The sun. (Wilmington, Del.) 1897-19??, 1900-02-20
at the intersection OF Second and Mad

at the intersection of Second and Mad
ison streets.
The accident by which Mr.. Higgins
had sustained injuries, which incapaci-
tated him from making living by work
ing at his trade, house painting, was
due, claimed Mr., Cochran, to negligence
on tie part OF the Street and Sewer De-
partment's employees in failing TO put
danger signal at the place Of excavation.
MIR. Higgins, the plaintiff WAS the first
witness called. lie stated that the acct
dent occurred to him ON the morning Of
Noven Der 2G, 1897, while responding to
an alarm from box No. II. Mr.. Higgins
claimed to have Jumped from the truck
in order to avoid striking tree, when
the front axle broke from dropping sud-
denly into the excavation in the road
bed.
In the fall Mr.. Higgins suffered con-
fused wound upon his leg which neces-
STATED an operation at the Homeopathic
Hospital and he further said that he had
been unable to follow his usual occupa-
ton, either as fireman or painter
since the date of the injury.
The plaintiff witness was subjected to
rigid ross.examination by Mr. Cahoon
who tried to bring it out that Mr.. Hig-
|
at which time he secured pension OF
service during the civil war. Mr.. Ca
boon intimated, or rather tried to get
Mr. Higgins to acknowledge, that he had
represented himself to be q chronic
4 rheumatic and subject to lumbago, az
we'll as sufferer from catarrh. 1t was
a lengthy ordeal and owing to Mr.. Hig-
gins being very deaf brought the color to
Mr.. Cahoon's cheeks, in his efforts to
make himself heard and understocd.
DR.. Lewis W. Finn, chief surgeon OF
the Homeopathic Hospital, described
the operation performed upon Mr.. Hig-
gins and Of the probable effects OF such
an injury.
Theodore f. Pratt, member OF the
Delaware Fire Company, described the
accident TO the truck in which MIR. Hig-
gins was injured. His story corroborated
the story told by the plaintiff.
John P. Williams, tillerman OF the
truck, also corroborated the two former
firemen's testimony, as did Harry T.
J Gilmore, who was also on the truck at
the time.
Argument was heard by the Court yes.
J terday morning in the case Of the Farm
, crs' Bank of Georgetown va. David T
Marvel. The bank asks to attach $37E
belonging to Mr.. Marvel and held by
State Treasurer l.. Healer Ball. The
money is the ex-judge's quarterly pen
sion from the State. The bank holds j,
Judgment against Mr.. Marvel and wishei
! 10 attach the pension money to satisf.
the debt.
The question involved is whether pen
sion money can be attached in thu
] hands of the State Treasurer; uhethe
y DIR. Bali, State officer, can be mad
) garnishee, the general principle beinI
r that it is impossible to sue State o
make State defendant in legal pro
J. ceedings.
a H. II. Ward for Mr.. Marvel move
IS for, the dismissal OF the proceedings
John Biggs, OF this city, and E. R. Payr
: ter, of Georgetown, for the bank move
!" that the judgment be made absolute an
=. the money paid to the bank,
Decision was reserved.
Two cases OF the Fidelity Mutual FIJI
le Insurance Co. We. Hart & Bro. and s.
er Simmons 4 Bro. were settled. p. ]
IN Cooper, Jr., and G. 3. Evans represente
the plaintiff and William Micha
he Byrne, William S. Hilles and Hoffeck
I'd K Hoffecker the defendants.
tt In the appeal case of John F. Nj
Whorer va. John Hildemeyer, judgme
m was given McWhorter for costs.
G. The nulla bona cases OF Charles
%. Sparks We John T. Millikin were settle
". Settlement was reached in the case
Levi Taylor, Sr, vs Paul Gillis, ct I
Argument was heard in the certiorf
case OF Trump Bros. Machine CO., {
PENDANT below, We. Winfield S. Right
A rule for writ of possession in the CO
Els of Dolby VS.. Miles Clark was made
turnsble next Saturday.
80, few minutes before Court adjourn
'io last evening William H. Head, attorn
for State Treasurer Ball offered mott
requesting the Court to dismiss the n
to show cause why the treasurer shot
ms not pay certain mileage to Represen
ng- tive Robert Burns of the Delaware Leg
m, lature. The Court will hear argum'
Ihe on the case at its convenience. The
on. ton OF Mr.. Head will probably be
rilt cause of bringing the matter before
OTIS Court at an earlier date than it wo
=, otherwise have done.