Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-01-05
SUPERIOR COURT REoONyENES
Rcassembling of the November Term ut ths
Court House on. Tuesdny--Case OF Price
VS.. Tine Charles Warner Co.

Reassembiing of the November Term nj the
Court House on. Tuesdny--Case OF Price
VS.. Tine Charles Warner Co.
Superior Court reccnvened Tuesday
morning. in its November term. Upon
the application of Willard Salisbury.
for the descendant, the case OF Lawless'
administrator VS.. the Pussy d Jones
Co, was continued until the February
term, on account Of the illness OF
William w. Pusey.
John Biggs announced the settle
ment of the case OF John Holland vs..
the receivers of the Baltimore & Ohio
railroad Holland had his arms broken
at the Lowering avenue crossing of the
Baltimore Il Ohio railroad by being
struck by a train.
The trial of the case of George T.
Price VS.. the Charles Warner Co., was
begun. Price was represented by John
Biggs, and this company by William
S. Hilles.
Samuel Morrison, who had been
summoned as juror, was excused
because he was i'll. Tho court had
also received word of the illness OF
William Cloud of Brandywine hundred.
Cne of the jurors announced that
Thomas L. j. Baldwin was unable to
be present; Robert Whittock had not
been summoned because of an error
in his address. A certificate from DR..
Clifton announced the illness OF Will
liam Loclserman. ...
When the jurors were called the
plaintiff challenged Thomas N. Stay
ton, and the defence challenged Ed
ward Graves.
The jury as sworn comprised the
following:
David w. Elkinton, William Vickery,
James Carpenter, Jr., Thomas David
son, Thomas r. Day, William A. Nor.
rison, Caleb N. Price, Clayton NJ.
Riley, Joseph B. Chandler, Merritt
N. Willitts, George w. Gray, John
Nivin.
Mr.. Biggs briefly outlined his case.
Price was the motorinan on an east
bound Maryland avenue car, which on
August 18th, 1897. was struck at Fourth
and Tatnall street by coal wagon
belonging to the Charles Warner Co.
The front of the car was crushed in
and Price was severely injured.
The Witnesses were George Z. Price,
Elisha B. Cullen and Harry cCadden,
Their testimony tended to show that
the driver of the wagon was careless
ana negllgenG,
The trial was continued on Tuesday
afternoon and yesterday morning.
DIR. j. Harmer Rifle and DR.. e. L.
Negendank testified that Price sus-
tanned injuries to his leg and chest.
He was in the hospital about 10 days.
John Sillitoe and Samuel w. Simmons
testified to seeing the accident.
The witnesses for the plaintiff this
morning were 7. w. Smith, @. f.
Davidson, W. Church, Harry Taylor,
II. B. Vandegrift.
For tho defence the following wit
nesses were examined; August Bickta,
Assistant General Manager II. b.
Vandogrift OF the city railway com
pany; f. Tatnal Warner of tho Charles
Warmer Co., Chief Engineer George II.
Boughman of tho city surveying de-
partment: r. w. Tadman' Sheriff ]. e.
Taylor, Officer Daniel Kelleher, Louisa
Dresdow, Samuel Speakmap, Entriken
Neumayer aud Charles r. Ewing.
The defence is attempting to show
that the Car ran into the wagon, and
not that tho wagon caused the acct
dent.
After the adjournment for dinner, II
members of the jury were taken to the
scene of tho accident, Fourth and
Tatnall streets, Juror Davidson being
excused from doing SO. Court ad.
journed until 8 O'Clock yesterday after,
noon.