The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-05-19
WANT DAMAGES FOR A FIRE.
BELL TELEPHONE COMPANY SUED
FOR DEFECTS IN IT'S SERVICE.

ThomasviIie, Have Entered Suit
Against the Company for the Loss
Resulting Erom the Destruction
of Their Residence by Fire-In-
ability 10 Secure Connection With
the Fire Department Delayed Its
Appearance on the Scene Until Too
Late to BE of service-s2any Arr
ticIes of Intrinsic and Extrinsie
yR1ue were Thus Destroyed.
A damage suit very unusual in its ma
ture was fled yesterday o.. in the United
States Circuit Court, to which IL was
transferred from the Superior Court o;
Thomas county The plaintiffs are Mr..
George H. Stone and Mrs. Staiira S.
Stone CT Townsville and the defendant
the Southern Bell Telephone and Tele-
graph Company.
The plaintiffs sue for the recovery of
SL6,s0d, the amount of the damages they
Claim to have suffered from che negii-
genl failure of the company to fulfil with
them its contract TO furnish telephone
service in the town of Thomasville. The
manner in Which the damages are said
to have been incurred and the basis upon
which the suit is brought are sufficiently
strange and interesting to be the subject
OF Inora than passing notice.
The plaintiffs are wealthy Northern
people. formerly residents of Ohio who
fer some years have made their home in
Thomasville. AT least it is their conten-
ton, made in their petition, that their
domicile was there, but the defendants
AYERS that they continue to be citizens
of Ohio, though their residence during a
portion of the year may be in Thomas
vile.
1t lis alleged that on Feb. II, 1900. the
plaintiffs discovered their home was on
fire and made a prompt effort to commun-
icate the fact 40 the headquarters of the
Thomasville fire department, with which
the telephone line connected. They We're
unable to secure any response from the
central station Of the telephone company,
and under the impression that their tele-
phone was out Of order made similar eff
forts to get the connection from the
phones of some of their neighbors. All of
these were equally unsuccessful with the
frat.
In this manner valuable time was lost the
fire department did not reach the scene
CT the confiagnation in time to stop the
ravages of the flames and in consequence
the house and it's valuable contents was
almost completely destroyed. The fire de-
partment of the town was at the time of
the fire we'll and fully equipped. and had
it zen possible to notify it promptly, the
loss the fire caused could have been cas-
ment cSuld have reached the scene of the
fire within a minute or two after il was
discovered, have played STIR am of water
on the flames and extinguished them.
The plaintiffs then so on 10 recite and
charge that their contract with the tele-
phone company required IL to furnish con-
peetion with the other subscribers over
the telephone lines at ala hours of the day
and night. II is charged that the failure
to secure the connection a the particular
time when II was most needed. was the
IroNsmate cause of the conhagra ton, ar
at any rate. of its disastrous results, and
that the company should be held liable
in damages for the loss that was thus i'll
CURED. This is estimated TO amount 10
sse.99G
Appended to the petition is q lengthy
schedule of the various articles which
combined constitute the property lost.
Starting with the house, estimated to have
feen worth SS.6Op IL embraces a list of lhe
books in TIE family library, said to have
been worth almost as much more follows
with the family furniture and plate and
Winds up with an inventory of the cloth
ing and wearing apparel of Mr., Mrs.
and Miss Stone. The wardrobes of the two
latter appear to have been handsome and
elaborate, and embrace very many COS
tunes for occasions of more or less cere-
mony and gorgeousness. MIR. Stones own
personal wardrobe contained the articles
gentleman of some means and leisure
and Ens valuable in itself.
After the suit was instituted in the Su-
perior Court of Thomas county a motion
was made by the defendant to have Il
transferred 10 the Circuit Court of the
UnitedI States for this district on the
ground that the amount in dispute ex-
ceeded in value the sum of $1,000 and the
parties We're residents of different states.
The defendant corpora ton is a citizen of
the state OF New York. while The plaintiffs
are all said, in the motion for a removal,
to be citizens of the state OF Ohio At
any rate IL was clear that they were not
citizens of the same state and the mo-
uon for removal was granted. The usual
bond was filed and a certified copy of the
proceedings heretofore had has been de-
posted with the clerk of the court here.
1t is very doubtful if there is "a case
even closely similar to this in the annals
of the law. II marks an entirely new
departure and II recovery was had will
establish almost an entirely new precedent.
The effort to hold telephone companies
responsible in damages for loss resulting
from defects in their service is attractive
liz uncommon