Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-06-14

Mr.. Nandegrift argued that the men
who swore that the track and truck
wero all right knew what they were
talking about. He said he believed
Mr.. Bird would" hold that they said
the truck and track were all right.
speaking from their general know ledge
as it was their duty to examine them.
Mr.. Bird Remarked that he would |
make that point, and MIR. Vandegrift
said he wanted TO smoke him out.
Publication was ordered in the di-
Samuel Mclaughlin. The return Of
Judge Pennewil read the opinion of
the court IN the case Of Samuel D.
Fol hes rs. Gavin Thompson and John
Walther. The court vacated the sheriif's
return which summoned Mary e.
Walther as garnishee Of her husband.
The married women's act Of 1878
was considered in the case. The attach
ing creditor in the case relied on that
act for authority to sustain his garn.
ishment Of the wife, but the court held
that there is nothing In the act TO con
fer such power and that therefore Mary
f. Walther coald not be- summoned as
garnishee under tho attachment in
| question.
Chief Justice lore charged the jury
| Monday morning id the damage suit OF
Jesse j.. Ray vs.. the Diamond State
| Steel Co., in which the plaintiff,
represented by Lew q. Bird and
Andrew E. Sanborn, asked for a verdict
of $1,000 for a broken leg aud burns.
The defendant was represented by
Lewis G. Yandegrift and Charles NJ.
| Curtis. The Chief Justice reviewed the
claims of both sides of the plaintiff,
| that the accident occurred while in
the line of his employment he was help
ing to push truck loaded with hot
iron that the accident happend be-
cause the track and truck were defect
i've, of which defective condition the
defendant. had notice. The defendant,
however, claimed TINT both track and
truck were in good order; that 1t was
not within the scope oil the plaintiff g
work to assist in pushing the truck,
and that the injuries were the result OF
Ray IS own negligence.
The court said 1t was the primary
duty of the master to provide reason
ably safe place IN which to work, and
safe tools and appliances. Where ma.
chinery is defective in, the knowledge
of the emploYe, yet If the master
promises to remedy the defect and the
employe. relying upon that promise,
continues to use it for n reasonable
time, he does so at the masters risk,
irasmuch as he has right to rely upon
such promise. ~.
The burden was upon the plaintiff to
show negligence of defendant by a pre-
ponderance of testimony. 1t must be
the result Of the defendant only; for if
the plaintiff contributed proximately
in any way to the accident, he may not
recover. N,
The jury retired about 10. 80 o'clock.
Mr.. Vandegrift asked that an excep-
tion be noted to the charge.
The court granted divorces in the
cases OF Lille Mclaughlin VS.. Samuel
Mclaughlin and EtGie ia. Brown vs..
Joseph Brown.
Argument was heard ON an applica-
8 tion to reopen the judgment secured by
j. W. Hall against Clerk of the Market
Michael Connell. Hail charged the
/ clerk with false arrest and secured I
verdict for $500 from jury Of inquisi
I, ton, Mr.. Cornell not having appeared
/. Monday, Mr.. Conoell, through Cit,
Solicitor Henry O.. Conrad, tried tt
9 have the judgment set aside. Horace
4 G. Knowles representing Hall. Tough
b the application, and the court used it
discretion to cut down the award Il
v $500, which was the amount of dam
I ages asked by Mr.. Knowles.
q On motion of Walter H. Hayes, al
Y matters remaining in unsettled stat
i were continued until the next term.
"For the defendant" said Foreman
"a James Carpenter, Jr., OF the specia
/ Jury which has spent several days il
IS hearing the case of Jesse j. Ray vs.. tn
k Diamond State Steel Co. in announcing
tine verdict in the county court room
}. Tuesday morning.
* The Jury had been out nearly
10 hours, having retired to its room abou
h TO- 30 o'clock Monday morning. Whe
Nd no agreement had been reached up {
Monday night, 1t was Thought that dis
', agreement would result; but at Tuesda
ar mornings session, when the jury wa
,e brought in, Chief Justice Lore cause
(: some surprise by directing that th
,, verdict of the jury be taken. Aftt
|. breakfast Tuesday morning the jury ha
~ come TO its agteement in favor of til
Id defendant. F
an Eight ballots were taken to reac
the verdict The first stood eight {,
Ii. the defendant to four for the plaintiff
Id On the second, the vote was niue
On three. and no further change results
lie Monday evening. Tuesday morning II
to three came over to the defendants sid
II. When the verdict was announced
court, Levi c. Bird and Andrew ]
ay Sanborn, for Ray, and Lewis q. Va
y degrift and Charles NJ. Curtis, for Il
IA. steel company, were among those pre-
nd ont. After the rerdict was taken Chi
he Justice Lore was about TO dischat
*. the jury, when Mr.. Bird asked to ha
by it polled, but the demand came t
nd late.
err The Jury was discharged with thaut
m. 1.-The parliamentary will minister
re- your financial wants." said the Chi
ed Justice. Tho iurymen received s.
4 !. for pay aud mileage.
rem Ray, the plaintiff, was knocked dow
by truck. loaded with hot iron, viii
upset from its track, and he sustain
ms a broken and scorcned leg. He claim
ck. that truck and track were defecti,
MD One member of the jury once Work
The in silver mine where he ran q tru
10 on track. He had 10 keep both
Of repair and he knew from exporter
les that the truck might Jump the ira
ift without the slightest apparent eau
not So that he strongly advocated
yed theory that Ray was injured IN
Mr.. unavoidable accident.
IN. The cases of Hiram M. Thomas
aid the Grand Trunk Railway, j. +.
|, to Laughlin, d. b, a, VS.. Farmers Natio
and Bank Of Oxford. p. b. r., and State
and Delaware on the relation of Rata
line Bernardo vs the Italian Mutual len
Society were discontinued
5tba Damllrfers were overruled in