Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-03-07
HARD TO SUMMON OUTSIDERS.


sheriTs Eaiurn In Damage Case SET Aslds
Commissioners Appointed.
Tbs necessity for some provision per,
mittiDg the service Of summons on local
representatives Of corporations or part
nsrships whose place OF residence II
outside the State was exempiifed In q
matter before the Superior Court FRIDAY
morning, William s. Hilles asked thai
the sheriH's return IN the damage
case OF Hoymanski 70. II. BlumenthA
a Co., be set aside 90 several grounds.
One OF them was that service on the
manager WINS not binding, under de-
cision IN o previous case. That de-
nision had held an act OF the Legisla-
ture to permit such service TO hs con.
uasy to the Federal Constitution. Tbs
return was set side Levi y. Biro
represented this plaintiff.
Several attorneys present agreed thai
there should be some method for sery
ing summonsss, II looks % If y Fed
eThl stauta would BIO required.
General Sessions Court announced the
appointment Of Joseph l.. Carpenter.
yr, J, jackson PIERCE, John A..
Mitchell. J. parke Ppstles md Charles
q. Dubell as commissioners 10 consider
the vacation OF Eleyenth street, where
1t srosses the Baltimore a Ohio rail-
road.
Judgment respoudant custer was
allowed the defendants in the repleVin
suits OF John II, 0'Donnell vs.. Mary
Morgan and Sarah Renner.
Sylvester ID. Townsend, Jr,, was ap.
pointed commissioner to take testimony
In the divorce case OF Knots vs.. Knots.
In the case OF the Slate upon the re-
latiun of John Edward Addicks vs..
the Street and Sewer Direc tors leave
was granted the 70 ators to amend the
petition for Handamus. rule to show
cause aud the alternative writ,
The cass of Adam Neuman vs.. the
Diamond State Steel Co., WAS TO have
been tried In Superior Court Monday
but on application OF the plaintiff, on
account OF tho absence Of material
witness, continuance was granted
until the next term. Neumau sued for
which bad been destroyed by flying
iron. lie was represented by Petar u.
Cooper and William S. Hillos, and the
company BY CHARTS M. Curtis and
Gray md Ward. The plaintiff was
allowed to amend his naFr and was re-
quired TO pay the costs OF this term,
exclusive OF the expense Of the special
jury,
The case Of Charles Il. Hirons and
Others vs.. the Wilmington City Rail
way Go. was continued on the applics.
tion OF Walter II. Hayes, for the de-
fendant. Peter /. Cooper represents
the plaintiffs
The first special Jury trial OF this
term OF superior Court was begun Tues
DAY morning and was OF tho case OF j, I'm
Robert Grimes vs.. the Philadelphia,
Wilmington 4 Baltimore Railroad Go.
Grimes - represented by ARENAS and
Martha II. Smith and the company is
represented by Andrew G. Gray and
Herbert II. Ward, William Talley Of
Brandygine hundred is the foreman OF
the Jury. Grimes wis employed by tho
Seidsl X Hastings 90. rs a laborer, and
on August Goth, 1899, was unloading
scrap steel from box car. lie claimed
that tbs car was started without warm
ing to him. aud that IL ran down an in
cline and against another car csus ing
him TO be thrown down aud hurt about
the head and arm and side. lie suf-
Tered. Q great deal Of pain and was in
capacitated for some time; now he 90,
oaaionBlly has headaches but his gem
erBi condition ~ about as good as il
was before the injury. lie had been
making ~ n week before that time.
He asks $1,000 damages.
On cross examination Grimes denied
that be had told Or. Draper aud Dr.
Ogle that his arm was paralyzed, but
he said he told them that az Tunes his
arm WAS numb. Nh. Grayhsked whether
he did not go to the Delaware Hospital
to hago an examination made and while
other was being administered, whether
he did not move his arms around, and
the examination was not i'm.
llnedislely stopped. Ee did not remem-
bsr that he moved tho injured arm ex.
copt when electricity was applied.
Mrs. Henrietta Grimes, wife Of the
plaintiff, testified to bis injuries. He
tainted after reaching home. DR..
was sent for. Cracked les |
was applied 10 the injured mans head.
lie was out of work four or five
months No questions were asked in
osS.exAmination.
Judgment for want of appearance
was granted the plaintiff in the case Of
the National Cash Register Go. ys.
Dssid II. Lynch and Michael Lynch.