The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-11

os Ella Hay e. a.. w. the
s.~r-nversent Company. tie sealed
tssD- s~s,xfst Il D. the Jury after the
-. az eogrt On Friday evening
szp..-~s N Judge Jacobs department
st 49, court AZ 1919 yesterday
rs vsreEc; awarded the PAIN
s--axes ln ,as su-n OK s10.ooe.
= - was a pretentio9s document.
.ssl,soz 70 the ordinary verdict, the
- called upon 70 make no less than
-.s.gsr special findings. IN the form
A---xsys to interrogaroTses prepared BY
-s,nsal n the case and submitted %
= su-r by consent O. The court The an
shess inserrogztorfes then1sca YES
= ssersenf % eoastitsts q complete his
- 3 - ne facts fn ire case as the jury
p :. - f.c;z u De. These facts. sum
- srou the findings 81 the jury, are
.ss,s. a. 1895. Peter Hay was en-
"a coal miner In the mines CO ~.
-. Trprovsmsnt Company a. Frank
- or that day g fire broke cut Ia
-. as . result OF which Hay and
- soxs their lives. Hay left s widow
- - eakaren. vino are the Plaintiffs In
:. s~fsa-. Al the tine OF the fire r. =.
- as suoerlnfenasnf OF the mine: W.
r.usey Was assistant superintendent;
a.sgs Vi. Sulalley top boss. and PARK
$50 pIs boss Isaac Clements and
- Jahns were gas testers. and John
s.4n<ssxr Was assistant pit boss. At the
- ~ the outbreak OF the fire none OF
!. sapsrsor officers of the company were
- nlne. Corey was away. Ramsey, the
sxsars snperintenGeut. was at lunch,
= PARK Robinson the foreman Of the
- vas not Ii town Isaac Clements the
. ester. was IN charge OF the men I'M
as-ounz. and G. ". smalley was ia
.xxe 3. the outside work. acting as out
- boss.
~ Gre broke out IN breast SC. on the
.~h sxfh level, and Clements and John
sssssaer attempted 10 extinguish Il with
xass- brought In buckets from rear the
- q the slope on the sixth level. being
sssea By TIE men, including the deceased.
- ah0rers II the mine were careful. pru-
kx. men Of good judgment. II was neces-
ssry ts have ventilatInE fan al the mine
tr TIE purpose OF venfilating the sixth
kssI srsailey. who vas In charge OF the
ss.slsa work. ordered this ventiiating fan
= y shut down. The shutting down OF
- ian vas the cause OF the sufyocation
4 Hay. II the fan had been kept running
las could have escaped from the mine in
nssty
Gearre ". smar1sy. Joseps Green and
Essard Mcdonald we're Incompetent men.
AZ iks defendant by ordinary care, could
hzFs 'e2fnet % their incompetency prior 10
tass tine. TIE officers and vice principals
= re company. on top OF the ground. by
iasttercsse OF ordinary care and prudence,
esia have learned where the FIRE was SIT
sxd and that the deceased had not come
81 q the mine before the fan was shut
ear. but they failed 70 exercise ordinary
an and prudence. The deceased had rea-
~ to believe before the fan was shut
ear that there was time to escape
DE IRE was confined 70 breast C. end
~ % TIE whole north sixth level and II
y fsn had been kept running there would
AsFf been ample time for the deceased 70
aAss bft the mine IN safety. The officers
g iap o. the ground made no effort 20
hkrr II the deceased had come out of the
rans before shutting down the fan: and
fss't was nothing whatever TO prevent the
saeers On top OF the ground from learning
Essfs The IRE was. The men with Hay
ssFs working 100 feet under ground and
Easf saan 1000 feet from the end OF the
szls slope
vas alsa necessary for the safe opera
- y he mine and 20 protest the lives OF
sNett va ttie rock tunnel door should
securely guarded ana fastened, and this
Us aot done. The door was propped
esea
sreaN g had been properly and Sc
ssfsgT sealed after being worked out. ana
80 ne eorshastihle material been left IN
ne breast could not have caught on
The company. by exercising SKIN and
iRnsxai, could have placed tho breast IN
.aaaltson that no fire could have caught
80 are IN substance the facts as
800 tae jury. snd on which they base
- verdict or 80 20 In favor OF the wild
= sha afrhans OF the deceased miner.
= ease i hut one OF several which hawe
- moagaf against the company, and IL
ssSahd ore IN which verdict has al
heea entered IN favor OF the plain
!. y y cutie likely the case VIII 20 20
= supreme court.