Evening journal., 1905-06-07
AGREEMENT IN
DR.. WALES CASE
Court Instructs Jury to Find
Verdict of Six Cents and
Costs for Plaintiff
ANOTHER DAMAGE CASE ON TRIAL

Before the Superior Court convened
this morning a conference was held be
tween counsel in the case Of DR.. John
Il. Wales vs.. the Wilmington City Rail-
way Company and a satisfactory agree
ment was reached. The court yas in
formed Of this fact and instructed the
jury to return a verdict of six cents
damages and costs in favor of the
plaintiff
This WAS one OF the most peculiar
cases ever heard in the courts of this
State. Dr. Wales sued the railway
company to recover damages for main-
tanning a nuisance. The contention was
that the tracks of the company's East
Eighth street line. between French and
King stretes. was in such bad con-
ditiDn that the cars made an excessive
noise, I'm humping over the rails.
These thumps and noises he claimed
were such that it did damage to his
property situated ON the southeast
corner OF Eighth and King streets, and
interferred with the peaceful enjoy
ments OF his home.
Leonard e. Wales represented Dr.
Wales and Walter ii. Hayes, Andrew
! G. Gray and George w. Davis appeared
for the railway company.
A jury was then drawn in the case
OF II. r.. Wood and Company against
the Wilmington City Railway Com
pany one OF the plaintiffs horses was
/ injured by being shocked by electricity
from the street car tracks on Eighth
street between King and French streets
and as a result OF the Injuries had to
be killed. The amount claimed Is $500.
l. Irving Handy represents the plaintiff
and Walter II. Hayes. Andrew @. Gray
and George w. Davis the Company.
When the plaintiff rested its case
counsel for tn defense made a motion
FOR a non-suit on the ground that
negligence had not ben shown ON the
part of the company The matter viii
be argued this afternoon.
The case of Dr. John p. Wales
lagainst the Wilmington city Railway
Company occupied all the afternoon
session Of Superior Court yesterday.
Counsel for the plaintiff called Les.
lie V. Christy. secretary Of the STREE
and Sewer Department. TO the stan,
In order to produce the records Of th'
department and show that the railway
company had been granted a franchise
and the conditions under which Il hal
r been given. ell also wanted TO pro
/ duce the letter from the company ac
! cepting these conditions. but the op
Z posing counsel objected TO these doc
| uments being admitted in evidence ant
the court sustained the objection. Au
3 gust Ferschle. who lives at Eighth ant
= King streets opposite DR. Wales, tes
e titled that the trouble was caused b.
bad joints in the car tracks. He salt
the ends of the rails were separates
/ and one lower than the other and thi
caused the jolt of the cars passing owe
r them. He said there We're about 81,
r of these bad joints and the rails wer
, crooked.
Gideon Guyer. Of No. 100 Eas
, Eighth street. said It was impossibl
to sleep in his house until the last ca
. had passed because Of the noise the
I made in bouncing over the bad place
lin the tracks. He said the cars fre
I quentiy travelled at the rate Of m
teen miles an hour and sometimes a
, twenty miles an hour. He testihe
that he had complained to the com
pany but they had paid no attention t
G. his complaint. Seth II. Feaster. VIII
lives next door to Mr.. Guyer, practi
cally corroborated the testimony q
the former witness. He said he ha
. complained to Preston Lea, now Gov
b ernor Of the State, thinking he was th
a president of the railway company. II
G said that Mr.. Lea had said: 1--WE an
d repairing the tracks in all parts Of th
= city and East Eighth street win
It repaired" Feaster understood by n
& expression Eve" that Mr.. Lea wa
a connected with the railway compan
l. Henry Hopes. the real estate agen
d was called to testify TO the rent
1t value Of the house Of Dr. Wales, an
d thereby show how much IT had depr'
- ciated and how the comfort Of u
t. residents had been impaired. Alto
is neys Tor the defendant objected to tn
o and they were still arguing the cal
r. when court adjourned at 5 o'clock ul
fU 10 ofrIoelx fhfe rnOrnfno