The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-27
DEFENDANT WINS
EXPLOSION SUIT
Virginia Mines Disaster Again
in Court.
DECISION IN THIRD CASE
Damage Suit of Clara M. BealIe VS.. the
Alabama Steel and Wire Company
Termlnates-LongD Drawn
Out Case.

The third damage suit agains. the Ala
bama Steel and Wire company, arising
out of the explosion which occurred in
February. $780, in its coal mine at Vir-
ginia City, near Bessemer, was concluded
in the city court yesterday afternoon,
when a verdict was reached by the jury
for the defendant.
1t will be remembered that one hun
bred and eleven miners were killed in this
explosion and that suits were filed against
the Alabama Steel and Wire company for
damages by the administrators of each of
the unfortunate men.
The first of the cases to be reached
was that of Rachel Nelson, administra-
trix, vs. Alabama Steel and Wire COM
pany, the trial Of which proceeded for
over two weeks in the circuit court of
Jefferson county and resulted in con-
tinuance on account of the expiration
of the term of that court before the
case was finished. The second case was
that of L. w. Huff, administrator VS.. Ala
bama Steel and Wire company; and after
a trial lasting over ten days in the cir
cult court, the jury rendered a verdict
in favor of the defendant.
Third Case.
The third case, that of Clara NJ Bealle
vs. Alabama Steel and Wire company.
was reached on the 10th of this month
and continued until yesterday afternoon,
when this jury also returned verdict
for the defendant.
This last trial has attracted much at
tention on account of the heated con-
test being waged over the case; and
many persons were present, from time
to time, to listen to the proceedings. The
plaintiff was represented by Messrs. Frank
S. White & Sons, and Caldwell & Car
michael
Many witnesses have been introduced
plaintiffs there have appeared. among
others, Edward Flynn and w. r. Fair
ley, prominent officials of the United
Mine Workers OF America; Col. L. w.
Johns, and Mr.. James Hillhouse.
The negligence charged against the de-
gas, dust. or other explosive substance
to accumulate in said mine in sufficient
quantities to explode, ETC." Although evil
dence was introduced showing that there
had been some gas in the mine, it was
shown that this was in small quantities,
and not sufficient to have contributed to
the explosion, and the court charged the
jury that no verdict could be found
against defendant on account of the al
legged negligence in respect to the accu-
mutation of gas.
Question Of Coal Dust
On the question of coal dust, it was
contended for the plaintiff that the de-
PENDANT should have sprinkled all of the
headings and entries while the defend
ants evidence was TO the effect that
the proper method of keeping the mine
clean was the method pursued by it of
hauling out the accumuations of dust.
1t was shown that the ventilating sys-
TEN and construction of the mine were
according to the most approved methods.
The jury, which was out about one
hour in agreeing upon a verdict for de-
PENDANT, was composed of the following:
August Self. farmer; Alex P Patterson,
steel worker; j. NJ. Dray. machinist; w.
G. Patterson salesman; w H. c. Vann,
farmer; w. j. Smith, yard foreman; j.
A. Renahe. union depot; II. Keller, mer-
chant; r. l.. Jones. carpenter; r. f..
Daloney, postoffice; w. L. Waldrop, con-
troo ArIf