Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-03-15
CONTRADICTORY NEGLIGENCE.
So Declares the Railroad Company u
Rnopr Damage SUR.

the Girard Life Insurance, Annuity and |
Trust Go. Thursday afternoon. Robert |
ii. Maxwell, for the defence moved for |
the nonsuit on the grounds that the |
representations made were of prom |
issory character; that concerning the |
order of the United States Court it is
purely a question of law; that |
1t is case of opinion in which |
both plaintiff and defendant are
entitled to equal consideration, and that
it is evident that the plaintiff did not
rely upon the representations of the re-
ceivers, in that he went to the United
States Court and examined the order CT
the court,
William s. Hilles, for the plaintiff,
opposed the motion, holding that case
had been made which should be- eft to
the consid ration OF the jury.
George Tucker Bispham, for the de-
fence, spoke Friday morning, replying to
Mr.. hilles, and celebrating and defend
ing the reasons advanced for nonsult.
His address was very interesting to
the numerous attorneys. He concluded
about II. 10, and court adjourned until
]. 30 o'clock.
At 2.lo O'Clock the court announced
the granting OF a nonsuit. Mr.. HilleS,
hNbbEuby lOE LILO hNtithOa "
accept nonsuit and by direction of
the court the jury returned u verdict
for the defendant.
In Superior Court William S. Hilles
is to fl lie his exceptions in the case of
Frantz vs.. the Girard Trust Co., by
April I'd, preparatory TO carrying the
case to the Supreme Court. This is
| the Case in which the Superior Court
Friday directed the return of yer.
dict for the defendant. The case OF
Stansbury j. Wiley VS.. the Girard
Trust Go. was continued.
In the demurrer case OF Lucy F..
White VS.. William II. Moystin the
court held that proceedings were not
stopped by litigation in Chancery. The
defendant was granted until March Gath
to file an amendment.
For the defendants in the case of
William Wilson VS.. David J. Fury and
Keziah Fuzzy, l.. /. Handy moved for
guashing writ for scire facias pro-
ceedings upon Judgment. Wilson,
who is represented by Col. Nields,
claims S445 with interest. In 1882 Will
liam Wilson secured Judgment against
Mary G. Fury, who died and left will
making David }. Fury her executor.
The Judgment has been standing ON the
court records since 1882. In November,
1899, writ of scire facias was issued
in favor of Mr.. Wilson against David
j. Fury and his wife, Keziah Fury,
who were thus made parties to the suit.
Mr.. Handy argued for the quashing OF
the writ on the ground that terre
tenants could not be made parties to a
suit on the Judgment which has elapsed
by reason Of the 10-year lien law.
tpuS al Ian haarl in tho rnGt
, of the use of Emma Smith vs.. william
Simmons, sheriff, Ii. ii. Ward, fol
plaintiff, and Benjamin Nields for the
defendant. The amount involved i,
S4SS. &C. The question is whether tnt
, sheriff applied the excess of a sale Il
the proper Judgment. Two Judgment
were claiming the money; he paid t
one and now the other wants salts
faction.
The court refused a new trial in tn,
= case of David Boulder VS.. Joseph s
u Petit,
The damage suit OF Jacob Knopf VS.
the Philadelphia, Wilmington 4 Balti
more Railroad Go. was put ON trial il
> Superior Court Monday,
= Mr.. Knopf was represented b.
= William S. Hilles and Robert H
y Richards, and the railroad by H. II
y Ward and Andrew G. Gray. On Jun
II I'd, 1898, Knopf, who Is baker. wa
J. struck by Eorthbound train Will
driving across the Landlith crossing
= His wagon was demolished, but he an
the horse escaped with their lives. III
:, wants 5000 for damages to the hors
= and wagon, and damages for his per
i sonal injuries. lie said he was hun
m about the head and in the back. wa
"a incapacitated from work for thre
"a months and had to employ help fc
i. that time. He said he has been ur
,e able to do his regular work SINCE
" William B. Carswell, engineer, sui
"a mitted a plot of the scene of til
,s accident. Knopf testified that befol
q driving ON the track he listened, b,
n heard no sound of an aprroachir
"a train, and had no warning. A freigi
nj train cut off the view. As q result
$. his injury he is unable to lift hea,
ar weights.
ne David j. WingGeld, Photographic
All testified to photographs of the scene
or the accident and noighborhood.
te DIR. John j. Jones testified to atten
Of ing knopf, and to removing mai
nc ounces of blood and tibrin and seru
d. from his back. The patient still h
no an enlargement on one side Of his ba,
,ts and it affects the muscles. This W
az be likely to continue.
,er Mrs. Philippine Carling of No. 13
al East Fourteenth street helped wash t
he dirt and blood from Knopf's face. S
eli saw the train going by Fourteen
II. street, but did not see it strike Kno
) at the Marsh Road crossing, about
lis feet away. II passed Fourteenth sire
,ur at about % or 30 miles an hour in b
in opinion.
ID, Eva Schultz, little girl, was the !;
SO. witness at Mondays session.
ler swore that she heard the crash a
t then the blowing of the engine whist
Jed Naturalization papers were grant
his TO Lodovieo Pesaotre and Peter Gil.
We none, natives OF Italy, who VI
cir vouched for 10y Samuel Moran.
ing Defence was opened Tuesday in
'er- Superior Court damage suit of Jat
ous Knopf VS.. the p, W. & b. railroi
zee, Contributory negligence is claimed.
e it AT Monday afternoons session,
his the plaintiff, William Agesta, Charlo
the Kempsey, Christopher pfrommer tel
to fed.
William S. Hillas, for the plant
our submitted in evidence the city OF
pom nance making it unlawful to rul
ON train above six miles an hour IN
who city. 1t was testified that the tr
can which struck Knopf, was running
20 or 25 miles an hour,
ped Tuesday Mr. Pfrommer, Hert
ESQ White, Caroline Schoen, Louis Reel
IS, a II. K. Now and the plaintiff were
I |