The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-05-23
ACTION OF THE FIRE DEPARTMENT
NOT SUSTAINED.
Supreme Court of the State of Louisiana.
CLERKS OFFICE,
New Orleans. NAV 1879

CLERKS OFFICE, I
New Orleans, May 2, 1875. {
The TEUToNIA INSURANCE COMPANY vs. THOMAS
OCoNNoR ct al. No. 5745. Appeal from the
Superior District Court-M Mr.. Justice Taliaferro
The petition sets forth that the Teutonia In
the view Of protecting property insured by it
against destruction by fire, brought into use
"Babcock's Fire Extinguisher," an engine of a
small order, which is very useful in the quick and
easy suppression OF fires in many instances, par
ticularly in their incpiency, owing to their apti-
tude for use at a moments notice, the rapidity
with which they can be transferred to the place
| where fire occurs, and the facility with which
they may be worked one Of the smaller class of
them being easily carried and operated by one
man. That for several years past the company
has, by it's agents, caused the machine to be used
to great advantage in the extinguishment of fires,
in some instances by reaching buildings on fire
before the larger fire engines could be run to the
place required. owing to the bad state of roads
and other impediments sometimes occurring;
that the plaintiffs have for some time caused the
engines to be used at fires, together with the
common fire engines used by the fire companies,
and with their consent and approval, and in ali
such cases unfortunately to and under the d.
rection Of the engineer controlling and directing
the operations at fires. The plaintiff complain
that on or about the 26th OF January, 1875, the
Firemen's Charitable Association. availing it
SELF to the exclusive right vested in it by ord
direct the means to be used in the extingulsh-
ment Of fires and the members Of which associa-
ton, being actuated by malice towards the pc
titioners, and with intent Of injuring them, did
adopt the following resolution, viz:
Resolved "That the Chief Engineer of the De-
partment, Thomas OCounor, be instructed to
prevent the Babcock engines from running to
fires, and If they persist, to send them and the
men working them to prison."
They (plaintifs) aver that about that time, at
fire on First street, several Of the Babcock en-
eines we're pushed on in advance of the regular
Fire Departments engines, and were being sue
cessfully used against the progress Of the fire,
when the men working the Babcock engines were
interrupted by Chief Engineer OF the Firemen 9
Charitable Association, at whose request and by
whose direction the men go engaged in operating
Babcock engines we're arrested by certain officers
of the Metropolitan Police force and sent to the
Lookup Of the Fourth Municipal Police Court,
violsting aid City Ordinance No. 1910 by the said
Chief Engineer OConnor, which they we're bound
over to answer by the judge of that court.
They (plaintiffs) charge that the city is without
authority to confer upon the said Association
such exclusive right under its charter, and that
the same is repugnant to the principles Of COM
mon equity and subyersive OF the same. The
plaintiffs aver they have sustained great damage
BY the action Of the said Chief Engineer O'Con-
nor the Firemen's Charitable Association and
the Metropolitan Police force, and in the full
sum Of one thousand dollars, for which said
parties are liable in solido. That said parties
threaten and intend to further carry out the
aforesaid resolution and to prevent Plaintiffs from
using its said extinguisher that said action will
cause them irreparable injury and that suit Of