Evening journal., 1914-03-25
At 76 SHE SUES
CITY FOR DAMAGES
Mrs. Flora Holman Says
She Was Hurt by Fall
ing Into Trench
DEFENSE ASKS
FOR A NON SUIT

In Superior Court this morning a
jury was drawn to try the case of |
Flora Holman vs. the Mayor and /
Council of Wilmington, an action /
brought to recover damages for in
iuries alleged to have been sustained |
by falling over an obstruction on I
East Twelfth street.
The piaintin was represented by /
David J. Reinhardt, while City Solici- /
tor Daniel o. Hastings defended the
case Owing TO the time that he has
been compelled 20 devote TO this case
the city solicitor has been unable to
devote the time necessary for pre-
pairing an opinion upon the contracts
entered into between the Street and
Sewer Department and the Joseph
Bancroft and Sons Company relative
to the granting of water rights In the
Brandywine creek. which matter was
referred TO him by City Council at
their last meeting.
Mrs. Hoffman, who Is "a years old,
said she lived al No. 505 East Twelfth
street and that on the evening of
Friday, January "a. 1918, she started
to 90 out to a grocery store on the
corner AS she passed the property
at No. 517 East Twelfth street. she
fell over some boards and "a pile OF
earth on the pavement, upon which
there was no light, ropes or barrier
OF any warning.
The next day she summoned Or.
Thomas ID. Cook. who ordered her to
go to the Delaware Hospital, where
an X-Ray photograph showed that
her left shoulder was dislocated.
Since the accident she said she has
been unable TO work. She Is a widow.
| Under crOss-eXaminati9n, Mrs. HON.
man said she did not know that
sewer was being done at the scene
/ of the accident.
! Or. Joseph p. Wales, a physician at
the Delaware Hospital. testified that
he had taken an N-Ray photograph
OF Mrs. Hoffman's shoulder, showing
the dislocation. The photograph was
offered in evidence.
DR.. Thomas A. Cook stated that he
had treated the injured woman, and
that she was so badly hurt that II
was necessary to send her to the hos
/ pital.
Miss Lizzie Fisher, of No. 1903
Lombard street, daughter of the
plaintiff, said that she went 10 her
mothers home about an hour after
the accident and found her suffering
great pain.
Mrs. Laura Roach, of No 5O3 East
Twelfth street, said that on the night
of the accident il was very dark
shortly before 6 o'clock, as a driz-
zling rain was falling, and the street
lights had not been lighted.
She said she had seen the boards
and pile OF earth over the place
J where the sewer was being laid, and
that there were no red lights about
the obstruction.
Several other witnesses corrobor
) ated this testimony.
George Hoffman. son OF thi
plaintiff, testified that he had madl
= an investigation of the obstruct OF
t Immediately after the accident oc
! CURED and found no lights, no ropes
d nor anything about IL, but a pile o
boards lying on the heaps of earth.
+ Harry G. Lawson, clerk in the Of
flee of the Street and Sewer Depart
ment, testified that the department
had granted a permit to Biddl'
Brothers TO eXcavate the street
where the accident occurred, to in
stall a sewer.
AT the request of Mr. Reinhardt the
! rules and ordinances or the city o.
Wilmington were admitted as evi
dence The plaintiff then rested.
Before presenting the defense, Mr.
, Hastings argued for nOn-suit
which motion was opposed by Mr.
, Reinhardt.
Mr.. Hastings contended that thi
city's responsibility ended with th'
issuance of the permit to the Biddl'
Brothers, as. they were not acting al
the authorized agent of the city II
the work they did.
The argument for and against
pon-suit continued until 1.20 o'clock
! at which time the court took a recess
until 230 o'clock. Mr. Reinhard
promised at that time to present au
thority to show that the city wa
liable in the case.