The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-09
DAMAGES FOR TWO LIVES
JAMES b. COY is SUING THE INDIAN.
APOLIS GAS COMPANY.
He Alleges that Two of His Children
Died from Cold Due to Lack of
Gas-COurt Gossip.

The damage suit OF James B. Coy against
the Indianapolis Gas Company went TO trial
in Room 8. Superior Court, yesterday. be-
fore a jury. Coy is suing the gas company
en- account Of the death of his two little
daughters, Lou Ethel. aged five years, and
Nina NJ. Coy. aged six and half years.
The children died in December, 1892. At the
time Coy was living with his wife and
five children at 12O Sheffield avenue Haugh-
vile. All of the Coy children ' ire at
tackled with diphtheria that wih1er and
three had entirely recovered. The other
two, Lou Ethel and Nina NJ, wero In
fair way to recovery, when they fell Ill
again on account of the low gals pressure,
it is claimed. The evidence showed that
they were able to be up at the time the
gas got so low that the house could not
be heated. AS a result of this exposure to
cold, it Is asserted the children lost their
lives.
Although Coy brought suit for dama.
while Judge Bartholomew was on the
bench in Room 3, the case has never be-
fore been tried. Judge Bartholomew sus-
tanned the gas company's demurrer to the
complaint, holding that the complaint was
action. The matter was taken to the Su-
preme Court and the decision of Judge
Bartholomew was reversed. The higher
court held that the plaintiff did have a
cause of action.
The Coys have moved away from this
city and now reside in Brown county. Mr..
Coy is here 20 attend the trial, but his
wife is not. Her deposition was read yes
terday. An elderly woman who attended
the Coy children during their fatal illness
is one OF the witnesses. Yesterday morn
ing the plaintiff was pu. on the witness
stand and just before noon, in replying to
some question put by Attorney Ashby, he
broke down and began sobbing. His emo
ton became so violent finally that Judge
Carter decided it was no use to try to pro-
coed and adjourned court until afternoon.
Attorney Winter, counsel for the gas COM
pany. took an exception to the plaintiffs
manner on the witness stand, and the ex-
ceptions were placed in the record
1t is claimed that Coy made every reason
able effort to get supply of coal or. wood
when he found that the gas had failed
one OF the witnesses l YESTERDAY was a
Coy came to him and tried to buy COAL
but there was none to be had. The woman
who nursed the Coy children said that they
had to pile the bed clothing on the chill
dren so heavily that they complained of its
weight. Tt is claimed that Coy notified the
gas company more than once of the condi-
tons at his home, but he received no re-
lief.
DIR. Thomas, the physician who attend.
ed the Coy children, testified that the
cause of death was Que to the low tempera-
ture of the rooms as a consequence of the
low gas pressure. The gas company in
troduced documentary evidence to show
that during the month of December, 1892.
while the Mccoy children were i'll, the gas
pressure was very uncertain One day
there would be one ounce OF pressure
and perhaps the next there would be a
pressure OF twenty pounds.