[Newspaper]
Publication: The Muncie Daily Herald
Muncie, IN, United States
p. 1
THE CASE SETTLED.
C. H. Over and the L. E. & W. Are at
Peace Once More.
The Famous Damage Suit Instituted Some
Time Ago by Mr. Over Was Settled in
Judge Baker's Court at Indianapolis Yesterday.
After wrangling with the suit of Charles H. Over, of Muncie, against the L. E. & W. Railroad Company, in Judge Baker's court nearly all day yesterday, the attorneys got together and decided that it was not worth while to go further with the matter and the case was dismissed without prejudice, each side paying its own costs. The suit was for $50,000 damages, but involved $150,000 more in other cases that would have followed this if the result had been for the plaintiff. The case was fought by R. C. Bell, of Fort Wayne, counsel for the road, assisted by General Cockrum, of this city. The case grew out of the burning of the defendant's glass plant at Muncie. Fire started in Hemingray's plant and communicated to the Over factory. It was alleged that the origin of the fire was a spark from an L. E. & W. engine, hence the suit against the company.
Originally there were about twenty insurance companies with Mr. Over as plaintiffs, but they were stricken out by order of Judge Bake. The defense says it would be impossible for the wind to blow a spark from one of the company's engines to the site of the Hemingray factory and the same wind carry the fire on to the Over plant. Their locations were such, it is claimed, that the wind would have to blow in two opposite directions to do both. - Indianapolis Journal.
