Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-03-17

THE NONSUlT WAS GRANTED.

But 1t Was Refused by Plaintiff, an Adj
verse Jury Verdict Accepted, an An APP
peal Taken.
Argument on the motion for non
suit in the 500. 600 damage case of Mary
A lice Cresswell vs. the Wilmington IL
Northern Railroad Co., was completed
in the Suparior Court Tuesday after
neon, Senator Gray, for the defendant,
making the closing speech Five sea-
Bions of court had been occupied in the
argument. The court yesterday morning,
granted tho nOnHuit, hut the plaintiff
declined to accept q nonauit, and the
Jury, acting under tho instructions of
| the court, returned q verdict for the
defendant. This will allow the plaintiff
to take an appeal.
When court opened yesterday morning
Chief Justice Lore said:
"Tne motion for nonsut has been
argued with signal ability on both
Sides The facts have been discussed
clearly and forcibly and the law pre
scented with precision and lucidify
shat are remarkable--we might say, ex-
haustiye.
"In consi dering the case the court
does not zee that there is any new ques-
tion of law raised. Nothing that has
not been substantially passed upon by
the courts of this State, or that has
not been settled by we'll adiudicated
cases; ana therefore practically set at
rest. so that the case strikes US as
being narrowed down to the simple
question of whether the case as pre-
scented by the plaintiff is such as would
warrant this court in submitting it to
jury.
1.-The absence of any contested ques
tion OF law relieves the court, we think.
of any necessity for a detailed state
ment OF the grounds or reasons for the
conclusion we have reached.
Looking at the case as presented BY
the plaintiff, taxing any REASONABLE,
conclusion. in the judgment OF the
court, that may be drawn from the tos
timony, We think ii comes within what
has boon as clearly Expressed by thu
court aH wo can now do, in tha case o
wheatley vs. r., W. & u. railroad (:
HardeBty, 62l. ..--..
at is with great reluctance tina
courts take cases away from the jury
but where the evidence on The part o
the plaintiff is Huch, that il verdic
was found for tho plaintiff, the cour
would be constrained to set it aside, il
| 10 uob uul} IbHhuHuDlcS pub ~ 10 bh
duty of this court to stop the case a
that point.
'Such, in our Judgment is the cae
that has beon presented before US, ant
we therefore direct tho entry of non
euit.'
Mr.. Higgins-"Wo decline to aocep
nonsuit, and we ask for verdict"
Chief Justice Lore" Gontlamen o
the jury: For tho reasons stated, tn,
court direct you TO return a verdict fo
the defendant. ~
The plaintiff noted an exception t.
the charge OF tho court.
The jury returned verdict for de
PENDANT.
Counsel for plaintiff wnH allowed
until April lat TO file bill at excep
TONS Anthony Higgins and ALDER
! Constable represented Mira. Cresswell
and Lewis Q. Vnndegrift and Senate
Gray represented the railroad company
In Superior Court, the money from
tho Gale OF the shoo stock Of Jennie S
Hopes waa Divided az follows: j. 3
Bellows, Sl5; 9. ~ Stevenson, S42S. 80
j. l. Menney a. ca, $ll047.
Argument on a motion for new tria
in the case Of Agnes Kerr was Tboma
/, , Shea. in which the plaintiff had 80
: cured q verdict, was begun by Davit
T. Marvel representing Mr.. Shea, th
actor manager. James W. Ponder op
posed the application.
After hearing argument, the cour
consented to grant now trial.