83 F. 109 | U.S. Circuit Court for the Northern District of Illnois | 1897
On the evening of the 8th of January, 1894, a little before 6 o’clock, a fire of incendiary origin broke out on the grounds'occupied by the buildings of the World’s Columbian Exposition. When the fire department reached the scene, the fire had already taken hold of the Agricultural Building, the Casino Building, and was threatening the Peristyle and the Music Hall. All of these buildings, except the Agricultural Building, ultimately succumbed. The exhibits installed by the plaintiffs were still on the main floor of the Manufactures Building, a little ways north of these burning buildings. Immediately above them, on the main roof of the Manufactures Building, was a wooden walk, put there for promenading purposes, that entirely encompassed the central portion of the building. Some time about 8 o’clock, the wind changing to the south, sparks and burning brands were carried from the burning buildings to the roof of the Manufactures Building, igniting these wooden walks. Burning planks and sticks from these fell down among the plaintiffs’ exhibits, greatly damaging them, and immediately causing the injuries complained of.
Nearly all the buildings, including the Manufactures Building, put up by the defendant to house the exhibits of the World’s Columbian Exposition, were constructed with framework of iron, and with inclosing w'alls of glass, and wood, covered by staff. They thus presented an appearance of great solidity, but were, in fact, easily open to an titack by fire at places where the staff had fallen off. They were, ■ever, during the period of the Fair, kept in thoroughly good repair, '■'h attention to repairs, however, was not the only precaution W management of the exposition to ward off the dangers of ■'epartment of eight companies, six of which were organ'osition Company itself, was constantly upon the A extinguishers were placed plentifully throughout
Under the statute granting the use of Jackson Park, the Exposition Company was compelled to surrender the control of the grounds, except the inside of the buildings remaining, January 1, 1894. Accordingly, on that date, the grounds were; thrown open. Nearly all the guards were withdrawn, and the six lire companies organized by the Exposition Company were disbanded, leaving only the city companies, the nearest of which was at the Sixty-Second street entrance, —more than one-half mile away from the group of buildings burned on the night of the 8th. Some JBabcock fire extinguishers remained — ■ perhaps 100 — in the Manufactures Building. The Worthington pumps had been dismantled, thereby leaving the standpipe which led to the top of the Manufactures Building without water. The staff on the buildings was no longer kept in repair, and tramps and vagrants nested within their walls. A fire, under these circumstances, — a fire widely exi ended, — was not only probable, but almost certain. The Manufactures Building was kept closed, and under guard, and would unquestionably, on tbe night of the 8th, have escaped all daugers from its burning neighbors, if the wood walks on the roof of the building could have been protected by water soakings. The building suffered at no other point. The damage was caused solely by sparks and firebrands falling upon these wooden walks. The fire companies at hand did all, probably, that reasonable firemen, under the excitement of,the contest, could have done to extinguish the flames, once they were; started. The companies had abundant work with the other buildings, and even when they turned to the walks on the Manufactures Building had great difficulty in reaching their high altitude. Indeed, before they could effectually reach them, the walks had so far burned that the damage from the droppings was already caused. One thing alone could and would have saved the French exhibits, namely, the soaking of these walks with water, by means of the standpipe, from the moment the fire broke out in the other buildings. Had water stood in this pipe, under the pressure furnished by the Worthington pumps, or even under such pressure as could have been imparted by a lire
What was the duty of the management of the Exposition in this respect? The president of the United States had invited the nations of the earth to take part in commemorating the discovery of America by bringing such exhibits to the Exposition as would fitly and fully illustrate their resources, their industries, and their progress in-intelligence and civilization. Subsequently, the director general promulgated certain general regulations, in which it was announced that the Exposition would take precautions for the safe preservation of all objects in the Exposition, but would in no way be responsible for damage or loss of any kind, by accident or other cause, however originating. The chief of the department of foreign affairs, in connection with the director general, also issued a circular directed to foreign exhibitors, in which a like exemption from liability for loss was stated, but accompanied with a note announcing that a thoroughly equipped fire department would protect the buildings and the exhibits, and a large police force would maintain order.
The first question is, what effect is to be given to these immunity clauses? Were the Exposition a common carrier or a warehouseman, such an effort to exempt itself from liability would not, under the best line of adjudications, be extended to injuries resulting from its own positive negligence. Public policy forbids giving effect to stipulations against liability for injuries resulting from want of ordinary care. Cooley, Torts, § 685, and cases cited in note. The law will not permit a party to obtain pardon or immunity, even by contract, anterior to the doing of the culpable act. A policy so emasculated would deliberately encourage recklessness. The legal relationship between the Exposition and its exhibitors is not, of course, that of common carrier or Warehouseman. No legal relationship, hitherto judicially defined, exactly applies to the parties now before the court. The proffer and acceptance of the exhibits constitute, unquestionably, some character of bailment; but the rules relating to bailments, such as the varying degrees of care required of bailees for hire, bailees for accommodation of bailor, and bailees for mutual advantage, do not, satisfactorily to one’s sense of the fitness of things, exactly point out the laW applicable to the case under consideration. The relation is in many respects different in character, and in the just expectations entertained by mankind, from the ordinary private transactions that constitute the usual bailment. The Exposition was itself no ordinary event.. It was intended to bring together the nations of the earth, that they might set forth, within a space compassable by ordinary human understanding, all that the industry, the fertility, and the genius of the globe has produced. It was a minature re-enactment, in a single park, of all the best things doing around the girdle of the earth. It was the summing up in panorama of the history of mankind in every field of useful endeavor up to the present time. It was
7 ais brings me to the next question: Did the duty of fireproofing thif building, as a protection to these plaintiffs, continue to the 8th of anuary, 1894? The answer to this question resides in the effect to 1 ie given to two sets of facts submitted in the evidence. The rules am, regulations promulgated by the director general and the custom off cers made it the duty of foreign exhibitors to deliver the original ca. es, upon the unpacking of their exhibits for installation, properly me :'ked by serial numbers, to a bonded warehouse of the Exposition, wi. h. the view of repacking such exhibits, at the close of the Exposition, in their original cases. A bonded warehouse within the in-do: ure of the parjr was provided by the Exposition Company for that purpose, and the plaintiffs, along with other exhibitors, delivered to this warehouse the empty cases, taking receipts therefor. There is no d >ubt that at the close of the Fair there was considerable confusion in i is warehouse, and that the plaintiffs were much- delayed in recen ng their boxes. Indeed, it is perfectly clear that many boxes wer never returned, and that the French wares, some of which were injur ?d in the fire, were packed in boxes especially built by carpenters ) ,ired for that purpose. The records of the custodian in charge of th warehouse indicate that no boxes were delivered to the French exhit tors after the 16th of December. But testimony, which I am .compelled to believe, shows that as late as January the French exhib itors were still engaged in repacking in new cases made especially for that purpose. I am satisfied that through some miscarriage of this feature of the Exposition’s arrangement, the plaintiffs
I hold that the Exposition was under legal obligation to maintain some arrangement by which the wooden walks at: the top of the Manufactures Building would be effectually fireproofed until these plain-lift's, under all the circumstances of the situation, had had a reasonable time to take out their exhibits. I hold also, that in the conditions relating to the boxing of the exhibits, and their transportation from the grounds, the plaintiffs had had, before the 8th of January, when the fire occurred, no reasonable opportunity to withdraw their exhibits. It follows from all these facts that the management of the Exposition was guilty of negligence in permitting, during the period in which the fire occurred, the fireproofing arrangements to lapse, and that this negligence is the immediate cause of the injury from which the plaintiffs have suffered.