The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-05-09
lSTED HISOWNlIFE
nlsyS the Supreme Court Of
John Pugh, Miner.
p,ssoN ~ the FRAsxl,m CASE


neeisn for o non-suft win have "a
- Gnntsd IN the damage case Of Nrs.
nhskh Pugh and her children against
~ Oregon Improvement Company. the
nre court having 30 decided the a -
pa nen1 and later having denied q petit
I ~ . rehearing. At tho trial before
100 Osborn the jury awarded Mrx Puxh
( q f1rDent for n. 600 damages Tor the loes
49, husband In the Franklin mine dts-
-. August "A. 1884, In which thirty
- 0ip=rs persisted.
- charged In the action that thu
noany had negiigenfiy allowed . firs
wGpnk out IN the mine. and afterwards
- - he venfiiator. whereby Pugh was
Goesssd- The appeal was taken on the
II that thsre was no evidence OF neg
- on the pzrf Of the company. and
N6hw, n there we're. tho deceased va
1nnu6 guilty OF contr1butory negligence.
- eourt holds, rs preliminary to the
s - aDeattoc involved. that both thea
1Ionoeo ere permissible. and that there
- - element OF bad faith, a. had bean
o111pd IN Seattle National hank va Car
~ UAere the question Of Inconsistent
1880 Vas examined.
hflw stating tho nothing was advanced
= - fyizi to show the company TO have
- guilty Of negligence. the supreme
~ 8E8EftACo &&&L tktAxkE- n8U l0G 1lx~
- e ths disaster II given ~ follows:
History Of the Disaster.
enefussn II % q. NJ. and IL = on August
d - IRE vas discovered In the chute
enrnf ha1f way between the gangway ana
g eross-cut II appears that the chute
- 6fy and free from slack or debrts.
- = claimed that IT was impossibls
~ u IRE 70 have originated by sponfa-
mow combustion. II il not known how
4 ~ originate. One Of the boys engaged
= h1ving mules and hauling coal along
- ungway FIRST discovered II, and i'm
stately notified John Schneider. who in
sBuctsd this boy and three or four 9th
- working there to notify the miners 10
eGns out Of the mine-that II was on Gre.
rrugh was then working In breast a
~ enA Israel Stevens, on the north
aEth Isvei, Loo feet from where the firs
oooBsred. The distance from chute g to
tgna .. where the rock tunnel door fs
1oeotod b so feet and from there 10 the
~ of the main slope II ]. 700 feet. Pugh
- otsvens were notified Of the IRE ana
@1srsd 10 come out between u.Z and
nm II would have taken them between
~ and SIX minutes 10 travel from breast
J = point south Of the rock tunnel
~. which was a place OF perfect safety.
- about seven or eight minutes to travel
fssm the rock tunnel door to the foot of
~ nain slope. where there would have
IN no possible danger: but Pugh, instead
= eoing out and saving his life. a. his
pastper. Stevens. did. remained with a
shsup 0zmber OF other men There n \
epod al Of testimony 10 show that they
eopped near the fire watching IL. and
uere is TO question that nearly all of
thoss lost stopped at that point after
etArtinr TO leave the mine. and remained
H0F ron a..r. }. IL q
~ To alarm given and endeavoring To
Ut out Of the mine or to a place OF ab-
0ete eAftey- 1t Is one of the disputed
sActs, however. as to whether Puxh stop
pso there or elsewhere, but we do not re-
gard u - very material. for the und,sput-
- tActs chow that he had ample time 10
have gotten out.
After Schneider was Informed OF the
Ne he went as far north as breast Is. and
e1asted the boys in notifying the miners
q u. ana to leave the mine He then re-
tarned to the fire and went out ri m.
loot o. the main slope. a distance OF 1. 100
ssst. thrn returned to the FIRE, and after
vsras made his escape in safety"
ihe supreme court refers 10 the OPEN
ing OF the rock tunnel door "a one OF tho
esuscs contributing TO the death Of the
mintn IL does not appear that Puxh. or
shy other OF the men, made any effort to
eouy anybody on top that they intended
say tnsre Instead OF coming out.
About II -. says the remittitur, 'Jamca
49, an outside Waterman at the mine.
ossrsd smoke oozlng out of the fan
noase tie concluded that the person ope-
htins the fan had failed to oil the boxes.
mo mat the smoke was produced by over
seAaed machinery. He slowed the fan
uosn, out did not stop %. and asccrtained
,ns BOXES We're In good order II IL
SAmea that he then left In quest OF
aAmsey. the assistant superintendent. and
IN, 70 the engine house 10 look for him,
W ne saw George W. Smaliey. who te,e-
suoaeu GOWN TO ascertain the location Of
nFe. sfnsiiey and Cave then went TO
az ian house. Smaliey was also Of tho
sn'en mat the boxes were overheated.
ZIG ne again slowed the fan down and
eood order. -
-, me fsn was Immediately started up at
.aa speed About this time smoke began
20 pour out OF the fan house IN a great
.N slime ana II Is commended by defendants
49, young trip-rfder. named Granfilla.
'ss " 70 The fan house and called out:
me whole north sixth is on Gre, Shn.
aaSn The fanr ana that the men. assgm-
nc that they saw the urgent need >, act-
= s Without loss OF time. shut down tho
- lhlnking II the right thing to do
saaer the circumstances
NO Evidence o NEGLIGENCE.
the Defendants are right tn this con-
ssnaoh, there was no evidence OF negii-
1919 against them whatever upon which
s'eeotsTy could be had, the act having
sseh done by fellow servants Of the de-
ssasea- Hut II Is commended by the plain
..,'s aAss The ian was shut down by order
y ramsey. ard there being some testl-
:. -as 70 sustain this contention. although
: SEEMS 10 as the great weight Is 10 tho
sesuary. we are bound 10 leave N.
s.sstoa 70 The province OF the Jury for
examination. and 20 assume that they did
ss-ssaains L IN favcF OF the plaintiffs; and
soa rests their case as TO the negligence
- sae defendants. for the onening OF the
So 81 tunnel door was by fellow servant.
:. ssunE down the fan would have resulted
= ao injury 20 the men Ia the mine had
sssy not opened this deor. as the smoke.
a,aes'hs Gown the far shaft hy reason OF
ne reversal % the air. would Rave passed
$50 $50 through me cross-cut and thence
s.a INTO the north end OF the north sixth
49, 80 passing south along the north sixth
- q ne men remaining az the IRE. and
49,! drive them cpt Of the mine Prior
: ne shutting down % the fan ~ appears
$3.50 tfe men standing around the Ore.
~ ~ who bad bean standing there for prob
- nah aa hour. heEan to call out to
- me rock tunnel door
:. AaAlhs Z; So an established fact that
AZ ~ laa Vas sfepped by Ramsey. and that
- would sasta{a the charge Of regsf-
49,. 49, aSa.nsi the defcHaan,S We think
- nc pfcofs show that the deceased
-, Searsy guilty ~ gross contr.eutory
SDsehce. The men inside could no,
= .,'.s.'aS Know that the fnen outside knew
-. saN iaosnt the FIRE wss located II
- are rad been locaied a. a point scsyta
!. s1e rex tunnel door. the only possible
s ~.ssns OF escape FOR the men who unussc-
..SSS&sa.y ieSserei would have heen up
trough the door ana The rianway In the