The evening times., 1899-04-27
A NOVEL DAMAGE CLAIM.
Compensation Allowed for Property
Injured by Disinfection.


An interesting question has arisen In
connection with the disinfection Of premis
es by the agents Of the Health Department
for the purposes OF destroying smallpox
germs. 1t appears that at the house OF
Mrs. William H. Slye, 142 A Street north
east, Ida Mcpherson, cook was found to
have smallpox and was Immediately re-
moved to the smallpox hospital. The board
ing house of Mrs. Slye was quarantined on
the same day and disinfected on the two
following days. The quarantine was not
raised until midnight, March 3. Mrs. Slye
then wrote to the Commissioners COM
planning that during the disinfecting pro-
cess her carpets and furniture had been
damaged and requested that she be reim-
bursed for the same by the District. A
medical inspector was dispatched to the
boarding house and he reported that sew
eral articles Of clothing had been damaged
to the extent of IS. and that an oak hall
rack, valued at sl2, had been damaged to
the extent OF having the varnish destroyed,
but could probably be put in repair with
an expenditure OF So.
Mrs. Slye claimed that tablecloths, nap
kins. towels, and lace curtains had to be
destroyed because they were rendered USE
less by soaking them in the corrosive sub
Innate solution used In the disinfecting
process. The carpet which was damaged
was valued at $21. The inspector found
that about one-half OF the carpet in one
OF the rooms was soiled, but he thought
it was due to constant use and lack Of care
during the period Of quarantine He also
found several stains on the carpet, and
concluded that they were caused by the
boarders spillirg the solution while TAX
ing corrosive sublimate baths at the d.
rection Of one Of the physicians Of the
Health Department. He thought the dam
age was not chargeable to the Health De-
partment, as 1t was caused by subtenants
while using the room.
Regarding the table linen which was de-
stroyed, the Health Department maintains
that one of the servants at the house left
the articles in the solution longer than he
time prescribed by the physicians.
The actual damage done is placed by the
Health Department at $13, while Mrs.
Slye claims that the District should pay
her $50, which she asserts would only rep
recent a partial loss.
An inspector of the Health Department,
speaking about the claim, said: "At the
request Of the Health Oficer ! called on
Mrs. Slye March % and endeavored to find
out what amount Of money she would ac-
cept in settlement Of her claim. She
would not name figure but held that as
the Health Department had established
quarantine II was responsible and should
reimburse her for all losses resulting
therefrom, including a gas bill Of $25,
caused by her boarders using gas for
cooking and for which they refused to pay,
all Of which claims are evidently unfound-
ed, as the establishment of the quarantine
was not an arbitrary act of the Health
Department but was done in accordance
with an act of Congress-"
Another doctor attached to the Smallpox
Hospital stated that the damage done while
disinfecting would not exceed IS, which
amount the Health Department stated it
would be willing to pay.
The matter was referred to Attorney
Thomas who ruled that the principle that
municipal corporations are not liable for
property destroyed to prevent the spread
of fire applied to the case in question
''The disinfection of houses from which
persons suffering from infectious diseases
have been removed, does not render mu-
nicipal corporations liable in damages at
common law unless the same is done care
Iessly,' stated Attorney Thomas, "and
In such manner as to result In unneces-
sary damage"
An effort was made to compromise the
matter, but Mrs. Slye maintained that she
should be paid $50 while the Health De-
partment was only disposed to allow S.
The Commissioners finally agreed to pay
$50. as recommended by Commissioner
Wight as follows:
After further consideration with additional
information as to the circumstances in this case,
it would seem that a strict construction Of the
law would possibly only allow the payment Of
the amount suggested Yet the case seems an
unusually hard one, and Mrs. Slye has been quite
q sufferer through no fault Of hens. In some in
stances quite an expense has been properly in
volved in the furnishing Of fuel, food, and n,ch
things to those who have been quarantined.
would be glad to see Mrs. Slye reimbursed - faf
a Is proper from the smallpox fund, and rec
ommend that y Q compromise the health ofBcer
be Authorised to pay An Slye 20