The San Francisco call., 1899-08-12
VICTIMS OF THE
EXPLOSION WIN
FIRST VICTORY
Jury Awards Rasmus
Larsen Damages.
VERDICT MEANS MANY SUITS
MELRosEANS MAY RECOVER
FOR WRECKED HOMES.
Bitter Fought Legal Battle That Will
Probably Give Rise to New
Line cf Supreme Court
Decisions.

A Jury in an AIameOd COuuty Su
perior Court yesterday brought IN
verdict in a damage suit that will
prove far reaching in its effect. 1t
was a verdict awarding Rasmus Lar
sen $500 damages against the West
ern Fuse and Explosive Company for
the wrecking of his little home at
Melrose through an explosion caused
by murderous Chinese.
The suit is the first of its kind ever
tried in this State, and its appeal TO
the Supreme Court, which naturally
follows, will give rise to line of new
decisions.
Thirty-two similar suits are to be
filed within a few days, and no doubt
these will be followed by others in
other sections where powder works
explosions have created havoc and
left wrecked homes and corpses in
their wake.
It can easily be estimated that the
Larsen Judgment will prompt others
in litigations involving hundreds of
thousands of dollars damages.
Oakland office San Francisco Call,
90S Broadway, Aug. II.
The trial of the suit of Rasmus Larsen
against the Western Fuse and Explosives
Company for $500 damages on account of
the wreckng of his home at Melrose by
an explosion was concluded in Judge Og-
den's court this afternoon, and the jury,
after celebrating less than twenty min
utes brought in a verdict awarding TO
plaintiff the amount of damages sued for.
Seldom has case been so bitterly
fought in the Superior Court OF this
county as the present one, and through
out the trial, which occupied nearly three
days, the courtroom was thronged with
residents and property owners who mad
also sustained damages or in some in
stances total loss of their homes by rea-
son of the fatal explosion of the fuse
works at Melrose on July l9 of last year
The circumstances of the explosion
which cost the lives of five deputy Sherlffs
and ConstableS and one woman, briefly re-
Capitulated are these: A Chinese named
All Ting, after having murdered one OF MS
colntrvmen in Alameda and escaping
from the clutches of the officers took ref
uge in the powder magazine OF the fuse
works at Melrose. Efforts had neen mace
to induce him to surrender, but he Sconed
all Finally the next morning desperate
effort was made to capture him, when he
fired his revolver in the magazine. An
explosion followed, with the attending ia
tality mentioned and wreck1ng most OF the
homes and schoolhouse located near the
works. 49,.
1t developed that the company had 5000
pounds of powder stored in the magazine
at the time of the explosion, and TINS, to-
gether with most of the material allega-
lions in Larsen's complaint, was admitted
by the answer and amendment OF defend
ant corporation.
trial and plaintiffs attorneys, Messrs.
Nusbaumer Reed, Chapman and Gift,
moved for judgment on the pleadings; but
this the court denied, and the question at
resolved itself into of fact and
law as TO whether the storing of powder
al the works in a populated place con-
To many remarks made by the court in
giving his view and definition of a nui-
sance the defense excepted; also to the
denial of its motion to instruct the jury
to find for the defense. Exceptions were
taken even in instances where the court
was addressing itself to interrogatorles
of counsel for the plaintiff.
Judge ogden in summing up the case
declared that there were practically no
decisions in this State for him to follow
in determining the issues in the present
case and until there might be some he
would follow along the line of the case in
the S0th New YORK reports. Nor did that
case bear materially on the issue at stake
in the Larsen suit.
In his instructions to the jury Judge
Ogden ruled that any magazine that Is so
located where an explosion VIII result in
damage to residents or their property
constituted a nuisance, even though the
explosion was caused by an agent other
than the corporation owning the works.
The point raised by Attorneys Lukens &
Wright that Larsen had taken up mis-
residence at Melrose knowing the fact
of the powder being stored in the maga>
zine, the court instructed the jury was of
no weight.
In conclusion the court instructed that
if the jury finds that the corporation had
stored powder at their works in Melrose
in such a manner that an explosion would
cause damages to the residents and tier
homes they must find for the plaintiff.
Two forms of verdict were given to the
Jury. One finding for the defendant; the
other for the plaintiff in the sum of $500.
To the latter form the defense objected
and was overruled and excepted.
When the jury brought in it's verdict
finding for the plaintiff, the defense being
doubtful as to the majority, asked that
the Jurors be poled. 1t proved that the
verdict had been unanimous.
II is recognized that the case will now
go to the Supreme Court as clear test
case.
be brought by the other victims of the
explosion, including the trustees of the
MeIrose school district. The judgment in
the Larsen case to-day is regarded as a
great victory for the sufferers by the
Merose explosion.
Alameda News Notes