El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-02-24
NICKS GETS $3.50.
The Verdict Of the Jury Against
MomSen & Thorne.

Momsen & Thorne.
The arguments il the Nicks case
were begun and com pleted yesterday
afternoon.
Before the arguments began Mrs.
Clara Cohen, the owner of the house
where the accident occurred, was put
upon the stand and denied hat she had
ordered Momsen & Thorne's plumber
to remove the gas pipes when he put
in the bsthtub as the latter had
declared upon the stand. She declared
he had removed them because he said
they interferd with his work. She
supposed be knew his business and left
him to manage it.
THE ARGUMENTS.
It was agreed to allow the attorneys
for each defendant one hour to pres
ent their case to the jury and those for
the plaintiff an hour and half for
opening and closing. The addresses,
however. were completed in less time
Attorney George E. Wallace mad7
the opening address for the plain tiff.
He first read to the court a number of
legal authorities on the responsibility
of employers for the acts of their
employees and also that applicable
when the negli gence of two or more
parties contributed to the act COM
planned of. He maintained that it was
wholly immaterial to the issue at bar
whether or not Momsen 81 ThOrne's
employe violated their orders in doing
as he did in taking out the pipes. The
fact that he did take them out was
sufficient to settle the responsibility OF
his employers.
Mr.. Wallace maintained that the
Gas Company was equally guilty OF
negligence in not having taken out the
disused pipes and not shutting off the
gas after the meter had been taken
out.
The attorney announced that he did
not consider the evidence sufficient to
hold Mrs. Cohen liable and he would
not press the suit against her.
Mr.. Wallace was severe In cond emn-
ing the action OF the plumber which
he characterized as the grossest negli-
gence saying that the only wonder was
that no lives had been lost as a result
of it.
DEFENSE'S ARGUMENT
Judge Falvey made the first address
for the defendants, Momsen & Thorne,
and was followed by his partner,
Waters Davis. Both took exactly tie
opposite position to that taken by Mr..
Wallace in regard to the liability of
Momser & Thorne for the act of their
employe. They held that as he had
been sent there only to put in bath
tub aud nothing more when that was
done responsibility for his acts ended.
Moreover, they maintained that il
Roller had exercised due care and dill
igence in handling the pipes, his en-
ployers were not responsible Tor the
consequences of anOther's negligence.
If anyone was to blame it was the gas
company, who had carelessly left the
gas turned on when the meter had
been taken out instead of turning 1t off
from the street.
GAS COMPANY'S SIDE.
Attorney Willard Patterson on be-
b alf of the gas company enoeavored to
throw the blame back onto Momsen &
Thorpe. He maintained that his clients
id taken all reasonable precautions
when the meter was removed by sealing
up the pipes which were left for use in
case any future tenant should desire
gas. The pipes were under the exclu-
i've control of the gas company and
were not to be touched by anyone else.
This rule was well understood by
plum bers, and in violating it Momsen
81 ThOrne's empioye had caused the
explosion.
PLAINTIFF CLOSES.
AS the case against their client, Mrs.
Cohen, had been dismissed Beall &
Kemp made no arguments to the jury
and when Mr.. Davis had finished G. B
Patterson began the closing address
for the plaintiff answering the argu-
ments of the opposing attorneys for
non liza bility of their clients and DEVIL
ing upon the serious and permane Mt
character of the injuries received by
Nicks.
This morning Judge Goggan deliver
ed his charge to the jury and that
body returned a verdict for the plaintiff
IN the sum of $3.50 against Momsen &
Thorne and exonerasing Mrs. Cohen
and the gas company.