Evening journal., 1911-06-20
DECISIONS
REVERSED
State Supreme Court Sets
Aside Damage Verdict for
Auto Injuries
OTHER LOVER COURT
VERDICTS SET ASIDE

Special TO THE EVENING JOURNAL
DOVER. Del. June 2O-The SUI
preme Court sitting in semi-annual
session here today. caused a shake
up in legal circles by reversing
number Of important decisions given
In Superior Court of New Castle
county. All judges were present and
the judges who had laid down the law
in the court below sat by and list
ened while their brother judges re-
versed them
The first case reversed was that %
Nancy n. Lindsay and Joseph Horace
Lindsay, plaintiffs in error, againet
Angelo Cecchi by Rafael Cecchi, his
next best friend. who got a verdict
against Mrs. Lindsay for damages in
the court below.
Mrs Lindsay was running an auto
mobile aad young Cecchi was playing
tag In the street She tried 10 avert
the accident and the child tried to
get out Of the way but without avail.
The Supreme Court contended that
the court below erred I'm showing
negligence per Sc IN Mrs. Lindsay not
| having a license. The court held
there was no causal connection In her
not having a license and the accident
This opinion was read by Judge Con.
rad
The appeal OF Charles p Dougherty
executor of Thomas McI1ugh against
Henry NJ. White, who had gotten Z
verdict of $500, was sustained, the de
cision of the lower court being re
versed, on the ground that IL did no
allow a credit for a number of notes
Judge Boyce read the opinion.
The decision of the lower court
which granted a non-suit In the cas-
OF Frances Theresa Gatta against thl
p, b. and w Railroad. was reversed
and the case sent back for retrial. Tn
non-suit was granted by the lowe
court on the contention that Gatt
had failed to heed a warning befor
stepping between two cars at tn
Pullman car shops. which were pust
ed together by a shifter OF the raj
7 road company. The Supreme COui
! contended that the man might nl
have heard the warning, as he ha
/, Just stepped out of the works OF Oh
Pullman company.
Judge Woolley read this opinion
Two cases were upheld One was IN
celebrated Seaford case that town sil
ting as a Board OF Trustees of tn
BOachem Burial Grounds. having ejeci
ed Jesse A. Wright, who had opene
an ice cream stand on the grounds /
question. Wright appealed on Oh
ground that the town of Seaford ha
I no right to serve as trustees Of IN
cemetery and eject him. The decisio
Of the lower court was upheld Chan
cellor Curtis read the decision.
The Supreme Court affirmed the dc
cision of the Chancellor in the case {
Elizabeth Vaughan Jacobs. plaintiff /
the case against the Wilmington Tru:
| Company. growing out OF the dispos
ton of trust property The case wa
appealed from the Court of CHANGER
on the disposition Of this fund.
Judge Boyce read the opinion.
Among the arguments that will
heard during the day are those {
Hamilton Stewart, trading as Stewal
and Donohue, VS.. the Monad Engineel
ing Company. Ward, Gray and Near
[ represent Mr. Stewart while the er
To- gineering firm Is represented by wi
liam S. Hilles. Reuben Sattertl
waite represents Samuel Essler ALA
Charles Hefiier. who Is appealiu
{ against a prison sentence by Generi
- Sessions Court Attorney-GenerI
). Gray is opposing the appeal.