remembered that Messrs. Chandler and
Hilles, counsel for the Ewings, made a
demand on the city for the payment OF
the damages.
The executions for the Ewing bill
was gotten from the parliamentary Of
fee by Mr.. Hilles, part counsel for the
plaintiff, and placed in the hands Of
Sheriff Finn for action. The writ,
however, was not served, and the Court
of Chancery was the only place where
the solicitors for the city could secure
the necessary stay proceedings
against Sheriff Finn. The case, as it
is now, win be argued in the Supreme
Court, as the new Constitution has
abolished the Court of Errors and APP
peals, to which court Conrad and
Knowles moved to have the case put.
AS it is now, the Ewings will have to
put up another fight before they get the
S5 ,OOO which a jury awarded them
against the city.
The Ewing damage case was decided
at the last November term of court
when Luther w. Ewing and Sidney E
Ewing sued to recover $4,000 damages
for injuries to Mrs. Ewings ankle
caused by two separated gutter plates
on Ninth street between Shipley and
/ Orange, on the night OF October is
/ 1894 At the previous September term
! Mrs. Ewing had sued the owners OF the
property, but that suit was dropped. Or
] Friday, December II, trial Of sui
against the city was begun and after
the jury had been out fifty-hve and
half hours. it was discharged on ac
count of inability to agree on a verdict
! The second trial began after the Christ
mas holidays and resulted in verdic
of $4,000 for the plaintiffs. 1t was on'
of the few cases that went against TIT
\ city during Robert G. Harman's tern
as city solicitor. Argument for new
trial was made on January 25, b.
Messrs. Harman and Knowles for tn
CITY and Hilles and Chandler for tn
plaintiffs, and resulted in victory TO
the latter new trial being refused.
The order restraining the city iron
paying the money and ordering tn
stay of proceedings until October 1, i
, as follows:
And now to wit: This 18th day O
September. 1897. the within bill of com
plant having been read and considered
it ia ordered by the chancellor that
rule issue and be served upon the dc
fendant, the said Sidney Il. Ewini
Luther w. Ewing and William /
I Finn. sheriff, to show cause, If an
/ they have. why the preliminary II
r. junction prayed for in said bill shoul
not be rewarded. returnable before tn
chancellor at the Court House, at Tent
and Market streets, in the city OF WI
! mington, Delaware, on the 1lth day
4 October. A. ID. 1897 at 10 o'clock; and
= is further ordered all proceedings
+ stayed and that the said defendant
Sydney e. Ewing, Luther w. Ewin
8 and w. +. Finn, sheriff, their servant
(, agents and attorneys, be and they al
n hereby restrained until the hearing an
q final determination of said rule fro
= taking any further action in the prem
Il ises whatever"