Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-03-21
SUPERIOR COURT.

isirate Reynolds of Middletown was
ordered to- correct his record, By
agreement of counsel, the certiorari
wassustained and tho Judgment below
was reversed.
Settlement was reported in the
damage suit of John M. Lacey VS.. the
Baltimore a. Philadelphia Railroad Go.
Lacey was hurt in a collision on the
bridge over the Brandywine.
Settlement was reported in the case
OF Elizabeth q. Fraim VS.. John q.
Fahey.
The question of whether husband
should be joined in damage suit for
injuries to his wife was before the
Superior Court Friday morning. Della
Hatto1 of Philadelphia had brought
suit against the Wilmington City Rail
way Co. for damages for injuries re-
ceived in the accident at Eighteenth
and Market streets LAST summer.
Walter Fl. Hayes for the railway com
pany filed a plea in abatement, claim
ing that the property parties had mt
been given, for he hold that the hus.
band, George y. Hatton, formerly Of
this city, should be joined as party
plaintiff. William S. Hilles, for Mrs.
Hatt1n, argued that the wife alone
COuiu DfiuR bEcu SulG.
In presenting his argument, Mr..
Hilles cited q New Hampshire case
which he said went, back about
Thousand years or 30. Shakespeare was
quoted by Judge Foster in the decision
10 show the status of the wife in the
days of feudalism.
Chief Justice Charles B. Lore was 10
years old Saturday and the occasion is
the subject OF fluctuations. At the ses-
sion Of Superior and General Sessions
Courts Saturday, members of the
bar extended their best wishes to the
presiding judge. Judge Lore is the
| fourth Oldest member in length of years
at the bar. He was admitted In 1861.
His predecessors who still live are
Judge William O. Spruance, admitted
| in ls5o; Richard q. Cooper of New
Castle. 1858; Benjamin Nields, 1859
Chief Justice Lore was born at Can't
WELLS Bridge, St. Georges hundred.
He began the study Of law under Judge
Finley in Philadelphia ard had he
continued without interruption. would
have been ready for admission in 1865,
but the death of his elder brother. re-
| quired his return home and he did not
resume tile study OF law until 1853. His
preoeptor from that time was Chancel
lor Bates.
| Judge Lore first went ON the bench
| in 1888 and has been State judge ever
since except for four days, frum June
10th to June 14th, 1897. an interval left
between the PRONUNCIATION of the new
Constitution and Judge Lore's ap-,
pointment hereunder by Guy. Tunnelk
His last commission was made out
by the then Secretary of State William
III. Boyoe, now associate judge for Sua-
sex county, who is sitting in the court
here. Judge Boyce was admitted to
the bar in 1887, Judge James Penne-
will, associate Judge for Kent county,
who is also sitting here, was admitted
TO the bar in 1873.
A visitor to the court Saturday,
was Judge Grubb, who added his con-
| gratulations to those already received
by the Chief Justice.
In the case of William Nichols vs..
the Mayor and Council of Wilmington,
the certiorari for review of the con-
demnation proceedings for park drive
through Nichols property between the
Rockford Park and the Kennett turn
pike, was granted as matter Of right.
| The certiorari goes over to the May
term. Mr.. Nichols objected to an
award of 6 cents damages for his
property. Lilburne Chandler represents
| Nichols.
Herbert H. Ward presented an
amended petition, rule and writ in the
mandamus case Of the Oxy-H Hydrogen
Go. vs.. the Mayor and Council of Will
mington. The company desires the city
compelled to show cause why it should
not grant the Company permission to
oEen the streets for the purpose of lay
ing gas pipes. William s Hilles. repre-
senting the city, was not prepared to
consent to the filing of the pauers be-
cause of uncertainty as to their effect
on the previous proceedings. and the
matter was held up temporarily.
A rule for writ of possession was
made absolute in the case OF the Secut-
ity Trust and Safe Deposit Co. VS..
Gresnwalt.
| The case of Thomas Tulley, admins
traitor of William Tulley vs.. the Phila-
delphia, Wilmington 81 Baltimore Rail-
road Co., was put on trial before a
special Jury in the Superior Court
Monday morning. The plaintiff was rem
resented by Josiah and David T..
| Marvel, and the defendant by Andrew
O. Gray and Herbert Ii. Ward.
William Tulley, boy, was on car
on one OF the sidiugs Of the Brandy
wine branch near Buena Vista street,
when other cars we're pushed against
it, He fell off and was run over and
killed.
The following special Jurors were
drawn: James M. Hurst, Harry Gregg,
John M. Rothwell, James Webster,
William F. Smalley, Thomas r..
Day,Daniel THOMPSON, Giles Lambson.
James u. Challenger, Joseph For
wood, John r. Handman and John S.
Dayett.
| After plot of the tracks had been
introduced, Thomas TulIey, a brother
of the deceased went on the stand. He
testified that the accident took place
August 25th. 1896; that his brother
was on coal Car, and about climbing
from it when the other cars wers
forced against it. He fell and was cut
in half. No warning was gwen.
John Gro3scup, cf Delaware City,
an engineer, testified to seeing the
accident. He saw Harry Tulley on the
end OF car, and heard someone say
You can't pass, come back - Next,
the cars were pushed up and the acci-
dent occurred.
Jerry Sweeny, one of the boys IN the
crowd that was playing about the
tracks, also testified.
In Super ior Court futher testimony
for the plaintiff was taken in the
$50, 900 damage suit of Henry Tulley e
administrators vs.. the p, W. & b.
Railroad Go. Harry Wiltbank, Morris
Maloney, John Kennedy, Harry M.