The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-30
SUPERIOR DISTRICT COURT.
Petition.

The petition of the Teutonia Insuranc,
Company, incorporated under the laws o.
the State and domiciled in New Orleans, ap
pearing by its vice president and acting
president, Charles Engsfeld, represents tina
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 Or
leans from loss or damage by fire, and has
taken and now has many risks of that kind
for the past four years pc itioner 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 extinguish.
en- each one of which can be used by one man,
and is carried about on the back of one
man, and several of which are carried in a
cart or wagon, for the purpose of extingush-
ing fires originating in or threatening the
destruction or damage of property insured by
petitioner, said machines being patented I'M
der the laws of the United States ; and the
use Of these machines has been very effective
in saving great losses to petitioner, and until
a very recent period they have been used by
petitioner without any opposition or obec-
ton from any one that, at their own ex-
pense, petitioner about one year since pur-
chased a larger size of said machine,
called Babcock's fire extinguisher, a
very effective instrument for the quick
and early suppression of fires, and have
had the same in use ever since with great
effect for good, and until very recent period
without opposition OF 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 with
out moments preparation, and enable in
many cases the employees of petitioner, who
are few in number, to thoroughly extnguish
fire before the ordinary fire apparatus pro-
vided by the government can be brought
upon the scene of contagration and put
| to work petitioner further AYERS that it
has not and does not pretend to assume
to itself the right to run these ex-
tinguishers 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 covered
| by policies of insurance issued by petitioner:
that in such property petitioner has a quasi
ownership, and an interest to protect the
same from loss, damage or destruction by
fire. and consequently the right to lawfully
use any means within its power for such pur-
pose, and that no person has any power in
law to prevent petitioner from using said eN-
tinguisher as aforesaid.
Now petitioner shows that by ordinance
No. 1910 Administration series, of the city of
New Orleans. being 'an ordinance concern
ing the Fire Department., adopted in 1871, the
CITY of New Orleans entered into contract
with the Firemen's Charitable Association, a
corporation created by law, domiciled in this
parish, for the extinguishment of fires in the
First, Second, Third and Fourth Districts of
this city, which said ordinance provides the
various rules and regulations sought to be en-
forced by the city Of New Orleans concerning
fires and the Fire Department and the Fire
mems Charitable Association that for nearly
a year past, by the express consent
mems Charitable Association, aud until
very recent date, the officers and members
of said association have co-operated with
petitioner in the use of said larger Babcock
fire eXtpguisher and have successfully used
one furnished to them by petitioner and
others; that al the expense OF the use of all
of sal exticguishers have been borne by
petitioner, and will continue to be so borne,
and petitioner has never asked and never in
tends to ask any person or corporation to bear
any expense attending the use of said
machines.
But on or about January 26, 1875, said Fire
mems Charitable Association, by its board of
directors, Or delegates, the members Of said
board being actuated by malice toward your
petitioner, and with the intention of injuring
petitioner, and to deprive petitioner of its
natural right to protect property covered by
its policies of insurance from loss, damage
and destruction by fire, and to prevent petit
toner from using its said extinguisher as
aforesaid did wrongfully and illegally pass
and adopt the following resolution
Resolred, That the Chief Engineer of the
Department, Thomas OConner, be instructed
to prevent the Babcock engines from running
to fires, and if they persist to send them and
tho mon workinp them T. nriSOn
That subsequently fire occurred in New
Orleans on said 26th Of January, 1875, or
Whereabouts, in certain premises situated on
First street, between Willow and Clara streets,
and oc :upied by Joseph Weiss and Mrs.
Shaffer, which premises and the property
therein were covered by policies of insurance
issued by petitioners; that thereuponeer
employees Of petitioners, named A. Kalinsk,
John Garvey, John Lowery and NJ. Cushen,
proceeded to said fire with a certain number
of said extinguishers, herein designated as
the small or hand machines, each operat-
ed by one man, and arriving there
some time before the appearance of the
fire department proceeded to use said |
machines for the extinguishment of said fire
and were working with marked success and |
without impeding in any way, the work Of
the Fire Department or infringing in any way
on the powers delegated to its officers and |
when they were interrupted by
said chief engineer and at his request and di-
rection We're arrested with their machines by |
certain officers Of the metropolitan police |
force and sent to the lookup OF the Fourth
Municipal Police Court, where charges were |
preferred against them of violating said City |
ordinance No. 1910 by said Chief Engineer
O'Conner, which they were bound over to
answer by the judge of said municipal police
court.
Now, petitioner AYERS that it has sustained
great damage by said action OF said Chief
Engineer OConner, said metropolitan police
orce and said Flremen's Charitable Associa-
ion, and in the full sum of $1,000. for which
said Chief Engineer and and said Association
ire liable il solido to petitioner; and petit
Toner further AYERS that said parties threaten
o and intend to further carry out said reso-
uton, and to prevent petitioner from using
is said extinguishers, and that such action