The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-01-25
THE SUPERIOR COURT
MRS. !. a. STRAUSS WINS A VERDICT
AGAINST THE CITY
The Jury Awarded Her s4,I82.e 20
Damages 4 Her e5, 900 SUIT Against
b city OF Wilmington fo-. the Death
or Her Husband on Account of IDJur-
les Received by Falling Into an Ex-
cavation-verdict Against Captain
Harper for $50.

Pursuant to adjournment for ecess
on Tuesday evening. the superior court
at $50 o'clock yesterday morning
Judge Hoke presiding.
Under the act of 1885. Sheriff Sted- |
man returned the following jurors as
summoned for the day: }. o. Brown, |
d. H. Penton, w. H. Hardy, r. L. San
F. Beasley, w. G. Craig. Alonzo Hew-
lett, L. c. Sutton. R. F. Rowan, w. H.
II. Todd. The court excused Jurors ].
o. Brown and James I. Nets.
THE STRAUSS DAMAGE SUIT.
The trial of the suit of Mrs. J. r.
Strauss, administrative OF her deceas-
ed husband. w. H. Strauss, against
the city of Wilmington. claiming dam
ages to the amount Of s25. 900 On the al
legation that his death was caused by
falling into an excavation on Third
street between Chestnut and Grace
streets. was resumed.
Marsden Bellamy, Esq, closed the ar
gument for the plaintiff, speaking
about an hour and a half. He made a
mastery argument to show that the
accident to MI. Strauss was caused by
the city's negligence. He commended
all the authorities and decisions in
similar cases sustained that view that
the city was liable. He argued pointed
ly that the defense had utterly failed
to produce a single authority to suS-
tain their contention that the city was
not liable for damages. He also strong
ly presented the evidence showing that
Mr.. Strauss met with the accident on
account of the city's negligence in fail
ing to put a prope safeguard at the
crossing where the excavation had
been made for the gutter on Third
street, and that the evidence was on
elusive that the accident caused the
death of Mr.. Strauss. In conclusion
he made a touching appeal to the jury
to do justice in its verdict to the fam
lily for the great loss it sustained in the
death of husband and father.
E. K. Bryan, Esq. closed the argu-
ment for the city. He mad a strong
speech to show that the city was not
ages claimed, he made a strong argu-
ment against the theory that because
Mr.. Strauss was earning a certain sal
airy he would have been worth to =.
family a certain large amount in a GER
tain number of years. On the contrary,
he argued that as Mr.. Strauss advanc-
ed in age his earning capacity would
decrease, showing that the amount OF
damages claimed could not be based
upon what he was earning at the time
of his death. He also impressed upon
the jury that the evidence showed
that Mr.. Strauss had accumulated no
wealth up to the time of his death, and
that if he could amass nothing in his
younger days. 1T was reasonable to SUP
pose that he could accumulate no large
sum as he grew older with a growing
family On his hands 70 care for.
1t was 1890 p. M. when Mr.. Bryan
finished his speech. and hen Judge
Hoke delivered a clear. fair and impair
tial charge ito the jury. 1t was nearly
2 O'Clock when the jury retired and at
3:45 p. m. they returned with their YER
dict, answering the issues as follows:
1. Was the plaintiffs testator injured
by the negligence of the city of Will
mington? Answer, yes.
2. Did the plaintiffs testator con-
tribute to the injury by his own negli-
gence? Answer. no.
3. What damage, if any, has the
PLAINTIFFS testator suffered? Answer,
$4,192.2 20.
The jury which tried the case was as
follows: j. H. LeGwin. W. G.. Fergus,
George>T. Bland. o. A. Virgins, E..
Hewlett, A. C. Penton. j. W. Barnes.
Jr, Walker Taylor, E. w. Rogers, A.
Brewer. F. A. Mason. j. B. Dempsey.
DAMAGE SUIT AGAINST CAPTAIN
HARPER.
At the afternoon session he case of
Iaura Gertrude Hales by her father
John HI. Hales. against Captain John
w. Harper was put on trial, B. 6. EN-
pie. Esq, appearing for the plaintiff
and Marsden Bellamy. Esq, for the de-
Tense.
The plaintiff. who is a child now
about 8 years OF age, sued for damages
for injuries received by falling into an
open hatch on the steamer Southport,
April 3, 1899. The testimony showed
that the accident occurred about eight
miles from Southport while the steam
er was on her way to Wilmington.
While the little girl was ait the water
right behind her and she fell into it on
a revolving shaft. BY the accident she
lost one of her front teeth and received
other injuries.
AT $50 p. IN. the Jury returned a YER
dict answering the issues as follows:
1. Was the plaintiff injured by the
negligence of the defendant? Answer,
yes.
2. Did the plaintiff contribute to her
injury by her own negligence? Answer.
no.
8, What damage. If any, did the
plaintig sustain? Answer. $50.
The jury which tried the case was as
follows: M. o. Brown. D. H. Penton.
w. L. Duke. lone Hewlett, VIM.
Simpson, George Grant. George H.
Rogers. w. II. Hardy. M. F. Beasley,
L. c. Sutton, w. f. Penny and Stephen
Greelish.
The court took a recess till 10 O'Clock
this morning when the case of Mrs.
Zillah Fowler against John J.. Fowler
will be called for trial. This case in
wolves the validity ito a deed for a
piece Of city property.
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THE AGRICULTURAL COLLEGE
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