The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-07

ana Wnen near the CarrlSOn mousse, on
east side of Arizona avenue. the first
explosion occurred and he was struck
by missiles in the eyes, breast. left side,
left leg and foot. He was knocked down
and when he got up he could not see.
and his legs appeared to be paralyzed
He forced his right eye open with his
fingers, but he could not see. and sew
eral men came along and assisted him
up town to his room. The next day he
was removed to DR.. Blackburn's hospi-
tai, where he remained about a month.
suffering great pain in his head. On
the advice of his physician he went TO
San Francisco. and had his left eye re-
moved. He remained in the San Fran
cisco hospital about three months. The
sight of the right eye was very much
impaired.
DR.. T. A. Grigg and DR.. Blackburn
testified as to the injury to Milano's
eyes and the necessity for the removal
OF the left eye to save the sight Of the
right eye.
Milo Jesse testified about assisting
Milano away from the scene after the
first explosion.
w. r. Kenyon, one of the defendants,
and general manager of the defendant
company, was called as a witness by
the plaintiff for the purpose of identi-
tying the corporation record book con-
taining the minutes OF the first and
second meetings of the trustees. AT the
first meeting Mr.. Kenyon was appoint
ed general manager. AT the meeting IN
June, 1898. dividend of Is per cent
was declared. The company had in its
employ Is men and Charles circuit was
In control of the warehouses and mag
aZine.
At the conclusion of Mr.. Kenyon's
testimony the plaintiffs announced their
case closed. Motions for non-sutts were
then filed In behalf of w. r. Kenyon
and NJ. j. ConneH, which will be argued
this morning, and the question Of the
personal liability of the trustees de-
termined The two motions are similar.
The one IN the case of Mr.. Conneh
gives the following reasons for asking
that the suit be dismissed aus to him
self: First, that the evidence fails TO
show that the said defendant Is liable
or responsible to the plaintiff In an ac
ton for damages in any sum or amount
whatever Second, for the reason that
the evidence fails to show that the
said defendant. NJ. ]. Council, knew or
had any knowledge that powder or any
character OF explosive had been or was,
on the 18th day OF january. 1895. or at
any other time. In excess OF 90 pounds,
stored or kept in the warehouse Of the
defendant Kenyon Connell Commercial
company. Third, for the reason that
the evidence fails TO show that the de-
PENDANT, NJ. j. ConneH. had or exercised
any Supervision over such warehouse. or
the contents thereof. Fourth, for the
reason that the evidence shows that
one Charles circuit had charge and SUI
pervision of such warehouse and the
contents thereof on and prior TO the
18th day of January, 1895. Fifth, for the
reason that the evidence shows that the
said Charles circuit as such warehouse
man having charge of said warehouse.
was the servant, agent and ernploye of
the defendant Kenyon-Co Com
mercial company. Sixth, for the rea-
son that the evidence fails TO show
that the said Charles circuit was the
agent. servant or employe of the de-
PENDANT, M. ]. Council Seventh, for
the reason that the evidence fails TO
show that the said NJ. ]. Council, as
president of the said defendant corpora
tion, had any authority over the said
warehouse or over the said Charles Or
cutt. Eighth, for the reason that the
evidence fails to show that the said M
]. Cornell, as member of the board of
trustees of said defendant corporation,
had any authority over the said ware
house or over the said Charles circuit.
The motion viii decide the important
question involved in all the damage
suits. If the court should hold that the
trustees are not individually liable the
suits will practically be ended as judg-
ments against the company alone will
be worthless.