The review. [volume] (High Point, N.C.) 1908-19??, 1916-08-10


Annie E. Mitchell has brought suit
against the proprietors and owners
Eof the NELL hotel for. $50 600 IN
damages.
The complaint in the case was
filed Thursday afternoon. the attor-
neys being Walter. S. Royal of High
Point; John A. fBarringer, of Green's
boro, and Leroy B. Wall, of Winston,
| = The statement that L. E. Mitchell
lost his life on March 81 intlse NELL
hotel fire at Winston was generally
accepted here in High Point, where
he had lived and worked off and on
for many years, but 1t may not
be SO easy for Mrs. Mitchell to prove
that act in her law suit.
The suit is entitled Annie E.
Mitchell. administrative of the es-
tate of L. E Mitchell, against E. 6.
Chatham and wife, w. II ClinaTd,
Mrs. A. C. Hill and &C. Hill. The
Galatians are alleged to have been
the owners of the Neill hotel proper
~ and to have leased the second
and third stories to Clinard- and
Mrs. Hill for the purpose of running
the hotel Mr. Hill is said to be
liable jointly with his wife.
After going through the necessary
formula, the compliments fourth
and fifth allegations, which are in.
teresting on account of their novel
ty, give what the plaintiff contends
as the cause of action. In full these
allegations are:
That the defendants, w. II. Gil
nard and Mrs. A. C. Hill, who are
the lesses of the said hotel, put the
stove in the kitchen so close to the,
wooden wall on the. said structure
or building that the same was liable
to catch at any time and permitted
to be and remain in the kitchen of
the said hotel, gasoline and inflama
BILE oils and material of different
kinds and the same were in the
said kitchen, at the time of the said
fire; that the defendants, Clinard
and Mrs A.--C. Hill, did not furnish
bells in the different rooms of the
said hotel SO that the guests in the
aid hotel might be notified of the
building being ON fire at any time.
such bells being in general use and
approved over the country; that the
defendants Chatham and his wife
had the said hotel calelessly and
negligently constructed so that there
was an opening in the middle of the.
same from the second and third
floors which apparently was useless
and above the said opening sky
lights in the roof of the said build
ing which would act as draft for
the flames of the fire that might
catch on the second floor and there
by be carried up in the third floor
and from smoke that might come
from fire On the second floor and
cause the same to accumulate in
great. volume in a suffocating guam
tlty on the third floor and at the
time of the fire the defendants did
not. furnish a Waterman aud there
by the plaintiff was endamaged as
herein alleged.
That the death of the intestate
of the plaintiff was caused: without
fault on his part and by the wrong
full act and neglect of the defendants
and each of them; in that the de-
PENDANTS Chatham and wife so
constructed the hotel that they left
an opening from the second and
third floor with skylight above which
was continually open so that any
fire that might begin in the second
story would be carried by the air
il gieat rapidity aud with whatever
volume it might accumulate; with
the smoke into tie third floor; in
that defendant Gina d and Mrs. 4
G Hill use d the said building after
it was constructed; well knowing
that such danger existed therein; in
that, the defendants Clnard and Mrs
A. c. Hill, lesSes of the Chatham
and his wife of the said building
placed the stoves and fire in the
kitchen so near to the wall that the |
sane set fire to the wall and the in
famable substance aforesaid, i'm the i
said kitchen and thereby caused the
building to burn up; in that the de-
PENDANTS Ciinard and Mrs A. c..
Hill. lesses Of the defendants III. C.
Chatham and wife, owners of the
said building, failed to furnish bells
in each room in the said hotel and
in the room of the intestate of the
plaintiff connected with the office
On, the second floor Of the said no.
tel so that an alarm OF warning
might be given to any guests in the |