Delaware gazette and state journal., 1899-05-11
WILCOX DAMAGE CASE.
Suit Against City Railway Company for
Death of Mrn. .Inhnnnn a. IlIIcnx.


session of the February term, Chief
Justice Lore and Associate Justices
Pennewill and Boyce sitting, began on
Monday the trial Of the s25, 600 damage
case of Lewis L. Wilcox, administrator
OF johanna G. Wilcox, deceased, VS..
the Wilmington City Railway Co. The
plaintiff is represented by Robert G.
Harman and Horace G. Knowles the
defendant, by Willard Salisbury and
Walter II. Hayes. Mrs. Wilcox was
struck by Riverview car on Market
street, near Twenty.third, on August
10th. 1897, and died as result of her
injuries.
The following comprise the jury,
drawn from a special panel: Charles
+. Thomas, Wilmington, foreman |;
John w. Donney. Appoquinimink !;
Joseph H. Caleb, White Clay Greek !;
Patrick McGrory, New Castle; James
M. Downes, Pencader; George W.
Gray, Wilmington Frank b. Watkins,
st. Georges; George w. Mattiford,
Blackbird; William A. Morrison, Mill
Creek; William +. Griffith, White Clay
Creek; Clarence u. Poole, st. Georges (;
Edward Graves, Appoquinimink.
The plaintiff challenged Richard L.
Naudain, Appoquinimink Robert N.
Huggins, Blackbird, and James W.
Denning, New Castle. The name of
Merritt N. Willetts was drawn, but he
was absent. The name of William d.
Mullen of Red Lion, who is dead, was
also drawn.
In the narr filed in the case the
plaintiff declared that the car was
running at a high rate of speed, that
the gong was not rung, that the car
had no fender, and that Motorman
Moses Lowther, was an incompetent
man.
Mr.. Knowles, in opening the case,
said that they would prove that Mrs.
Wilcox was going from her residence,
No. 2S07 Market street, to Dress
makers, and was crossing the street
on diagonal. She wore sunbonnct.
The car struck her and knocked her
about 10 feet, and then struck her
again and knocked her q feet more.
He declared that the railway company
had implored and begged witnesses to
change their testimony. At this, Mr..
Hayes declared that the defence had
nc objection to that statement, if it
should also be allowed to go into that
matter. "The door is open," said Mr..
Knowles.
DIR. George r. Carmichael testified
that he was called into the Wilcox resi-.
dence and found Mrs. Wilcox lying
on tho lounge dead. She had injuries
on the right forehead and left arm and
was bleeding at the nose, mouth and
cars. He believed death resulted from
u fracture Of the skull at the base of
the brain.
Sanborn Burrows of No. 100 Vandever
avenue, driver of Charles Nj. Grubb's
coal wagon, saw the accident. BY the
time his horses walked about $50 feet
the car ran about three squares. 1t
was going like thunder and light
ning;" he estimated the speed at Is
to 20 miles an hour.
Chief Justice Lore announced on
Monday afternoon that hereafter court
would convene at 10 O'Clock and would
allow half an hour recess at noon, and
would adjourn at 4 p. m. This system
is used in other States and meets with
approval there.
The trial Of the Wilcox damage case
against the Wilmington City Railway
Co. continued. Louis Weidenman tes-
titled that Mrs. Wilcox was knocked 10
feet and then struck again and pushed
10 feet. He denied saying to a con
ductor and motorman on the Riverview
line that Mrs. Wilcox was rs much to
blame for the accident as tho motor
man.
At Tuesdays session, Jethro and
William Thompson testified to assisting
in carrying Mrs. Wilcox home.
William Fl. Powell. motorman for
10 or IL years, at one time employed
here, but now in Philadelphia, testi-
fn hn - lnrss
He had had two persons struck by a
fender and tumbled into the netting,
being saved from injury.
Powell said he knew of cases where
persons were killed by cars which had
Tenders.
Other witnesses were Martha War
burton, William j. Murine, Mrs. Ina
Poteet and Frank Dilworth. The latter
said he heard no gong after the car
left the top of the hill.
Court adjourned at / o'clock for
half an hour. .
At Tuesday afternoons session,
Samuel M. Knox testified from in
surance tables that the expectancy of
healthy woman so years of age was
Is to 20 years.
Emma Ahrens, Ellen Wogan, Null
vena B. Tuxbury, Margaret A. Murtha,
| Il. G. Concannon testified to the gen.
eral earning capacity Of Mrs. Wilcox.
Mr.. Wilcox. the husband, produced
the sunbonnet worn by his wife when
she was killed. 1t was admitted into
evidence.
The sight of the bonnet was too
much for Mrs. Emma Ahrens, the
daughter of Mrs. Wilcox, and she re-
tired to the woman witness room.
The plaintiff rested in the case of
Lewis L. Wilcox, administrator, vs..
the Wilmington City Railway Co., at
yesterday mornings IS session of Superior
Court. Walter H. Hayes of counsel
| for the defendant, at once announced
motion for nonsuit. The ground
for this motion was that the plaintiff
had not shown that the Wilmington
| City Railway Co. operated the Car
which caused Mrs. Wilcox's death.
Robert q. Harman Of counsel for the
plaintiff, argued that the company had
been connected by the declaration and
the evidence as to the motorman who
ran the Car.
The court adjourned from 12. 10 to l
O'Clock to permit the attorneys to look
over the evidence.
The court decided to grant the nom
suit.
| Junior American Mechanics.
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