The sun., 1898-06-01
THE SUIT
FOR WAGES
OF Richard H. Lodge Against A.
l.. AinscOw & Co., Decided in
Favor Of the Plaintiff.
AN AMUSING CASE IN COURT
A Horse Increases in Value After
an Accident.
Before the Catastrophe the Animal
Was Valued at $50, And as it
Was no "Skate," 1t is Now
Worth S1OO-.-Suit Against
Railway Company.
AN AMUSING CASE IN COURT

llS, d uuSc clI uhhCc Cliai Seu VIZ july III
the appeal case of Richard FL. Lodge,
y. b., a., VS.. A. L. Ainscow 4 Co., d. b..
r. At l0.40 the jury retired and shortly
before noon returned and reported to
the Superior Court that it had reached a
verdict for Lodge, the omount being
$1S9 OF.
Announcement was made that the
case of Edward Goodwin VS.. the Will
mington and Northern Railroad Com
pany, pending since November, 1897,
was settled.
Under peremptory rule for trial at
the next term of court, the case OF
Thomas Y. England VS.. the city was
continued. The case of Alice and
Thomas Mullin VS.. Bumenthal & CO.,
was continued until September.
Colonel Nields asked that Judgment
for want of appearance be entered against
George ". Vernon, Stephen Downey
and Daniel +. Stewart, in the cases OF
the use of the News Publishing Com
pany VS.. Peirce Gould ct. al, be stricken
from the record.
After consultation by the Judges the
request was granted.
A jury was then draw, to try the APP
peal case of William &. Beck. ct al, d.
b. a., VS.. William E. Jarrell, p. b. r.
Martin Burris represented Beck and
Gooding & Brockson were attorneys for
farrell. ...
Mr.. Gooding stated to the jury that
the suit was brought to recover balance
due on a note pearing date January !,
1894, made payable seven months after
date, said note having been made by
William G. Beck and K. NJ. Walton in
ravor of William Il. farrell. The face OF
the note was $l04 60, which the defend
ant promised to pay to Mr.. farrell. There
had been paid on the note $40 and $6.94,
making a total OF S46.s4 leaving a bal.
ance due OF $56.77, with interest amount.
ing to $3.50 and five per cent. collection
fees amounting to S3.67. The total claim
was $77.03. To recover this suit was
brought before magistrate and the yer.
dict went against Beck.
William f. farrell and Constable
Joseph G. Smith took the stand and
gave testimony concerning the making
Of the note and the payments and litiga'
ton which followed.
Mr. Burlis contended that his clients
endorser had paid the balance due on
the note, but that farrell had credited
the payment to some other account.
Walton testified that on August 5, 1895.
he paid Jarrell's $50 to give her hus-
band as Il payment on the note, and that
William G.. Beck gave him tire money to
pay to Jarrell. Beck corroborated this
statement.
Court took recess at LIS until 2 sc
D. M, at which time Judge Lore deliv.
cred the charge and the jury retired, re.
turning at p. m. and gave judgement
of S2i.04 to farrell.
A jury was empaneed in the case OF
Lewis Brown, colored, against the vii.
mington City Railway Company.
The plaintiff was represented by Lii.
burn Chandler, Esq, and the defendant
by Messrs. Willard Salisbury and James
Ponder.
Mr.. Chandler stated to the jury that
the case involved suit for damages,
claimed by the plaintiff against the de-
PENDANTS, to the mount of 81 600 for in
juries done to plaintiffs horse, the de.
structon of his wagon and harness, and
the consequent loss of his time resulting
from the same. He further claimed that
the accident occurred on the afternoon OF
July |, 1897, on Front street between
Market and King, and was due to care
lessness on the part OF the company's
employees and that the damages sus.
tanned to the plaintiffs property was
caused by collision between car No.
III, Riverview line, and his clients
team.
Lewis Brown, the first witness testi.
fled to owning the team in question, and
stated that the horse was worth when in.
jured SS5, the wagon lie valued at $6E
and the harness $l2. he stated that lie
was not present when the accident oc.
CARED. Us the team was driven by his
son at the time. He was summoned
shortly afterward and saw the condition
of the horse, wagon and harness.
He was asked by Mr. Chandler what
he valued the animal at now, Mr.. Sails.
bury objected on the ground that tie
horse might have received subsequent il
juries.
Before the court had an opportunity to
give decision witness replied that the
animal was worth 500 and not Il cent
less as it was no "skatp." This created
a laugh, and Mr.. Salisbury thanked Mr..
Chandler for bringing ont the point that
the .,nimal hGd increased in value since
it had been struck by the car On being
cross-eXamincd the witness stated that
he had paid Si2 for the wagon but did
not know how much the harness cost
when new.
Walter Brown driver Of the cart testi-
fed to coming down King street and
that street cl, aiming cart was standing
on the crossing al Fourth and King
streets He thought the cart belonged