Los Angeles herald., 1907-11-08
COMPANY
DECLARED
BLAMELESS
FAMILIES OF DEAD MEN MUST
SUE ELSEWHERE
OWNERS OF LONG BEACH HOTEL
INDICATED
Decision Of Judge Wilbur May Cause
Suspended Sentence in DAM
age Suit Won by the
Plaintiffs

Full of intensely significant interest tc
the families of the deceased workmer
killed November ., 1906, in the concrete
building which partially collapsed at
Long Beach is the decision handed down
by Judge Curtis d. Wilbur yesterday In
the case Of Alexander Bovay against the
Long Beach Hotel company for $25,OOC
damages.
BY this decision the guilt for the acci-
dent, which caused the death Of a num-
ber of workmen is considerably narrowed
down. Families of the deceased working
men have been confident all along that
they merited damages, but have not
known where to place the responsibility
1t has taken long months of litigation in
the superior court to determine the mat
ter.
In the written opinion of Judge Curtis
d. Wilbur, rendered yesterday, the Long
Beach Hotel company is exonerated
from guilt. The following extract from
the opinion Is self-explanatory:
From the foregoing authorities it fol-
lows that the defendant was not liable
unless he knew or should have known,
of the defect in the plans, and there is
no evidence to indicate that they had
any knowledge or suspicion or any rea-
son to believe that the plans were de-
fective.
''The evidence in this case has not
induced such a conviction in my mind
as would justify judgment based upon
the proposition that the collapse was
proximately caused by a defect in the
plans. Judgment and findings therefore
must be for the defendant, inasmuch, as
the evidence does not preponderate in
favor of the plaintiff"
File Amended Complaints
The first suit brought by Bovay was
against both the hotel company and F.
L. Spaulding, the contractor. Owing to
insufficient evidence against the con-
tractor the action against him was dis
missed. Then Attorneys Williams, Goudge
e Chandler for the hotel company, pro-
ceeded to show that the contractor and
not the hotel company was to blame for
the falling of the Bixby hotel.
This contention led to the decision rem
dered above by Judge Wilbur. In the
meantime Mrs. Jewett Phillips had
brought suit against the hotel company
in Judge Conrey's court before jury
and had secured a conviction and judg-
ment of $4,000. The decision of Judge
Wilbur appears to be in direct contra
diction to the finding in Judge Conrey's s
court and may lead to suspension of
the sentence.
On motion of the attorneys for the
hotel company for new trial the fine
was temporarily suspended. 1t now ap-
pears likely that the fine will never be
collected and that Mrs. Phillips will
have to look to Contractor Spaulding for
damages.
Meantime amended complaints have
been pouring into the superior court in
which members of the families whose
relatives were killed in the accident
make F. L. Spaulding defendant. From
this time on 1t seems likely the hotel
company will be eliminated from the liti-
cation and the struggle will be between
the contractor and the plaintiffs who
claim damages. Already six suits have
been filed against Spaulding and will
come up for trial as soon as the holidays
are over.