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refuse material had been placed and burned as aforesaid. Said pit being
about two feet deep and along by the side of the pit was a by-path lead-
ing from the aforesaid road to the river, which by-path was frequently
traveled by the citizens of said city residing in the neighborhood of
said place of burning and other surrounding streets.

On said day 22d day of June said Hollis Dortch fell into said pit which
was covered over with ashes and appeared to be harmless, but as a
matter of fact underneath the ashes was a large bed of live coals being
the product of said trash and other matter burned in said pit, and
said Mary T. Dortch hearing the cries of her sister attempted to rescue
her from the burning coals concealed by ashes aforesaid, and became
herself burned by said coals of fire. Said Hollis Dortch on account of
said burns and as a result of same died on the 23d day of June 1901, and
said Mary T. Dortch on account of the injuries received by said coals
of fire and burns died on the 7th day of July 1901.

Said trash and other refuse matter as beforesaid have been con-
tinuously hauled and dumped and burned almost daily at said place for a
period of more than one year, all of which was known to said city and
its sanitary officers and other officers of said city of Fort Worth in-
cluding the sanitary board or board of health and the Marshall of said
city. That said nuisance was permitted and encouraged by said city. Said
R. E. Dortch and Ada L. Dortch claimants for damage cannot more fully
state as to the manner of carrying said trash and other matter to said
place and burning the same, nor the names of the persons who so carried and
burned same but all the facts constituting such nuisance are fully known
to said city of Fort Worth through its sanitary board and sanitary
officers, city Marshall and other officers charged with the duties of
preventing nuisances in said City.

On account of said injuries said claimants have sustained damages
from the death of their said children by loss of services and other
damages allowed by law on account of injuries resulting in death to the
extent of five thousand dollars for each of said deaths and therefore
claim of said city the sum total of ten thousand dollars as aforesaid
as damages.