Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-07-29
A FISHING CLUB SUIT.
The South Fork Lake People Are
Asked to Pay $4,000 Damages
FOR LITTLE, THE DRUMMER'S, LIFE.
Mr.. Robert Pitcairn Glad of the Suit, but
He Denies Liability.
THE JoHNSTOwN CASE is TO COME NEXT

The first suit for damages against the
members of the South Fork Fishing Club
was brought in this city last Saturday. The
plaintiffs are the widow and eight children
of John A. Little, the drummer, who was
at the Hurlburt House at the time the dam
broke, and who lost his life in the Johns
town disaster. The action seeks damages in
$50, ,OG0 for the loss OF Mr.. Little's life.
In the legal statement for their claim the
plaintiffs set forth that the members of the
club had caused a dam to be erected at their
property, the South Fork Lake, for the
amusement of themselves and their fam
lilies; that this dam had been built in q
careless, negligent manner, and in an un-
skilled and unworkmanlike way; and with
such improper and unfit material as not to
be capable of holding back the large and
heavy body of water accumulated above
and held back by it. They also aver that
the dam was built too high, and the accu-
mutation of water too large even for the
purpose, and that on account of the fact
that this dam broke and the large body of
water flooded the town of Johnstown, John
A. Little was killed. while about his lawful
business in that city on May 81.
MIR. REED WAS ABSENT.
An effort was made yesterday to find
James H. Reed, ESQ.,, attorney for the
South Fork Fishing Club, but he had gone
to Bedford Springs. When that gentleman
was interviewed ON the subject of the liza
bility of the club some time ago, however.
he stated that he had most carefully exam
ined into this question, but could not see
how a suit for damages could stand. The
breaking of the dam, he then stated, was
caused by extraordinary circumstances, over
which the club had no control, and which
no one had any idea would ever arise.
A number of members of the club were
looked up, but Mr.. Robert Pitcairn was
the only one found at home. When Mr..
Pitcairn was asked as to what he thought of
the fact of the suit being brought, he said:
81 am member Of the club, but have
never taken any active interest in it. I was
never at the lake, and I did not own a cot
tage there. On that account I really am
not man we'll enough posted upon matters
of the club to talk about such affairs"
''Do you think that the club can be held
iable?"
COMPLAINTS ARE TOO LATE.
"No; do not. There was no negligence
planned against the club for erecting that
dam, before it broke. Common sense would
have prompted the people of Johnstown to
prevent the erection or 1t had they even
thought i. dangerous. am sure the Penn
sylvania Railroad never thought that there
was any probability of the dam breaking,
or 1 think they would have stopped it. We
always had a great deal more fear about
the North fork of the Conemaugh
than the South fork. In my
opinion the accident was something
one can be held responsible. OF course
there is sense of moral responsibility in a
man who belongs to the club, like myself
for instance; but actually, I do believe
there is no legal responsibility.
However, to a certain extent I am very
glad that this suit has been brought for the
reason that I think it will be q test case,
and we will at last hear the law upon the
subject, for the satisfaction of the people,"
y THE DEFENDANTS NAMES.
The suit is brought against the following
named gentlemen, all the members of the
stub:
James W. Brown, d. W. G. Bidwell, E. ]. Al
len, John Caldwell, Jr., Andrew Carnegie. John
ons K w. ShaPpeTs nnnn C1aIei
Cord, H. q. Frick. A. French, John A. Harper,
Henry Holdship. A. v. Holmes, c. B. Shea, NJ.
B. Suydam, james II. Wilcox, William K.
MCDOWELL, Joseph R. MCDOWELL, Calvin
Wells, John F. Wilcox, E. ]. Unger, Benja-
min Thaw, Robert Pitcairn, Henry Phipps,
Jr.. D. G. Phillips. b. Sellers Mckee. H. P.
Patton, w. l. McClintock. Oliver McCintock,
James McGregor, Frank T. McClintock, Max
K. Moorhead, William Mullen. E. A. Myers, s.
S Marvin, A. w. Mellon, Reuben Miller. John
GA. Leishman, j; ]. Lawrence. F. B. Laugh
lin. Louis Irwin. ]. E. Schwartz James NJ.
d. W. Rankin, Samuel Rea,
Durbin Horne and ]. n. Lippincott.
From Johnstown it is reported that John
Thomas & Sons. whose proposed suit against
the club has before been alluded to in these
are about ready to proceed. The
illness of Mr.. Horace Rose, Esq, their at
lorney, has been the principal cause of de-
lay, Mr.. Thomas says. With plenty of
money to push the suit and the advice of
outside lawyers in that behalf,
MIR. Thomas says the firm will, either this
week or next, begin the suit, and, on the
ground that the club was regularly char
Tered and legally bound to use all necessary
precautions for safety in their dam, expect
to win.