Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-14
FOR
DAMAGES
Collapse of the York BLOCK
Responsible.
AN AGGREGATE OF $11,5OO
Involved in the ActiOns--A Woman
Searching For Her Lest
Children.
AN AGGREGATE OF $17,50O

The collapse of the York block in West
Park street last fall bore its first fruit IN
the way of damage suits today, three be-
ing commenced IN the district court. Inc
plaintiffs in the action are james A. MY
ers, John Zelner and NJ. II. Shadinger;
the defendant. Joseph f. ~Oppenheimer,
owner of the property. The amount for
which Judgment is asked aggregates
81, 500, divided as follows: Myers $4,000,
Zelner 50 900 and Shadinger $4,000. with
the exception of the amounts and nature
of the injuries alleged to have been sus-
tanned, the complaints are Worded almost
alike They allege that on the 18th of
September 1883 Joseph E. O~ppenhelmer
owned the three stocy brick block, at 20
West Park street, and was engaged in re-
constructing it in order to make room for
the conduction Of a retail mercantile bust
ness; that in order to make the change 1t
was necessary to remove the partition IN
the middle of the first story extending
lengthwise of the building; that in re-
moving the partition five posts four
inches square were put under the jolsts OF
the second story with one end against a
piece of timber extending along the under
side of the joists and the other end stand
ing on a piece of timber lying on the floor
of the first story: that many of the joists
on which the second floor rested We're
spliced and not of sufficient strength to
! support the weight through the center of
the building.
That d. K. Whitney was employed by
the defendant to act as foreman and
superintendent of the work: that the de-
PENDANT knew, or should have known,
that the joists fer the second floor would
not supper the great weight resting upon
them without being properly supported,
and knew. or should have known, that in
taking and tearing away portions OF the
building the remaining portions left
standing should have been properly sup
ported to avoid any injury to the en-
plOyes working around the structure;
that on the date mentioned, while plain
tiffs were working in the building as or
dered by the foreman and superintendent
the props were knocked out from under
the second floor, causing the building to
collapse and carry the plaintiffs down
with it..
Myers alleges tina he was precipitated
to the basement,a distance of two stories;
tina the flesh was torn open to the bone
and the membrane Scraped off he bone
from the left knee about eight inches
down the leg; that the right side of his
head was cut open, ms Dack hurt, ms
right hip and right side badly injured
and bruised, his right leg bruised and
mashed, his nervous system shocked and
ne was rendered unconscious; that as a
result Of his injuries he was confined tC
his house for many weeks.
Zelner alleges that his face was TORI
open to the bone, leaving him disfigure(
and his speech affected; that he is there
fore permanently injured; that the thir(
finger of his right hand was injured 81
that the joints are partly stiff and tn
finger numb; that his right shoulder wa
wrenched, bruised and injured and is still
affected; his right hip. leg and knee wer
injured and wrenchtd and his right arm
mashed and permanently injured, par
TALLY paralyzed and left very weak. MI
Mr.. Zelner also says his nervous syster
was shocked and he still suffers from tn
effects of it.
Shadinger says his injuries consisted G
a cash oyer the left eye, two %spraine
hands, two kline legs from the knee
to the ankles, an injured back and an i'm
paired nervous system.
The Injunction proceedings of the Nor