The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-03
HAS SUED FOR DAMAGES
Kenyon : Cornell Commercial
Company Defendant.
J. R. LEWIS WANTS $4,000
His Son Was Killed in the Big Powder
Explosion-The Suit Is the Result
of the Recent Supreme
Court Decision.

The recent decision Of the supreme
court holding the trustees of the Ken
yon- Cornell Commercial company liza
BILE for damages to persons growing out
of the powder explosion in their ware
house on Jan. Is, 1895, resulted in an
other suit for damages being brought
in the district court yesterday. The
plaintiff is John r. Lewis and the de-
PENDANTS NJ. J. Council. W. r. Kenyon,
B. w. Tibbey, A. II. Wethey, c. H.
Palmer and J. E. Gaylord. The suit is
for $4,000 for the death Of the plaintiffs
son, Thomas ]. Lewis. The complaint in
the case recites the facts that the Ken
yon- Council company has been a corpo-
ration since Dec. q, 1891. and that Con-
nell and Kenyon have at all times been
trustees of the company and that
Palmer and Gaylord have been trus-
tees since Feb. 10, 1892 and Tibbey and
Wethey since Feb, 20, 1898 and since the
latter date the defendants have consti-
tuted the board of trustees. Since Dec
q, 1891 Council has also been president
of the company. During the period men
toned, up to Jan. Is, 1895. the company
handled in excess of LIS. 900 pounds of
a powerful and dangerous explosive
known as Hercules powder, fact which
was well known to the defendants
During the period named the corpora
ton, under the management Of the de-
PENDANTS, stored and deposited a guam
tity in excess of so pounds, and about
two tons of such powder. together with
large quantity of other merchandise
belonging to the company. in certain
warehouse situated within the corpo-
rate limits of the city Of Butte on Iron
street, and in close proximity to the
dwellings, of a large number of people
The powder so stored rendered it dan
gerous to reside or be within that To-
cality and constituted public nuisance.
The defendants during all Of that time
wholly failed to exercise d reasonable
supervision or any supervision over the
management of the business of the cor
poration, or to adopt any means to
cause the observance Of proper care in
the handling and storing of such powder
or to cause such powder to be stored
and kept in a safe place and in accord
ance with the requirements of the law
The plaintiff is the father of Thomas
j. Lewis, who was on the 18th of Janu-
airy, 1895, of the age of Il years and 10
months. On the day named fire was
discovered in the warehouse of the
kenyon-Connell company and young
Lewis, hearing the alarm and being a
volunteer fireman, proceeded to the vi
cinity of the warehouse for the purpose
of assisting in extinguishing the fire.
and while SO assisting a portion of the
powder so unlaWfully stored in the
warehouse exploded and the young man
was killed, and the father thereby suf-
fered damages in the sum of $4,000. At
the time the cause accrued the defend
anti Council, was absent from the state
and did not return prior to June Is.
1895. Subsequent 10 JAM Is, 1895. Con-
nell. Kenyon, Gaylord, Tibbey and
Palmer have departed from the state
and have been absent for a period of
more than two years.