Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-01-06
INTERESTING CASE SETTLED.
Dfsconiinnapce of Miss Ellen K. Lewis
suit for $I5,0O0 Damages.

UtscOnttnnaDce iOf Miss Ellen Is, Lewis
suit for SI5,OU0 Damages.
Expectations for an interesting trial
10 the 3l5, 600 damage suit OF Miss
Ellen X. Lewis. va. the Wilmington
City Railway Go. were dashed in
Superior Court Monday morning. when
Horace. q, Knowles representing the
plaintiff announced settlement and
asked for discontinuance. Tho costs
will be paid by the defendant.
Miss Lewis claimed damages for in
| juries alleged to have heen received in
Septembar, 1891, when-a lighting from
a street car at Elliott avenue and
Market street she was violently thrown
| To the ground hy the sudden starting
of tho car. Sha haH been under the
care of Dr. Van Lennen of Pbiladel-
lsphia. An Nray photograph of her lsg
showing diseased bone alleged to
have resulted from the accident was to
have been one OF the exhibits in the
| triak
But last Saturday evening Willard
Salisbury for the railway company and
Mr.. Knowles for Miss Lewis reached
an agreement in the case with the re-
| suit as already announced. Mr.. Knowles
| when asked as to the terms OF settlement
said they were entirely satisfactory to
| the plaintiff.
Judge Spruance gave the opinion of
the court in the case OF Henry II.
| Smith garnishee defendant below az
pellant vs. j. ". Iioopes IS Son. The
court decided that. wages were prior
lien that rent came next and after that
uther claims. The wages were repre-
sented by Hugh q. Browne and the
.attRching creditors Hoopos& Co.. was
4 represented by j. 2. Nields.,
1 Il. II. Ward and Walter H. Hayes ap-
| piled for the reduction of the tail of
element Conedon, publisher Of the
Sun. George d. Msdill of Newark had
sued Mr.. Congdon for libel and bail
had been fixed at s., MIR. Cong.
don's attorneys claimed that this was
excessive, and the court reduced it to
81, 800.
In the case of Alice and Thomas
j Mnllan Vs. f. Blumenthal Il Co.. Viii.
lard salisbury, for the defendant, de-
sired 10 file Petition for the removal
of the case to tho. .United States Cir
cult Court, offering Richard Patsowsky
as security, ile stated that he had in!
formed John Biggs.e attorney for the
hplaintiffs. of what he proposed doing,
whereupon Mr.. Riggs had told him he
wo,fld move ITO amend his narr. The
court held un Mr.. sSaulshury's petition
until Mr.. Biges should arrive. Mr..
Biggs came into' court and asked leave
to amend his narr- by striking out the
words "$5 000'' and inserting tbe
words "$l. 95o." The object of thit
was to keep the case in Superior Court,
whereas il tla claim we're upwards oil
81. 600 it might beremored to the Fed
eral Court.
Superior Court allowad Mr.. Biggs II
file his amendment and declined to al,
low Mr. salisbury to file his petition.
The proceedings were novel, in that Mr..
Biggs had taken advantage of Mr..
naulabury S information to prevent Mr..
salisbury getting the case removed. 4
Messrs. Knowles ami .HarmRn filed
their exceptions in the caae Of Delaware
Lodge, |. o. o. f., SIS. George A llmon,
and the case will go to the Supreme
Court. In the case of use of Toy vs.
John McClaiferty, ruls for writ o.
possession was made absolute.
Matters not otherwise disguised oil
were continued, on motion OF Waltel
II. Hayea. and about IL. 80 O'clock court
adjourned sine die.