Ferdinando Avedano vs City of St. Louis Law Suit 1901

Clipped from US, New York, New York, New York Times, November 23, 1901

TENOR AVEDANO SUES THE CITY OF ST. LOUIS..Special to The JVVa York Times.ST. LOUIS, Nov. 22.-Because the throat and lungs of Ferdinando Avedano, leading tenor for the Southwell Opera Company, were so irritated and injured by St. Louis smoke that he was unable to sing his part in the opening performance of “ La Gio-conda,” the City of St. Louis and Charles H. Jones, Chief Smoke Inspector, are sued in a mandamus proceeding asking that they be compelled to abate the smoke nuisance forthwith. Charles M. Southwell and John C. Jannopoulo, owners of the opera company, directed Attorney Sheridan Webster to bring suit.The petition avers that Signor Avedano was walking along Olive Street about r o’clock on the afternoon of Nov. 18, the day the opera was to open in Music Hall, and “ he became enveloped in a dense cloud of foul black smoke which had issued from the chimnev or smokestack of the Imperial Electric Light, Heat and Power Company's building or establishment, at Tenth and St. Charles Streets, and from other smokestacks, c The Smoke Inspector is charged in the petition with recklessly and negligently permitting the said discharge of said nuisance.”Attorney Webster says: “Just at present we are not seeking to recover money damages, though both the Southwell Opera Company and Signor Avedano have good cause for action on that line, the one because of pecuniary loss in the absence of a chief singer from an important engagement, and the other because of physical Injury.