Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-06-24
Is THE CLUB LIABLE?
A Decided Negative Reply for South
Forkers by the Attorney.
THE LEGAL SHAPE THE CLUB IS In.
Some Very Emphatic Supreme Court De-
cisions on Providence.
SOLICITOR REED ON THE TALK OF SUITS

SOLICITOR REED ON THE TALK OF SUITS
Mr.. James n. Reed, Solicitor and legal
advisor of the South Fork Fishing Club,
made, last night, definite statement as to
the attitude of the club in the matter ot
damage suits against it bv Johnstown mer-
chants or survivors of the great food. THE
DISPATCH representative was equipped
with legal status of the case and had dis
covered certain decisions of the Pennsyl-
vania Supreme Court bearing upon several
cases analogous to the South Fork disaster,
but, of course, not SO grave in their results.
The matter as prepared, was shown to Mr..
Reed at his home last evening and evoked
the following statement: You seem to have
hit upon the very precedents we shall cite
in case any suits are to be brought-of
which, however, we have as yet received no
legal notifcation-and it is as well, per-
haps, to state the position the club will as
sumo. Several city attorneys have been
consulted recently by parties desirous of
bringing suits, with what result I cannot
say.
HAVE EXPECTED IT.
ut is no surprise to us to hear that suits
are to be brought, as we have been confident
that test case would be made by some one
of the many who were financially injured
by the disaster. The members of the club,
while deeply deploring the widespread ruin
caused by the food, have felt no uneasiness
as to any financial responsibility resulting
to either the club as corporation or the
stockholders as individuals. Generally
speaking the club is not liable, nor can the
stockholders be legally muleted in any
possible way. If suits are brought we
shall, of course, put in defense and use all
diligence in the preparation of our answers.
But even the hasty summary Of the laws
that bear upon the case that The DIS
PATCH has prepared should be enough to
show conclusively that under the circum-
stances the verdict would naturally favor
the club.
STATUS, FROM A LEGAL VIEW.
"Will you kindly review briefly the
legal aspect of the charter?" was asked.
Certainly. The South Fork Club was
chartered under the law of 1874, subse-
quent to the adoption of the new constitu-
tion. The capital of the club was $4,000
at first, subsequently increased by amend
ment to $50, 900. The act of 1874 was in
tended to generalize the power conferred
upon corporations by specific acts given
Heretofore by the Legislature. The South
EnrE 1uh fha al nf
tions not for profit, and the subdivision of
"Club for the Preservation Of Game or
Fish"-the purpose being the propagation
of game fish. The act of 1874 confers the
right to hold real estate up to an amount
less than an annual income upon $4,000,
and the liability of each stockholder in that
act was placed at the amount of his stock.
The stockholders in the club have paid in
the full amount called for by their subscrip-
tions, and as stockholders owe the company
nothing, and consequently owe nothing
which could be attached for debt. The
State Supreme Court held, several years
since, that clause in the law made
The stockholders liable for double the
amount Of their subscription. But an
amendment of the act made by the Legisla-
lure in 1887 expunged the double liability
clause, and so the act stands. The logical
inference, therefore, is most certainly that
suits for damages would be futile, if brought.
We shall be prepared with our defense if
any suits are brought.
PRECEDENTs DISCOVERED.
The following cases, which would undoubt-
,dly be cited as precedents in case of dam
,ge suits against the South Fork Club,
we're taken from the State Supreme Court
and are of singular unanimity, be-
,ides covering wide range of time. The
most important case is that of myers |
versus Fritz" appealed from Lancaster
County Common Pleas, and adjudicated by
he higher tribunal in 1887. A dam |
lad been built by the defend
mt and an extraordinary storm
,arried it upon the plaintiffs farm,
he fragments of the dam and the water |
loing great damage. The gist Of the de- |
ision was as follows: "But il the injury |
proceeded from an extraordinary storm or !
ain, or an act Of Providence. such as could |
lot have been foreseen, anticipated or ex-
,ected, the plaintiff would not be entitled to |
ecover Damnum abseque injuria,"
Meaning loosely translated, an injury with |
ut compensation.
ANOTHER DAM CASE.
In the case of Mccoy versus Danley, ad- |
udicated in 1852 by the Supreme Court the |
anguage used was: "One who erects dam
5 liable for injury done by usual, ordinary
r expected freshets. A flood is another |
hing. 1t may not come for years together
nd when it does come it is a visitation of |
Providence and the destruction it brings I
nust be borne by those upon whom it falls"
A case nearer home is also of interest, in
Jew of the claim that the Pennsylvania
lailroad bridge backed the water and de-
ris up to points in Johnstown not in the
ath of the flood. 1t is the case of Bell VS..
fcClintock, appealed from Venango county
nd adjudicated in 1889. A dam had been
uilt across Oil creek, q stream navigable
v law, and the damage done was caused by
ackwater.
HOW IT WAS DECIDED.
The decision held as follows:
The storm was phenomenal, and 1t was not
n accident that ordinary prudence or foresight
ould guard against. The finding is for the
efendant." There are large number of
miar decisions both in this and other States
nd the views of the Pennsylvania State Su-
RENE Court have been held again and again.
A passenger on the ill-fated day express
,lates the following as an illustration of
le unwonted character of the flood: At
onemaughs Q second engine is always at
lched to the eastbound train. While the
ain lay waiting for orders at Conemaugh
lie engineer of the extra engine leaned out
f his cab window and called to the engi-
eer of the train just before the break in
lie dam occurred: II never saw the Cone
augh so high in all the 30 years have
cen running between this place and
.ltoona."