South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-01-03
$4,000 DAMAGES
ASKED IN SUITS
New Court Actions Growing
Out of Collapse of Build
ing Are Started.

Damage suits totaling $4,000 for
injuries suffered TO person and bust
ness and property. all resulting from
the collapse Of the building al ia
11s S. Michigan St, on the evening
OF Jan. ., 1914, have been filed in
circuit court. Most Of them are di-
rested against the Independent Five
and Ten Cent store. against whom a
judgment was returned last month
by a circuit court jury for 800
damages in favor of Long Mye, who
was suing for damages done his
business, restaurant and other prop
eTty.
Mye now sues for $4,000 more.
according 10 his complaint filed in
circuit court, this time the damages
being for personal injuries which
he charges he received with the col
lapse Of the building. lie alleges
that his nerves were wrecked so as
10 unfit him for business besides suf-
fering internal injuries.
Another angle to the case is the
complaint Of the Indenepdent Five
and Ten Cent store against Adolph
Heller. proprietor of Heller's fur
niture store. in which the former
asks $25. 600 damages against the
latter. The chief allegation made
IS that the removal of partitions
from the second and third floors Of
the adjoining building followed by
TIE storage Of % tons Of furniture
therein, caused the supports Of the
building TO give way.
Tore Away Partitions.
The complaint states that the
Shively building. constructed in
1875. was originally intended for
hotel purposes and for a great many
years was used as such. The Five
and Ten cent people further charge
that the construction of the build
ing was such that the ceilings Of
both the second and third floors
rested on the partitions Of the small
rooms and Railways. The complaint
adds that all partitions running east
and west and four partitions run
ming north and south, made by Mr.
Heller for storage purposes. was re-
sponsible for the collapse of the
building.
The chief items mentioned spe-
cihcally in the complaint for losses
suffered include $4,000 worth Of
merchandise stored in the basement,
trade fixtures valued at $4,000,
$4,000 for the new fronts upon the
store. and $4,000 given by the New
York corporation toward the re-
building of the store.
Wants $500 Damages.
John r. Mobile Co. asks $4,000
damages for injury TO his stock.
The defendants named are indie
pendent Five and Ten Cent store, D.
NJ. Shively. w. c.. Crabill, Hattie f.
Shively. Flora S. Beitner, Bernice S
Fulk. Albert r. Homer, Mary Homer,
Amelia s. Winkler, William c..
Winkler. Grace e. Homer. Emma H.
Sindlinger and William r. Homer.
Adolph Heller asks for $4,000
damages from Dudley NJ Shively
and others. The chief damage the
complaint sets out was sustained to
rugs. furniture and stock stored
away. The right Of a lessee to en-
joy the use Of ground and buildings
rested without interruption is made
the basis of Mr.. Heller's suit against
Mr.. Shively. lessor of the property.
Samuel NJ. and Samuel b. Robin
son ask damages Of $500 against the
Independent rive and Ten Cent
store for the loss Of books and other
property stored in a real estate Of
fee on the second floor of the build
ing
All in all II damage suits have
resulted from the collapse of this
building. Only one has been tried.
damages asked for in all the COM
plants will total nearly 100000.