Los Angeles daily herald., 1888-03-06
IDA SEARLE'S DEATH.
Suit For One Hundred
Thousand Dollars.
LACK OF PROPER ATTENTION
Charged by Mr.. and Mrs. McLaud :
Removed to the Pest House
in the Rain.

McLaud and her husband, ]. F. Nc
Laud, commenced suit in the Superior
Court against Mayor Workman, the
City Council and Drs. M. Hagan, G.
L. Cole and l.. McEvoy, to recover
100000 damages caused by the death
of Ida Searle, the daughter of Mrs.
McLaud by former husband. The
complaint sets forth that the defend
ant, M. Hagan, was the duly appoint
ed, qualified and acting Health Officer
of said public corporation, and that
defendant, Cole, was the duly ap-
pointed, qualified and acting Assist
ant Health Officer thereof, and that
the defendants, Hagan and Cole,
were at all of said times physicians
by profession aud occupation; and
that the defendant, McEvoy, was at
all of said times the duly appointed,
qualified and acting Sanitary Inspector
OF said public corporation and Super
intendent of the smallpox hospital or
pesthouse hereinafter mentioned.
That the said defendants in their
said several and respective official
positions and in pursuance of law had
at all said times hereinafter mention
ed, the control, management and care
of the said smallpox hospital or pest
house of said public corporation, which
said hospital was then and there
maintained by said corporation, and
the said defendants for the reception,
and care, medical treatment and cure
of persons suffering with malady of
variola or smallpox, who might be
found afflicted with said disease within
the corporate limits Of said public cor
poration; and that the said defend
ants, Hagan and Cole, had, at all of
said times, in the exercise of their re-
spective official duties, and in con-
junction with the said McEvoy and all
the other said defendants, the care,
custody, control and management of
said hospital, and the medical attend
ance and treatment of all patients
who might be received at said hospit-
al, and particularly of the said Ida
Searle, hereinafter mentioned.
That plaintiffs were, prior to the
wrongs and injuries herein complain
ed of, and ever since have been and
are, husband and wife, and residing
at house No. AZ San Pedro street,
within the limits of said public cor
poration.
That the said Ida was, at the said
date OF the perpetration of the wrongs
and injuries herein complained Of, OF
the age Of l5 years and months, and
was living with land as member of
the family Of these plaintiffs at said
house, and was daughter of the
plaintiff Matte by former husband.
That the said Ida was on the 25th
of December, A. d. 1887, attacked
with the disease OF variola, or small
pox; that said Ida was suffering from
said illness and making progress
toward recovery until about the hour
of 7:30 P. NJ. OF January 4th, A. d.
1883, at said house.
That the said Ida had at said time
competent medical attendance, proper
and careful nursing, and her invalid
room which she occupied at that time
at plaintiffs said house was supplied
with, and had all the necessary COM
forts, conveniences and appliances
and requirements for her in her said
illness.
That on the said night OF the 4th of
January, A. D. 1888, at said hour,
great and continuous rainfall was pre-
val ing throughout said. city and
county Of Los Angeles. The atmos-
phere was damp and chilling and ut
terly unfit and dangerous and fatal for
such an invalid as the said Ida was
then and there to be exposed or taken
out into.
That at said time when the plaintiff,
J. F. McLaud, was absent the said
defendants, Hagan Cole, McEvoy,
with the assistance of two policemen
of said public corporation and other
of defendants servants and employees,
recklessly, rudely, violently and
forcibly and against the will and con-
sent of said Ida and of said plaintiff,
and in a barbarous, brutal, cruel, in
human and grossly negligent manner,
removed said Ida from her said careful
attendance and FROM ssher said pleas
ant, comfortable, fit and satisfactory
invalid room and out into the said
heavy rainfall and the said damp,
cold night, and having placed her
upon mattress and in an open, leak
ing and unprotected ambulance
wagon, and so then and there trans
ported her therein to and incarcerated
her in the smallpox hospital or city
pest-house OF said public corporation,
the said drive lasting about twenty
minutes, during which time the said
Ida was exposed to the full fury of the
inclement night, save partial and
insufficient protection afforded by
blankets wrapped about her diseased
and enfeebled body.
That said ambulance was then and
there utterly and grossly and negli-
gently unit for such transportation
and among many other matters in
that, that it was open in front and
leaking, and that there was no pro-
lection therein for said invalid to
properly shield her against the dan
gerous and baneful effects of said ex-
posure to said damp and chilling
night air.
That said pesthouse was then and
there, and solely by reason of the
negligence of each and all of the de.
PENDANTS, grossly unfit for the occu-
pancy of such an invalid as the said
Ida, or of any human being whatever.
That the said defendants, Cole and
McEvoy, with said assistants, then
and there carelessly and negIigently
placed the said Ida in cold, damp,
cheerless, and grossly and negligently
unfit room of said pesthouse, about
ten feet square; that said room was
only partially lined with ancient, dill
apidated, disease-infected cloth and
paper lining, which was torn away
from the walls and removed in many
places, and many great cracks then
and there existed in the walls Of said
room, through which cold, damp and
chilling winds then and there, and
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