The San Francisco call., 1910-06-13
WELCHERS ARE
HIT HARD BY
JURY'S VERDICT
Decision Awarding $26S,446 to
Property Owners Is Sever
est Blow Struck Yet
California Wine Association Is
Chief Gamer in Victory Over
Insurance Companies
Sums Awarded Property
| Owners by the Jury

By a sweeping verdict, arrived at
only after 4S hours of earnest discus
sion, jury in the United States circuit
court delivered to the weIchins insur-
ance companies the most severe blow
they have received since they attempt
ed to flee from their obligations after
the fire, by awarding damages amount
ing to s26s,446.6S yesterday. The in
sured plaintiffs in the cases were the
California wine association, Marie
Tucker Macdonald. Mount Shasta min
eral springs company and Baker &
Hamilton. The verdict disposed of all
but half dozen minor cases.
The companies against whom judg-
ment was given were the Commercial
Union assurance company, Alliance as
surance company and Palatine insur-
ance company, who were represented
in court by Attorneys Tom C. Van
Ness, III. B. M. Miller, Albert Plaw and
Otto Irving Wise.
INTEREST Is STIFF
Not only did the jury decide that the
welching companies had to pay the
insurance. but AIDED to that a stiff legal
interest which in itself amounted to
$56,616.47. The. case was on trial for
a month and was before Judge William
G. Van Fleet, sitting in the United
States circuit court. The sole ques-
tion, apart from the actual computa-
ton of the losses, was whether the
property had been destroyed by fire
arising directly from the earthquake or
from other fires. Twice the jury de-
clared that it was unable to agree and
on the second occasion the foreman
said that sd set were some of the mem
bers that they absolutely refused to
discuss the case with the others.
ITO those men," said Judge Van
Fleet, II will say that it is customary
for. the federal judges to exchange
their views and opinions on the mat
ters brought to their judicial notice
and it is only by this fair and free eX-
change of ideas that we are able to
arrive at a logical and legal conclu-
sion. Inasmuch as the judges of the
federal court see the wisdom of eX-
changing their opinions / do not think
any juror should consider himself
above doing the same thing.
REPORTS IN MORNING
The jury was locked up once more
and at 1915 a. m. yesterday reported
with an a agreement, awarding sweeping
damages to the plaintiffs. Oscar Sutro
of the firm of Pillsbury, Madison &
Sutro represented the California wine
association, L. A. Redman acted for
Baker & Hamilton and Alexander Vo-
gelsang for the Mount Shasta mineral
springs company.
The cases. 80 in number, were consol-
idated by consent of all the parties. as
the insured property was together, be-
ing in the neighborhood of Third and
Brannan streets.
The California wine association,
which had the largest number of cases
against the three welching companies,
was awarded S242.465.S3; Baker & Ham
ilton were given $1S,376.74; Mount Shas-
ia mineral springs company, s3,802.67.
and Marie Tucker Macdonald, SS,S01.44
While there have been several deci-
sions adverse to the welching insurance
companies the verdict returned by the
jury yesterday is looked upon as the
most sweeping of them all. The case
was fought hard on both sides. Every
legal technicality that could be raised
was brought into issue, but without
avail When the jury hung out all day
Friday and Saturday the common i'm
preston was that all hope of an agree
rnent was passed, and there was a dis
tinct surprise when it reported yester-
day morning in favor of the plaintiffs in
every instance.