Evening journal., 1912-01-11
WANTSCITY TO
SETTLE CASE
City Solicitor Hastings Made
This Recommendation to
Park Board
SILL DAMAGE SUIT
IS NOW INVOLVED

City Solicitor Hastings appeared be-
fore the Board of Park Commission
ers at their monthly meeting yester-
day afternoon to discuss with tho
members the damage suit of Sill VS..
the Mayor and Council of Wilmington
which is on the list for trial at the
present term of court
The case is that Of young man
named sill who was struck on tho
head with a chain dropped from the
new Baltimore and Ohio Railroad
bridge crossing the Brandywine creek,
during the construction of that work,
resulting in his death.
Mr. Hastings explained to the
board that tho widow had brought
suit against the city and also the
Baltimore g. Ohio Railroad Co, but
the suit against the city appeared
first on the trial list. He said the
company building the bridge at The
time of the accident was insured with
y concern which had agreed TO pay
the widow S4500, but a day or two
before the check was drawn. tho con-
sracting company failed and as a iudg-
ment against Il amounted TO nothing
1he insurance company withdrew from
she position Il had taken, believing it.
self to be relieved from the respon-
sibility and refused TO pay over the
sum agreed upon. Mrs. sill, through
her attorney, David j. Reinhardt then
brought suit against the city and the
railroad company.
Mr.. Hastings expressed the opinion
that the city and the railroad were
equally liable and thought each
should pay half of the sum demanded
5y the widow which he thought was
$4,000. He said he could not see where
the city and any defense, as the road
which Sill was traversing was pub
lie highway and had been in use for
years. A man who had been placed
there 20 watch and guard against
accidents, by the bridge contractors,
on the recommendation of the Park
Board, had not yet arrived, when the
accident occurred, which was about
o'clock I'm the morning.
A discussion arose relative to how
the money was to be paid, out OF
which funds. Il was pointed out that
lhC nohNJ dDli obi AhNNu W Ah' 4 az
Board, was for a specific purpose,
namely the maintenance, care and im-
provement of parks.
Il was suggested that if the board
had to pay perhaps the City Council
would come to its aid.
Col. Weller u. Stover, chairman of
the finance committee Of City Coun-
ell. who was present, informed the
members that the Council had only
few funds, all small, over which it
had Jurisdictions. all other moneys
being appropriated to the various
city departments by Legislative en-
actmeni. He thought the only way
the money could be provided would
be by extraordinary appropriation, to
borrow the money.
u was the opinion Of one OF the
members that tho Baltimore a. Ohio
r. r. was wholly liable. Another
thought that the railroad should be
sued in the event the city is required
10 pay.
The matter was finally referred TO
the ex-ofiicio members Of the board
who are Mayor Howell, Mr.. Stover
President of Council Benson and City
Engineer Taylor.
The matter of having Ruth street
between Second and Third streets va
Gated. was referred to the executive
committee. This street is now used
as park land.
President Bancroft brought TO the
attention of the members, the plot OF
park land bounded by Tenth, Elev-
cnth. DUPONT and Scott streets, which
he thought was "A mistake to have
purchased but an offer had beer
made TO grade it free of cost for the
rock il contained, and he thought il
would be well to have this done
sTho property would bring a better
price n sold as building lots If grad.
ed" he said The matter was re-
ferrcd TO the executive committee with
power 10 act
Chairman Bell. Of the Park Exten
sion Committee reported that the
committee would meet the officers o
the Labor Lyceum Association which
. owned a plot Of ground at Second an'
jackson streets. used for playground
purposes, on next Sunday afternoon
President Bancroft announced tha
John Pierce Cam had been selected
so assist Park Superintendent Macl
IN gathering data, relative 10 small
plots OF ground for Fairgrounds. etc
Chairman Baynard, Of the Ihirl
street bridge committee reported tina
the committee had met the condem
nation commission and discussed IN
situation with the members.