The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-18
BIG SUIT is FILED.
Insurance Companies Sue Water Com
pany for $2eO.OOO.


The Parkhurst-DavisA Mercantile COM
pany today filed a suit for $780, 900 liz
demn1ty against ]. w. O'NeiIl, receiver
of the Topeka Water company, because
OF the low water pressure during the
fire which consumed the big wholesale
house on the night of February ID OF
this year.
AS indicated in the State Journal last
Friday, the suit which was filed this
morning was prepared by Mr.. Hicks,
of the firm of Barger & Hicks of CHI
cago, who has been in the city for sew
eral days preparing the papers. Aiding
Mr. Hicks, are LOOMS, Blair q
Scandrett, and W. F. Schoch, the reg
ular attorney for the Parkhurst-Davis
company.
In reality the suit is for the insur-
ance companies. They are liable to the
mercantile company for the loss which
it sustained and which they had guar
anteed against fire. But according 10
legal procedure it is necessary to bring
the suit in the name Of Parkhurst-
Davis company. because they have
first right on all claims for damages
A great many similar cases nave
been tried in the United States. There
are about 20 decisions holding against
the liza bility Of the water companies and
saS has never had a similar question
before its courts, so a precedent will be
established here in the matter.
This suit will in no way interfe e
with the city in getting possession of
the Topeka WaterWorkS company at
the decreed sale at the Shawnee cour-
ty court house next Wednesday morn
ing. The claim for damages which ex-
lists in the indemnity bill filed this
morning is against the proceeds when
the city viii turn over when it buys
the water plant. Judge Pollock decided
however, that the receiver will not be
discharged until there is a hearing.
The petition is brief. 1t recites con-
MT nf
company with the city to supply
proper fire pressure. It also denotes
a side agreement which the Parkhurst-
Davis company had with the Water
company, whereby it was to receive
special guarantee of good water ser
vice in the hydrants about its plant.
The contract was oral but the mercan-
tile company has receipts showing that
for the extra protection. Allegations
are made that the Water company
fulfilled neither of these contracts, the
one with the city, or the private agree
ment with the wholesale firm. That
the pressure was low and absolutely
inadequate is a matter of fact and his
tory, to which plenty of bystanders
will testify.
In its claim for damages, it an
nOunces the loss as $250,00O but asks
for s260,000 and costs. Specifically no
losses are enumerated. The papers for
the appearance of the Water company
defendants were served this morning
The suit has been hanging fire for some
time. Several weeks ago the insurance
companies interested in the matter held
meeting in Chicago and employed Barger
and Hicks of that city to take up the
matter. This firm came to Topeka for the
purpose of getting local counsel to aid;
but for some reason the matter fell
through a the time.
Last Friday Mr.. Hicks came back to
the city again. He had meantime been
gathering evidence. From the signatures
to the bin this morning it is seen that he
engag ed LOOMS. Blair and Scandrett to
help in the prosecution of the case.