The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-31

pany. because of the low pressure
which existed in the city on the night
of the big fire. w. F. Schoch, the at
torney for the Parkhurst-Davis COM
pany, however, declared this morning
that for the present the suit is prob
ably off
Attorneys in the city who claim to
be acquainted with the conditions I'M
der which the $150,000 damage suit of
the insurance companies against the
Topeka WaterWorks was to be brought,
state that this suit has also been given
up for the present, and that Mr.. Hicks,
of the Chicago law firm of Barger d
Hicks has gone home because of ina
bility to find the necessary facts upon
which to enter the suit. Mr.. Hicks
spent Tuesday and Wednesday in the
city and then went back to Chicago 70
report to the insurance companies
which had engaged him.
There is, however, back OF all TINS an
interesting and complex feature when
may perhaps explain several things
According to the laws of federal prac-
tice any one of the insurance com
panies which had risks on the Park
hurst-Davis building may bring a SUIT
for damages in its own name. but col
lectively as they have chosen TO do,
the insurance companies must enter
the suit in the name of the Parkhurst-
Davis Mercantile company In view OF
the fact that the big Topeka whole
salers also want damages from the
water company, they will naturauy
proceed to get their own Judgment hrsl'
before they allow the insurance COM
panies to use their name. An agree
ment could be reached by bringing sun
under the name of Parknurst-lJaNlS
company for both the amounts claimed,
$500 by the insurance companies ana 1e
S1G0 OOO by the wholesale company itself,
and then apportion the Judgment. IN
der the law the Parkhurst-Davis COM
pany can only obtain judgment for
such amount lost beyond Its insurance
for should it obtain more the insurance
conDanies would be legally entitled to
their share of it.
An attempt was made to get Mr..
Schoch to talk further about the mat
Ter hut he refused and seemed positive
| that no suit will be brought in the
name of his clients, the Parkhurst-Da-
Wis company.
What will come out of Chicago from
the insurance companies is hard TO say.
| lust after the big fire in Topeka, the
/ Chicago representatives of the company
met and after being informed that the
| low water pressure was responsible for
the major portion of the immense loss,
employed Barger and Hicks to take UP
the matter. Mr.. Hicks accordingly came
to Topeka this week where he consulted
with a number of law firms. 1t was
| announced on Wednesday from reliable
sources that suit for 900 damages
would be brought in the federal court
at an early date and that LOOMS, Blair
and Scandrett, and Mulvane and Gault
| would be associated with Barger and
Hicks. To day it is stated, not, how
ever, by these attorneys, that the suit is
| of, for the plain, unvarnished reason
that the Topeka Waterworks company
has shut down on facts pertaining to
its business. Because of this, and some
other seasons, Mr.. Hicks says that he
would need more information than he
can get at the present time to bring the
suit.
Despite this complex legal tangle.
and it has considerable inside unpub-
Hshed history, the comfortable fact re-
mains that it will in no way interfere
with the city of Topeka in obtaining
the waterworks at the sale which is
scheduled for April p. These damage
suits if brought, will necessarily be
against the proceeds. The decree order
ing the sale has been made, and the
damage suits asking for judgments will
have to play second fiddle. The federal
court is in reality in possession of the
waterworks, having appointed a receiv-
er to look after its business. The court