Weekly journal-miner., 1913-05-07
LOSES DAMAGE SUIT
 GIVEN ALLOWANCE
(From Sundays Daily.)


 The jury in the case of Bixby vs The Arizona Power Company. hand ed in a verdict for the defendant yesterday morning which relieves the power com~ar- of all responsibility for the death of Melbourne A. Bixby. one of its employees who was killed here two years ago by coming in contact with an electric wire. The verdict holds that the company was not neoligent and had exercised due care and caution.
 The jury however after rendering its verdict and after being dismissed by the court sent a committee of its. members, composed of J. T. Shef- field and T. B. Jones to The Ari- zona Power Company with a pc tition reading as follows:
 "To the officers and directors of the Arizona Power Company, Pres colt. Arizona. Dear Sirs:
 'We, the undersigned, jurors in the case of John Duke. administra- tor of the estate of Melbourne A. Bixby, deceased, against the Arizona Power Comrany, do hereby earnest ly plead that in view of the fact that according to the law and the evidence we were compelled to de- eide said suit in favor of your com pany. the defendant. that you, The Arizona Power Company, do volun- tarily donate to the widow and or phan child of said Bixby a liberal contribution for their support
 Respectfully submitted,
 J. T. SHEFFIELD, Forman.
 T. B. JONES.
 GRANT CARTER.
 THOS. NJ. NOLAN
 E. NJ. FOLTZ.
 ]. A. BOZARTH.
 ]. E. RUDY.
 THOMAS SINNERS.
 O. F. ORTHEL.
 J. s. SCOTT.
 B. F. DENNY.
 O. NJ. THARP."
 Prescott, Arizona, May 3, 1913.
 The petition met with the hearty approval of the officers of the com pany in view of the fact that they had long been considering such ac- ton. After Bixby's death they took up with his relatives the question of a donation because he had neen a faithful and efficient employee, and offered them more than lib- eral amount in addition to paying the funeral expenses and his current debts. This amount was rejected by them upon the advice of other par ties and an administrator was ap pointed, who filed suit for $50,000. The company felt it could not com ply with such a demand claiming it was not responsible for Bixby's death.
 Since the jury decided that the company was without fault and without negligence the question of a donation was taken up again and after considering the jury's petition. upon Mir. Watson request it was de- cided by Mir Viele, the president and Mir. Mason, vice president of the comN any. to pay all the funeral ex- penses of Mir Bixby, and all local bills of MT. Bixby and Mrs. Bixby which were filed at that time with the company. which have been left unpaid by the Bixby estate, and to present ATS. DlNOy -WllH very liberal amount of money for her own personal use.
 The company also decided to pay the mileage and per diem for the witnesses for the plaintiff to relieve the estate of this expense occasioned by the law suit.
 The request of the jury for this donation was granted upon the ex- press understanding that it was for the widow herself alone (there being no child, the jury being in error as to this) and not to pay any at torney's fee in this suit or the need less expenses of the administrator for court and other costs incurred by reason of the law suit