The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-08-24

The complaint was filed yesterday in
h case of the Willard Bag & Manu-
featuring company against the Claren-
don Waterworks company and it was
not known until yesterday what
amount would be asked. Suit is for
something over s24,, 900 and was
brought by Messrs. Meares G Ruark.
1t will be remembered that the plant
or the above named manufacturing
company was destroyed by fire last
spring and at the time quite a great
deal was said in regard to the water
pressure and it was .ontended then
that the fire was far worse than it
would have been had there been a good
water pressure. This is not the onlv
suit growing out of this fire. Attor-
neys think they have an excellent suit
and say it is ever better than
the n in which Fisher from Green's
boro got such a large verdict against
the Greensboro Waterworks
and which was carried to the highest
courts in the land.
After setting forth that the Willard
Bag G Manufacturing company is a
corporation chartered in this state and
other facts in connection with it and
citing the essential points in the con-
tract between the city and Clarendon
Waterworks company, he complaint
alleges: That at the time of the
fire the plaintiff had large quantity Of
machinery and material stored in said
buildings to the value of SAT, 1884. 80
and that the buildings OF plaintiff were
reasonably worth sum Of 49, 1862 6
making total value of machinery and
buildings s59,139.56; that on night of
fire the fire alarm was promptly turn
ed on and in less thar ten minutes
thereafter the fire department Of the
city, which is highly efficient, arrived
at said fire with all necessary and pro-
per equipment for the ready control
n extinguishment of said fire, said
hose was in every respect sufficient for
the demands of the occasion and hy-
drants sufficiently near the scene of the
fire to have afforded water adequate
for the control and extinguishment of
said fire if the proper water pressure
had been on same. But notwithstand-
ing the fact that the fire department
arrived on the scene promptly proper
ly equipped to convey the necessary
water on and upon the fire, the same
spread from the building wherein it
originated to the buildings of plaintiffs
whereby buildings and property of
plaintiff was destroyed.
1t is alleged that the defendant
company persistently, carelessly and
negligently failed, neglected and refus-
ed to furnish the proper water pressure
as agreed to and required by it's con-
tract, and as its duty to the public re-
quired and by reason Of such careless
ness and negligence on part Of the de-
PENDANT company, the property Of
plaintiff was totally destroyed by said
fire, by reason Of which destruction
plaintiffs have been damaged in the
sum Of s24,S46.36.
Complaint further alleges, that plant
Of defendant company including its
pumping station, its water mains and
its reservoir, were at the time of the
fire alleged, wholly insufficient and
inadequate to meet the requirements
Of its contract: that defendant COM
pany had full knowledge Of the INSULT
cheney and inadequacy Of its said plant
for a long period of time prior to said
fire, and notwithstanding srch know
ledge, defendant careIessly failed and
neglected to provide proper, sufficient
and adequate plant as its contract and
its duty to the public required and by
reason Of such failures the plaintiffs
sustained damages as aforesaid. II is
further alleged. that at the time Of the
aforesaid fire, that defendant company
failed TO have proper persons in
charge of its pumping station. and By
reason Of such negligence plaintiff
sustained damages.
The plaintiff. ii Is alleged, at time Of
fire had insurance on said property 10
the amount Of s34,293.20. and that
since the said fire the plaintiff has coll
lected Of such insurance the sum of
s3+ 293 20. which said amount being de-
Quoted from the total value OF plain
tin's property as here!nbefore alleged,
leaves a balance Of s24.S4e.36. which
latter amount constitutes the loss
which plaintiff has sustained
Plaintiff demands Judgment against
the defendant for the sum Of $~24,S46.36,
as damages aforesaid and such other
n further relief as they may be en-
titled RI 0rS ~a~ W. -1-~r ~ .Isz n~