Delaware gazette and state journal., 1902-12-18
$4,000 FOR MRS. COX.
Awarded Verdict in Her Suit Against tn,
City Railway Co.

for alleged slanderous language used
by the defendant during the hearing or
while hearing was pending before
Magistrate Naudan in March, 1853. |
The court decided that as M. Burris
was representing the plaintiff in the
case before the magistrate the language
was within the privilege OF the at
torney, and instructed the jury to
return verdict for the defendant,
the plaintsff's attorney declining to
accept O non-suit.
Both sides being ready, the case of
Elmer Z. Cox's widow against the
Wilmington City Railway Co. was
taken up.
Elmer Cox was killed by trolley car
operated by the defendant company and
Messrs. Lyman and J. Harvey Whito-
man for the plaintiff alleged that the
accident was the result Of reckle5sness
on the part of certain employees of the
company. Walter II. Hayes represents
the company.
Elmer e. Cox received injuries that
caused his death by heiug on a wagon
that was struck by trolley car on tie
18th of September 1901, on East Ninth
street. between French and Walnut.
He died at his home, AIS Shearman
street, few days after the accident
The vehicle was covered delivery
wagon owned by the Hartmann &
| Fehrenbach Brewing Co.. for which be
was driver. When the car struck
the wagon several beer kegs which we're
| in the wagon were hurled against Mr..
| Cox, causing the injuries.
In oIening the case Mr. Lyman said
| that he would show that the trolley car
4 IN rarid urd ufnlont
manner. He also said that he would
prove that the mctorman did not ring
4 his bell nor give any signal Of warning
Mrs Eva M. Cox. widow OF tho
victim, was called and she told Of her
husband being brought home injured
and of his death. She said her husband
was employed by the Hartmann &
Fehrenbach Brewing Co., and received
| 6ll a week.
Albert II. Briggs said he was sitting
on the porch of his brothers. house,
925 Walnut street, one evening in
September, 1901, when he heard a crash
as If two trolley cars had run together.
Harry Vale, oolorsd. who was stand
ing with Loper on Ninth street, told
practically the same story as Loper.
lie said he did not hear any bell or
signal Of warning. He thought the
man in tho wagon attempted to pull
his team out to the side OF tho street
bsfore the accident. The noise made
by the car before the accident was as
IL it had fat wheel.
George Burns, colored, also testified
TO having seen the accident. He said
he helped colored man who was in
the wagon and was hurt. He did not
hear any bell or signal of warning. He
also said that Ninth street was we'll
lighted. He thought the car was
running as fast as horse running
away and be heard the scraping of a
wagon wheel against the track as If il
was trying to turn out of the track.
Police Officer Michael Maloney took
the stand and told of having arrived
at the scene of the accident shortly
after it had happened. He said the
inotorman told him that he did not see
the team until the horses head came
through the car window
In the Superior Court Friday the
jury in the damage suit of the widow oi
Elmer z. Cox against the Wilmington City
Railway Co., was charged and retired to iti
chamber at once. After deliberating fol
two hours the jury returned with a verdict
Of 500 for the plaintiff.
The case of Joseph Roberts against the
, p, w. a b. Railroad Co. was begun. Il Ii
! an action brought for the recovery of dam.
ages for alleged false arrest on the afternoon
of January 9Th. 1902. Roberts alleges that
he was IN French street. passenger station
, waiting to meet his wife, whom he expscied
to arrive in the city on train due TO arrive
between 5 and O'Clock that afternoon. II
was 5.35 O'Clock when Special Officer John
Gordy arrested him on the charge of tres
passing. The case was disuissed in this
Municipal Court on technicaiity.
Arfnn and Martin [miih IN
the plaintiff and Ward 81 Gray the defendant
company.
After the plaintiff had presented all of his
evidence Mr.. Gray asked for a non-suit or
the ground that Officer Gordy had not beer
connected with the railroad company ant
that there had been evidence brought out tC
show that Mr.. Gordy was appointed 10 ao
IS special officer by the Board of Polici
Commissioners. Mr.. Gray contended tina
, corporations we1e not responsible for th'
acts of it's agents when appointed by tht
public government. He argued that the
srecinl officer took the same oath that wa
taken by other officers and could be removed
, from his po ,ition by the public government
Mr.. Gray cited several cases in support o
mis- argument.
Tho only incident at the trial OF tht
damage suit Of Szymanski VS.. +,
Blumenthal & Co., in the Superiol
Court Monday afternoon was tho sud
den going out of the electric lights
/ leaving the court room in darkness. /
was nearly time for the court to sd
journ, SO the Chief Justice said tha
as the jurymen wanted to get off earl,
he would adjourn the courl
instead of lighting the court room
with gas.
The case on trial was started Mon
day morning and special Jury wa
drawn TO try il. The widow of Szyman
ski is seeking to recover damages 10
the death Of her husband, which is al
!, legged to have been caused by in iurie
sustained by him while in the emplo,
of the defendant company, by reason o
4, defective machinery.
i At Tuesday mornings session E.
Miller, an expert on machinery, wa
upon the stand with a model of
drum. For thrse-quarters of an hou
q one question held the attention of tn
: court and jury. 1t was whether or no
: shafting was dangerous and wha
a dangers there we're in shaftirg sticking
/ Finally it was amended and the stick
4 ing of pulley on shaft was testified
3 to as dangerous and would cause th
! drum to Ieyolye.
, Mr.. Hilles cross examined the wit
ness relative to where he obtained hi
education as millwright and he sal,
in paper mill in Cecil county, Md
Witnoss testified that the drum was n
more dangerous than other drums @
/. like kind.
a The taking of expert testimony 70
n the purpose of showing that the piec
r of machinery which is alleged TO hayl
g caused the death of Andrew Szymanski
d in tae factory OF f. BlumenthaI a. Co
was dangerous consumed the entir
fs,,a in Yha Cnpar - ro.,rE ,.astar :,