Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-03-02

the defence, made motion on Friday
afternoon in arrest of judgment. This
allows the defence four days in order to
decide on its course.
A non-suit was granted in the case
Of Buker vs.. Carroll, which involved
the question Of the delivery of deed.
At Saturday mornings session of
| court, judgment for want of plea was
| granted in the case of Guthrie VS.. Nc
Lane. Argument was heard on demurrer
| in the case of Thomas vs.. the Grand
Trunk Railway Go.
Another damage suit, that Of James
e. Maull of Lewes VS.. the Queen Anne's
Railroad Co., was Put on trial in the
Superior Court on Monday. Maull
sues fer injuries sustained in January,
1897, in having his right leg broken
| while stalking" cars. Horace q,
Knowles represented him, and Charles
W. Cullen Of Georgetown, the railroad
company. William T. Clayton Of this
city is foreman Of the jury. William
w, Calhoun OF ST. Georges was ex'
cused from serving on the jury.
The plaintiff claims that tho railroad
company was negligent in not pro
viding the engine with reasonably safe
and proper appliances.
He was employed as brakeman,
and was assisting in the construction
of the road. With several cars an
attempt was made to take flying
switch at Queenstown. 10 do this the
engine starts to draw the cars, and
having given them some impetus is
uncoupled from them and increasing
its own speed crosses a switch which
is then thrown to permit the cars to
enter it, In the present case, the wit
ness said the cars did not have enough
of q start, and consequently part of
the cars entered the switch and part
remained on the main track. Then a
rope was attached to engine and a car,
but the rope broke. Then q sapling
which had been cut that morning was
placed between the engine and car
in order to push the cars along. Maull
was holding one end of the pole when
he noticed its bending. Fearing some,
, thing would happen, he jumped to get
and struck him on the right leg, break
ing it. After some delay he was brought
to the Delaware Hospital, where he re-
mained for two months. The leg gave
him much pain and is shorter than the
other. He has been unable to do hard
, work or to continue his trade as brake
! man. He had formerly earned $40 to
s72 month. Since he has made about
, q dollar day.
Maui said that he used the pole
, under the orders OF Master Mechanic
Z Scott.
Charles +. Sweeney, freight con.
2 ductor on the Delaware railroad, ane
N. L. Henderson, an engineer on tht
/, Maryland division, testified that il
= !. was not the proper kind of q push pole
7 Mr.. Henderson said that its use in the
way described was not good railroading
DIR. James III. Morgan testified tina
= Maull is a cripple for life. The wount
. will always give pain.
' Adjournment was taken until 2.3
I. o'clock. sl'al
The case Of James f. Maull of Lowe
VS.. the Queen Anne's Railroad Co. cam
;. to a conclusion in the Superior Cour
: on Tuesday in verdict for the de
fence. After the plaintiff had close
Monday afternoon, Charles W. Cullen
for the defence, moved for nonsuit
y on the ground that fellow-servan
contributed to the accident, of con
tributory negligence of tho plaintiff
q and assumption Of risk. Horace q
: Knowles, for the plaintiff, opposed tn
- motion. s
Y The court announced its decision o.
" Tuesday which was in favor Of grant
;. ing the nonsuit. Maull was held t
. have taken the risk incidental to hi
" position of brakeman, and had neve
!" given notice to. tho company that tn
= push pole was dangerous.
!" The plaintiff refused to accept tn
y nonsuit, and the Jury, under the: in
- structions Of tho court, returned
:, verdict for the defendant. This wi
! enable the plaintiff to take an appea
: to the Supreme Court.
ss A GRAIN CASE IN COURT.
'. The case of Jesse L. Shepherd V:
t. George It. Mcintyre was put on tri;
a on Tuesday, Benjamin Nields for th
,e plaintiff, who lives at Middletown, On
,e Henry 9. Conrad and William L. Wai
id burton of Elkton, for the defendant
le who lives at Warwick, Md. Mr.. Shel
OF herd seek to recover 1858. He claim
n. that Mcintyre agreed to sell him =, q
or bushels of wheat at III. IL IA bushel, bt
that on the day on which he had agree
A. to deliver the wheat, he refused
H. do so: and wheat having advance
then to S1.50 bushel, the plainti
10 sues to recover the difference betwee
or the two prices.
e The agreement with Mr.. McIntyi
n was made by Samuel M. Reynolds, a
~ agent for Mr.. Shepherd, who drol
:. over to McIntyres place May All
H. 1903, in company with Miss All
he Mckee. Mcintyre accepted the Off
do of 81. II and said he would deliver Il
- wheat the following Monday. Mi
nm Mckee, who was accompanied in cou
he by her friend, Miss May Holton
in Middletown, corioborated Mr.. Re
10 nolds' testimony,
~ William S. Hilles presented the pet
II tion OF Arthur X. Kee, Thomas Gre
~ and Samuel Il. Landers, road cor
III nissioners Of New Castle hundred as
ing for u writ of peremptory mandam
10 to compel the Mayor and Council
ice Now Castle and James L. White, cc
Iector of taxes of New Castle, to pi
.rs the commissioners 5000, which shou
n have been paid, according to the pei
or. tion, by November 1st, 1903. as requir
of by law. The court issued rule
as. show cause returnable on Saturd
~ next. n
in. Further court proceedings on iiftth puee.l
nt -