The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-09-04
DECISIONS
NOW | LIED
TwoCases are F formally
AdjudiCated,
CHI NATOWN INSURANCE
Judge SiIiman Gives the Written
Findings in zee Wo Chan
Suits.

ago, were Ned on saturday. They
were in the cases of zee Wo Chan
Company VS.. the Magdeburg Fire In
surance Company and the Traas-At-
lantic Fire Insurance Company.
The decision in the former case is
as follows:
This is an action of assumpsis
brought upon a contract of Insurance
in winch the p aintiff seeks to recover
from the defendant the sum of 5000,
the amount of the policy.
Il find that the Plaintiffs are CO.
partners doing business as merchants
in Honolulu under the firm name of
Yee Wo Chan & Co., and that the de-
PENDANT Is a corporation, Incorporated
under the laws of Germany, and en-
gagged in the fire insurance business.
The evidence shows that the Plaintiffs
and defendant on the 18th day OF Octo-
Der, 1899 entered into contract WI ere
by the defendant insured against direct
loss or damage by fire, subject to CT
tain exceptions set forth in the po icy,
the merchandise contained In the two
story building situate on the east side
of Maunakea street, near King street,
in Honolulu, occupied by the insured
as a store.
The policy contains the following
clause: This company shall not be
liable for loss caused directly or in
directly by invasion, insurrection, riot,
civil war or commotion, or military or
usurped power, or by order of any civil
authority
1T appears that during the recent
epidemic of bubonic plague which WIS.,
tied this city the Board of Health in
spected the locality bounded by Kukui,
Nuuanu and Beretania streets, and the
Kaumakapili Church premises and
line drawn in continuation thereof to
Kukui street, and passed a resolution
on January 10. 1900 declaring that
said locality was in an insanitary con-
dition and infected by bubonic plague:
that the infection could not be removed
by any means but FIRE, and ordering
that the buildings within the bounda-
ries be destroyed by fire. In pursuance
with said resolution DR.. C.. b. Wood,
president of the Board Of Health, on
January 18th, issued an order to An
drew Brown, fire commissioner, direct
ing him to burn said buildings.
Acting under this order the fire
commissioner caused the fire to be
started IN one of the said condemned
buildings by and under the supervision
the morning OF January goth. The
fire having been SO started accidental |
ly spread to the Kaumapili Church
edifice and thence through several
blocks of buildings to the water front. !
including the stores of plaintiffs and
the goods therein contained.
Il find that there was only a mod !
crate breeze blowing at the time. and
that no new cause interviewed between
the setting of the fire under the orders
of health authorities and the burning
of the merchandise by the policy in
question.
"The original fire set near the Kau-
a fnrp col 40
proXimate cause of the destruction OF
plaintiffs property. 1t was, in fact,
the same fire. The plaintiffs loss was
the direct result of the order of the
civil authority, l. e.. the Board OF
Health and the acts of another au- !
thority, the officials of the fire depart !,
ment.
Counsel for plaintiffs contend that T,
in order to avoid liability the defen- |
dant must show that the order of the
civil authority was lawfully made,
they claim that there is no evidence
to show that the order of the Board of
Health was legally made. and further i
urge that the Board had no authori y
to destroy the said buildings 1t had
and ordered burned.
The evidence shows, however, that
the Board of Health was acting in good
faith in the premises and passed the
said resolution and issued the said or
epidemic then prevailing. and that tho
fire department acted In like good faith
in pursuance of said order.
1T Is sufficient that the action was
taken and the order issued bona fide.
and without going back of the order, to
ascertain whether or NOT the Board OF
Health was acting within the scope of
its legal authority in making the said
order. l hold that the loss was the di- |
rect result of the order of the civil au- |
thority within the meaning OF the !
above quoted clause of the policy.
Let Judgment be entered for the de- :
PENDANT"
LIBELS AGAINST VESSELS.
Libel suits against various vessels in |
port occupied Judge Estee's attention !
in the Federal Court on Saturday.
The Enterprise case was the first to
be considered. Fred Birkin, one OF the !
sailors. was the complainant, and he |
objected To the treatment he had re- /
ceived on board, showing by DR.. Way
son, as well as some of his fellow salts
of the troubles he had un- |
dergone. The case went over until |
Tuesday,
a $500 bond was filed by the repre-
sentative of the bark Empire. which |
had been attached by her former crew /
for wages due them. The vessel got |
off on Saturday. The case is to be TAX |
en- to the Circuit Court of Appeals.
A $1,000 bond was filed TO release the |
ship Carnedd Llewellyn from attach
ment. Her sailors also want wages and |
damages for ill-treatment. Their story |
was told at length In the Advertiser of
Friday.
20 DIVORCE PROCEEDINGS.
On Saturday Emma c. Dudoit was
granted divorce from Charles Dudoit'l
on the ground OF desertion. adultery |
and failure To support. j. 4. De Bolt
appeared for Mrs. Dudoit.
John $. Andrade. who is suing his
wife, Adelaide Andrade, for divorce,
vas ordered by the court To pay her the
sum of $50 per month alimony during
he tendency OF the suit.