Evening star., 1901-08-28
THE COURT MUST DECIDE
DISTRICT DECLINES TO PAY CLAIM
OF JOHN d. LEWIS.
Horses Came into Collision with Fire
Engine-The Views Of Act
Ing Chief Belt.

On claim for damages filed with the
Commissioners by A. A. Birney, as attor-
ney for John d. Lewis, whose horses were
injured by coming into collision with fire
engine August %, on Pennsylvania avenue
between 10th and 11th streets northwest
Commissioner Ross has decided, after con-
sidering a report of the affair from the
fire department. that unless judgment is
rendered by court, the District will not
pay the claim.
After giving an account Of the accident
from Mr.. Lewis standpoint Mr.. Birney, in
his written presentation OF the case to the
Commissioners, concludes by saying:
'The loss imposed upon Mr.. Lewis Is not
adjusted, IL you will consent to pay 1t. We
claim for Mr.. Lewis only the actual loss
sustained. and, in view of the fact that he
Is very poor man, depending almost
hood, we ask your very early determine
ton If his actual damages will be allowed
him by you
Acting Chiefs Report.
Acting Chief Engineer of the Fire Depart
ment William T. Belt has made the fol-
lowing report regarding the accidenr:
1.-The afternoon Of the day of the acci-
dent Mr.. Lewis called at headquarters. and
claiming that the collision was due to
negligence on the part of the driver Of the
chemical engine, demanded compensation
to the amount of 800. Believing that the
collision was due to negligence on the
part of Mr.. Lewis, this department refused
to recommend that he be allowed any COM
pensation whatever.
Mr.. Lewis claimed that one of the two
horses attached to his team was worth
$780, and that the other was worth a little
less. He also claimed that one of the ami
mails, the one which he valued at 500, was
permanently injured.
Neither Animal Seriously Hurt.
"The department directed Assistant Chief
Wagner, in charge of the horses Of the de-
partment, and DR.. Robinson the District
veterinarian. to carefully examine the hor-
ses belonging to Mr.. Lewis, and they re-
ported that the more valuable one was
worth between $40 and $50 and the other be-
tween $40 and $50. They also reported that
neither horse was seriously injured. Mr..
Lewis stated during his call at headquar-
ters that his eyesight was very poor and
that his hearing is not good. He was sur
prised to learn, though he stated that he
has been coming to Washington for forty
years, that the apparatus of the fire de-
partment have the right of way over all
other vehicles, and that to teams and Pc
destrians the bells and gongs of this de-
partment's apparatus upon being sounded,
constitute warning to clear the road.
From reports received by the depart
ment, 1t is believed that the collision was
an unavoidable one, because Mr.. Lewis
instead of keeping in the direction which
he first turned his horses when he became
aware Of the rapidly approaching engine,
turned them right into the way Of the ap-
paratus, and that Mr.. Lewis, If not entirely
responsible therefor, was at least guilty
of contributory negligence. This position
the department took this day when Mr.. A.
A. Birney attorney for Mr.. Lewis, called
at headquarters to file a claim for damages.
The department therefore regrets that 1T
cannot recommend that damages be al
lowed Mr.. Lewis"