The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1913-11-18

TACT OF the illness OF the cHlluTen anu
said that in addition to the anxiety felt
by the father for his children's condi-
ton, he was put to the expense of having
two trained nurses, paying large doctor
bill, besides being compelled to neglect
his business. Mr.. Davis contended that
the Water Company was negligent in
polluted water and thereby
rendered itself liable for damages to the
plaintiff. In the latter part of 1911 and
the first part of 1912 the water was pol
luted and full of germs. An agent of
the state health department, an expert
in such matters, pronounced the prevail
ence of typhoid fever to polluted water.
Physicians lin attendance and others
said the water was the cause of the ty-
phoid outbreak The local Board of
Health summoned officers and repre-
sentatives of the Water Company and
the latter acknowledged they had not
put in sufficient quantity of the neces-
sary chemicals to make the water pure.
1t was the duty of the Company to fur
nish good water and it failed to do so.
The defence was conducted by v.
Claude Palmer and Lewis Starr. They
insisted upon general denial of all the
claims made by the plaintiff, and that
the children did not contract the disease
from the negligence of the Water Com
pany.
James S. Hume was the first witness
and said he was superintendent and
treasurer of the Water Company in the
years 1911 and 1912. He identified bill
paid by Mr.. Jones for the use of water
from April l, 1911 to April 1, 1912.
DIR. FitzRandolph, chief of the bureau
of health, testified that analyses of water
were made in 1911 and 1912, under his
supervision, but not by him personally.
The records of the analyses were not
kept by him but by subordinates. Cor
respondence between the state bureau
and the Water company was offered but
objections interposed by the defence
that, in addition to the fact that Dr.
FitzRandolph did not make the analyses
the correspondence covered times Other
than those when the Jones children were
afflicted. The objections were sustain
ed and the witness stepped aside.
Mr.. Letton, at present public health
inspector in the service of the United
States, was with the state department
in 1911 and 1912. As sanitary engineer
he had examined the water shed, water
source and filters of the Mount Holly
Company. He made chemical analy
sis of the water in 1912 but not in 1911
although he made an examination o
the plant and surroundings in the latte
year. He found a well managed anC
efficient plant. In February, 1912, hi
attention was called to a report that raw
water was pumped through the mains
without filtation. He came to Noun
Holly and examined the plant anC
found the report to be without founda
ton, as it was impossible owing to tn,
construction of the plant to pump waite
direct. The raw water showed Sigh
contamination.
David C. Bowen, of the state board o
health, was called and at the first ques
ton propounded to him there was al
objection on the part of the defence
which brought from the court the re
mark: "All there is to this case, gentle
men, is, was the water wholesome or un
wholesome ?' Mr.. Bowen said he made
an inspection of the stream and waite
shed in February, 1912. He visited The
stream above Mount Holly and founC
very bad conditions at Smithville, which
were destined to pollute the creek. He
also described the manner in which
sewage was disposed at the insane asyl
UNI, subject that was brought to tn,
attention of the Board of Freeholders, re
sulting in the building of new sewage
plant at that institution. He though
the conditions he found along the stream
between Smithville and Mount Holly
were very detrimental to the water sup
ply of the town.
DIR. Elmer ID. PricIitt was called as
member of the Mount Holly Board o
Health to shaw conditions and con
ferences with representatives of tn
Water Company, but it was ruled tina
the records of the Board of Healtl
would show for themselves ON this point
Walter T. Stewart, secretary of tn
Board of Health in 1912, was called bu
he had failed to bring the records and b
was allowed to step down and go afte
the books.
| DIR. r. H. Parsons was called and whel
he was asked if there was an epidemi
of typhoid fever in Mount Holly in Eel
ruary, 1912, objections were entered OF
the ground that it did not matter wha
might have been general condition
the testimony must be confined to tn
Jones case. This was sustained and tn
witness stepped down.
| Owing to the absence of an importan
witness for the plaintiff Mr.. Davis asked
at this point, that a recess might b
taken. The Judge said the case woul
go over until Friday morning. Later i
was decided to put it off until yesterday
but after consultation it was agreed tina
it should be considered that one juro
had withdrawn from the box, thus max
ing jury of IL men, and causing mis-
trial and the case went off for this term
On Friday morning court and juror
were on hand ready to attend to bus
ness, but the lawyers did not seem to b
anxious to get their cases on. SeVera
had been set down for the day and tn
only one ready was that of the Burling
ton Supply Company against OBADIAH
Davis.
Before beginning this suit Judge Cal
row called attention to the fact tina
there was lack of business and he sal
such condition should not arise Tn
LAWYERS knew that their cases wer
likely to be called and he would insis
hereafter on prompt response. Even i
the case now before him there was della
because one of the counsel was not pres
ent and would not be on hand until
half hour after the time fixed for cor
vening court.
! On the arrival of Budd NJ Rigg, who
with V. Claude Palmer, was representa-
tho plaintiff the case VraS onanad III