New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-30
COURT RECORD.
FRIDAY, JANUARY 90, 1875.

COURT RECORD.
FRIDAY, JANUARY %, 1875.
United States Circuit Court.
In the suit Of the Western Union Tele-
graph Company vs.: the Southern and At
lantic Telegraph Company, the motion of
plaintiff was overruled, with the privilege
Of renewing it on the final hearing Of the
bill.
The court adjourned to-day. Judge
Woods proceeds to Austin, Texas, to hold
. term of court. No special day is an.
nounced for his return, and the reopening
OF the court here, except rs provided by
Superior District Court.
PETITION.
The petition of the Teutonia Insurance
Company, Incorporated under the laws of
the State and dOmiciled in New Orleans,
appearing by it's vice president and acting
PRESIDENT, Charles Engsield. represents
that In accordance with its charter, said
company has been for some time and is
now engaged in the business Of insuring
houses, furniture and other property in
the city Of New Orleans from loss or dam.
age by fire, and has taken and now has
many risks of that kind; for the past four
years petitioner has been in the habit of
using, by its officers. agents and employees,
at Its own expense, certain small machines
known as Babcock's fire extinguisher. each
one OF which can be used by one man, and
ls carried about on the back of one
man, and several of which are carried in a
cart or wagon, for the purpose of extin-
gushing fires originating in or threatening
the destruction or damage of property in
sured by petitioner, said machines being
patented under the laws of the United
md fk,ov o< %k-o~
been very effective in saving great losses to
petitioner, and until q very recent period
they have been used by petitioner without
any opposition or objection from anv one:
that at its own expense, petitioner about
about one year since purchased larger size
OF said machine called Babcock's fire extin-
guisher. very effective instrument for the
quick and early suppression of fires, and has
had the same in use ever since with great
effect for good, and uatil very recent pe-
riod without opposition or objection from
any one; that the great end subserved by
these machines in the interest of petitioner
is that they are very easily handled. are
ready for service without moments prep
aration, and enable in many cases the en-
ployes OF petitioner, who are few in number, |
to thoroughly extinguish fire before the |
ordinary fire apparatus provided by the city |
government can be brought upon the scene |
of confagratiOn aud put to work; peti. |
toner further AYERS that it has not and |
does not pretend to assume to itself |
the right to run these extinguish-
ers and work them at all fires
that may occur in the city of New Orleans,
but AYERS that it has right to take them
to and use them for the protection of such
property in said city which may be overed
by policies of insurance issued bv peti.
TONER. that in such property petitioner has
quasi ownership, and an interest to pro-
tect the same from loss, damage or de-
'truction by fire, and consequently the
aght to lawfully use an, means within it's
power for such purpose, and that no per-
son has the power in law to prevent petit
.ioner from using SAID extinguisher as
aforesaid.
Now petitioner shows that by ordinance
No. l2lO, Administration series, OF the city
'f New Orleans, being ian ordinance con
,erning the fire department" adopted in
S7l, the city of New Orleans entered into
} contract with the Firemen's Charitable
Association, corporation created by law,
in this parish. for the extinguish-
nent OF fires in the First, Second, Third
md Fourth Districts Of this city, which
aid ordinance provides the various rules
md regulations soughJ to be enforced by
he city Of New Orleans concerning fires
md the government and direction Of the
ire department and the Firemen's Chari-
able Association; that for nearly a
ear past, by the express consent
# the proper authority of said Fire
mems Charitable Association, and until q
cry recent date, the officers and members
4 SAID association have co-operated with
IN the use Of said larger Babcock
ire extinguisher, and have successfully
sed one furnished to them by petitioner
nd others: that all the expenses of the use
Gil CT said extinguishers have been
orEe by petitioner, and will continue to be
0 borne, and petitioner has never asked :
nd never intends to ask any person or cor !
Oration to bear any expense attending the r
Sc of said machines.
But on or about January 26, 1875, said !
lremen's Charitable Association, by its
0ard of directors, or delegates, the mem. :
ers of said board being actuated by
lalice toward your petitioner. and with I
le intention OF iniurAg petitioner, and to !
eprive petitioner of its natural right to =
rotect property covered by it's policies of !
lsurance from loss, damage and destruc-
on by fire. and to prevent petitioner from /
aing its said extinguishers as aforesaid, q
id wrongfully and illegally pass and
lopt the following resolution: +
Resoired, That the chief engineer of the n
apartment, Thomas OConnor. be instruct q
to prevent the Babcock engines from n
inning to fires, and if they persist to send y
em and the men working them to prison. y
That subsequently q fire occurred in New 7
rleans on said twenty-sixth Of January, q
30, or thereabOuts. in certain premises v
t9ated on First street, between Willow n
I'd Clara streets, and occupied by Joseph +;
eiss and Mrs. Shatfer, which premises u
ID the properly therein were covered by
licies OF Insurance issued by petitioner; n
at thereup0n certain employees of petit
,ner, named A. Kalnski, John Garvey, | q,
hn Lowery and NJ Cashen. proceeded to ii
Id fire with a certain number of said ex- | II
lguishers, herein designated as the n
lall or hand machines, each operat- =,
by one man, and arriving there a
me time before the appearance of .,
9 fire department proceeded to use said q,
achines for the extinguishment of said a.
Q and were working with marked success a,
d without impeding in any way the q,
'rk Of the fire department or infringing Il
any way on the powers delegated to its in
icers and members, when they were inter-
pied by said chief engineer and at his
Iuost and direction were arrested with
eir machines by certain officers of the
,trOpolitan Police force and sent to the
.kup of the Fourth Municipal Police fo
urt, where charges were preferred against Il;
an of violating said city ordinance No. Va
10 by said Chief Engineer O'ConnOr NJ
lich they we're bound over to answer by II
, Judge OF said municipal police court.
Now, petitioner AYERS that it has sus- NJ
ned great damage by said action of said ~
ief Engineer O'ConnOr, said Metropoli- q,
4 Police force and said Firemen's Chair ~,
Die Association, and in the full sum of y
D0O, for which said chief engineer and a,
ID association are liable in solido to peti- | sa
ner; and petitioner further AYERS that ~
ID parties threaten to and intend to fur g.;
er carry out said resolution, and to pre- y,
ut petitioner from using its said extin- at
ishers, and that such action will cause a,
eparable loss and injury to petitioner, p
that writ of injunction is necessary AZ