The Birmingham age-herald., 1915-04-03
INJUNCTION BY WH|TES|DE STOPS
 MOSQUITO SUITS About TOO Had Been Filed Against the Alabama
 Power Co.
RESERVOIRS BLAMED
 FOR THE MALARIA
Two Suits Tried Resulted in Verdict for the Company--Gorgas a Witness in One
 of Them

Chancellor W. w. Whiteside of An niston having taken testimony Tor two days in Birmingham, yesterday granted in favor of the Alabama Power company an injunction against certain deienu- ants restraining them from further prosecuting the so-called mosquito suits.
 These suits to the numner of about TOO were based on an alleged maiarial condition resulting from the Lock l2 reservoir on the Coosa river. Two or the cases were tried and each resulted in a verdict for the defendant company. The chancellor issued his decree or in- junction because in his opinion. the points at issue had been fought out in the cases which have been tried before juries.
 An interesting feature In connection with the cases is that Gen. William c. Gorgas of the United States army, famed for having made the Panama canal habitable, visited Columbiana, and after an inspection oe conditions de- clared that for malaIial situation, the reservoir of the company was not re- sponsible. The prosecution of the cases
 was in charge of the local firm of Stal- lings, Nesmith, Hunt X Judge.
 Mir. Martins Statement 1 Thomas W. Martin, general counsel for the company made the following statement for The Age-H Herald yester-
 day:
 .srhe trial of the case of James Pear son against the Alabama Power com pany was entered upon at Columbiana 1 in the county court of Shelby county
 on last Monday March 29, and
 remained on trial until Friday after
 noon, April 2, Judge F. :. Ly-
 man presiding. The suit was one of
 some TOO of similar nature against
 the power company based on alleged
 malariai conditions growing out of the Lock 12 reservoir on the Coosa river i of the power company which was ! formed by d dam recently completed | by that company. The plaintiff claimed
 damages for injury to his health and I that of his family alleged to have been contracted from that reservoir and the | jury today returned verdict for the
 defendant after being out less than 80
 minutes
 | This is the second of the many cases of this character which has been tried
 at Columbiana both resulting in yer
 diets for the defendant company. 1 General GOrgas Inspects
 "In the course of the fast trial a number of doctors from the counties lsurrounding the reservoir testified That | the condition of the reservoir had noth- | ing to do with the malaria of the plain 1 tiff and other members of his family, and that it had nothing to do with the
 malaria alleged to be prevalent in many
 ,fI, far iac in, pf I Yn +h.p t-ni During the recent trial Gen. William c. Gorgas of the United States army went | to Columbiana personally to inspect the premises of plaintiff Pearson, as well
 as many other persons near the reser-
 voir of the power company, and he also testified in the case that the reservoir
 was in no way responsible for the sick
 ness of the plaintiff or the members of | his family, and in his testimony en- | tirely acquitted the company of any liability towards the plaintiff, as we'll as the various other parties who have suits against the power company of | similar nature.
 Several days ago the power com pany filed bill in equity in the chan cery court of Talladega county against the various parties who have brought similar suits to enjoin further trials of the suits upon the ground that they
 all involve the same question, namely, the right of the power company to con struct, operate and maintain the dam and pool of water. The application for | injunction was heard before Chancellor
 Whiteside at Birmingham. March 29 and 30, being argued at length ! by attorneys for both sides, and
 the chancellor today handed down his
 and directing an injunction against all | further trials to be issued"