The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-05-18
i QUEER SUIT III O8aaaEBuRG.
Dc. Jesse A. Clifton, Whose Furni-
sure, Books and instruments
Were Destroyed by Fire
Ia tae Scovill Building. Brings Suit ST.
500 Against Corporation.

IL fae Sc5ViA Building. SFingS Sutt Si,-
500 Against Corporation.
Orangeburg.. May lo.-Messrs. Wolfe
s. Berry, attorneys for Dr.. Jesse A.
Clifton, of this city, have brought
suit against the Virginia Life Insur-
ance Company upon a cause Of action
that is rather new TO the legal frater-
ni4y of this State. It evokes new
principle of law in this State, and
the outcome OF the suit will no doubt
be noted with interest by the fire in
surance Interests generally.
On the morning Of the 3lst Of last
December She handsome Scoyil build
ing, in this city, was found TO be on
fire. The fire was discovered only a
fen hours before daylight, and it was
evident that it had been burning for
some time before it was discovered.
The lower floors were occupied by
the Bank Of Orangeburg and several
stores, while upstairs there we're sew
seral Offices. It was with difficulty that
the local fire department. succeeded
IN preventing the destruction Of the
5ailding. All of the upstairs rooms
were charred by the IRE and we'll
soaked with the water, while the
damage to the interests downstairs
was comparatively slight. The build
ing Was damaged to the amcdnt Of
about IS, 900 and; was fully covered by
insurance. It has now been fully re-
paired with the money paid to Mr..
Scovill by the insurance companies.
Nearly all Of the tenants Of the
building carried insurance on their
effects and these losses we're promptly
settled.
The complaint alleges that Dr.. Jesse
4. Clifton, practicing physician
and surgeon at the said place, on or
about December 81, 1908, In his Office
In three rooms OF said building own
ed and kept a lot Of valuable surgical
instruments and appliances, medicine
and chemicals, books, papers, pic
lures and diplomas, Office fixtures and
furniture, and other property Of the
aggregate value Of 81, 500.
DR.. Clifton was one Of those who,
unfortunately, carried no insurance
upon his Office contents, and the en-
tire contents Of his o66ce were very
nearly, or totally, destroyed by the
fire.
One CT the rooms opening on Market
steet, in the rear Of the building was
oceapied by Mr.. E. B. Vinson, the
manager Of the Orangeburg branch
Office Of the Life Insurance Company,
Of Virginia. The fire burned most
fercely in the rear of the building
and had evidently originated in the
rear portion of it. The Offices Of DR..
Clifton were located across the ball
from the Office occupied by Mr.. Vim
son and both places were badly burned
before the fire was got under control.
AT the time Of the IRE some one said
that the FIRE was observed in the por-
sion Of the building occupied oy Mr..
Vinson, but the real origin Of the fire
was not known definitely. The origin
of the FIRE was unquestionably an ac-
cidsns, and the plaintiff in the action
does not make any claim other than
that il was due to the negligence of
the agents Of the defendant.
The allegations are that the defend
ant had and maintained in its Office a
heating coal stove with an open front
crate, but wherein wood, and wood
of TOO great length and size, is used ;
and said stove was set upon the bare
hoor without tin or iron or other pro-
lection between it and the wooden
Aoor underneath, the use OF such
wood and the omission to use such
protection being carelessness and neg
lgence on the part of the defendant,
and that the defendant also, carelessly
and negligently permitted q quantity
OF paper, trash aad waste to accumu-
late around the stove, and at the last
named time, having in the said stove
fire, the same was communicated to
the flooring and wood work of the
said Scovill building. and the said
building set on fire, whereby the
property of plaintiff was totally con.
sumed.
The plaintiff will have to prove his
contentious thas the fire originated in
the room occupied by the agent Of the
defendant, and that it was the result
of his carelessIess and negligence.
It is understood that both positions
are denied by the defendant, wno il
represented by Messrs. Raysor &
Summers.
Even granting the facts of the neg.
ligence and origin of the fire, it viii
be an interesting question whether
the Life Insurance Company woulc
be liable to damages for such fire be-
cause Mr.. Vinson happened to be it,
representative in Orangehurg. The
rule, if established, would hold any
individual to q liability for damage:
inflicted upon property of a neighbol
by FIRE originating on ones premises
If it could be established that there
was negligence or carelessness on hi:
part. A very great number of fire'
originate from carelessness or negli
gence, but no criminal wrong can at
tach in the circumstances.
IL this rule is established it Will re
quire much more care and precautior
. IN the prevention Of fires by the pub
lie. It is said that in France ant
other countries Of Europe 8 person
should FIRE originate on his prem
ises, is required to prove that it wa: