xt70zp3vt865_148 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Allen, M.M. v. Ligon and Sherrard Construction Company et al text Allen, M.M. v. Ligon and Sherrard Construction Company et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_18/Folder_2/0002.pdf 1913 1913 1913 section false xt70zp3vt865_148 xt70zp3vt865 y) '7 : rt-jw " , ' >__",,,, ' 1 " ‘ ' ' I’-, W W W .7 ,.,,W . _VWI‘
3
\' - ' '
‘ FLOYD CIRCUIT COURT '
f I M. m. ALLEN, ‘ PLAINTIFF,
I . \ .
AGAINST CARBON COPY TRANSCRIPT '
LlGON-SHERRARD CONSTRUCTION
COMPANY, ETC.,‘ DEFENDANTS.
ii 1
ii CLERK‘S FEES FUR THlS CARBON COPY,
I '
y; , $9 .72

 O O i O
\
IMDEX.
Petition ' l
Summons 7
Return on Summons 7
Amended Petition 8 '
Summons on Amended Petition 9
Return on Summons lO
Summons to Boyd County on Petition 10
Return on Boyd County Summons 11
Order Filing Motion to Qussh Summons 11
Motion to Quash Summons 12
Copy of Summons Filed with motion to Qussh l3
‘ Order Filing Demurrsr 14
Order Sustaining Motion to Quash Summons 15
Alias Summons to Boyd County 13
Return on Summons 16
Order Filing Dopurrer 13
Demurrsr to Petition ‘ 17
Order Filing Affidavit;‘Continuin5 Cause;
Judgment for Costs, Etc., 17
Affidsvit of C. Y. Ligon 1t.-
Affidavit of H. S. Yost 20
Order Filing Motion to Paragraph Peti-

- tion; Sustaining Sans, Etc., 21
Motion to Paragraph Petition 21 ‘
Order Filing Notion to Strike; Over—

ruling Same, Etc., 22
Motion to Strike 23
Order Filing Demurrer to Petition; Amended

Petition; overruling same, Etc., 24

 Demurrer to Petition and Amended Petition 24
Order F:i.l.‘I.n-;,r Motion to Strike; Overruling

Same, Etc., 25
Motion to Strike 26
Order Diemissing as to C. & 0. By. Co. 27
fiction to Elect 27
Separate Answer of Elk Horn & Beaver Val-

ley Railway Company 23
Order Filing Answer of Ligon-Sherrard Con—

struction Company 35
Answer of LigonLSherrard Construction ,

Campany 36
Order Filing Amended Answer of Ligon-

Sherrard Construction Company; tra- ‘

versing Same 45
Amended Answer of Ligon-Sherrard Con—

struction Company 47
Order Filing Motion to Strike from Answer

of Ligon-Sherrard Construction Company 50 .
fiction to Strike 51
Demurrer to Answer of Ligon-Sherrard Con-

struction Company 52
Order Filing Reply to Answer of Linen-

Sherard Construction Company 53
Reply to Answer of Ligon-Sherrard Construc-

tion Campany 54
Order Filing motion for Continuance; Filing

Affidavit; Continuing Cause, Etc., 58
Motion to Continue 59 '
Affidavit of C. Y. Ligon and J. H. Sherrard 60
Order Continuing Cause 67
Order Filing Reply to Answer of Elk Horn &

_ Beaver Valley Railway Company; Travers—

ing Same, Etc., 67

Reply 68

 . Order Filing Affidavit for Continuance;
Continuing Cause; Judgment for Costs 72
Affidavit of C. Y. Ligon 72
Adoption of Affidavit for Continuance
by Elkhorn & BeaVer Valley Railway
Company 79'
Order overruling Demurrer to Answer;
Overruling Motion to Elect; Impen—
sling Jury; Filing Motions to Direct
a Verdict; Overruling Same; Prooe d— /
- ings of trial, Etc., to
Motion of Elkhorn & Beaver Valley Railway .
' Company to Direct a Verdict U2
fiction of Ligon-Sherrard Construction
“ Company to Direct a Verdict 82
I Order Filing Deeds, Map, Contract, Etc., 83
Deed--Helen Gearheart ac. to Elkhorn &
Beaver Valley Railway Company 84
Deed-~Claude Stephens, Special Commis-
. sioner of the Floyd County Court, to . _ ‘
_ Elkhorn & Beaver Valley Railway Co. 93
Map of Right—of-way frOm Helen Gearheart
to Elkhorn & Beaver Valley Railway Co. 92
Specifications for Building Elkhorn &
Beaver Valley Railway Company 98
Contract for Building Railway-—Elkhorn &
Beaver Valley Railway Company to C. D.
Langhorne Construction Company 123
Order Proceeding with Trial; Filing Eo-
tions to Direct a Verdict; Overruling
Same; Verdict of the Jury, Etc., 135
‘ Motion of Elkhorn & Beaver Valley Railway
Company to Direct a Verdict ‘ 137
notion of Ligon-Sherrard Construction Com-
pany to Direct a Verdict 137
Instructions 138
Judgment 141

 O O O
I Order Filing Separate Motion and Grounds

for New Trial by Elkhorn & Beaver Val—

ley Railway Company 142
Motion for New Trial 143
Grounds for New Trial 143
Order Overruling Motion and Grounds l¢5
Order Filing Separate Motion and Grounds

for New Trial by Ligon-Sherrard Gon-

struction Company 146
Motion for New Trial 146
Grounds for New Trial 14?
Order Overruling Motion and Grounds 149
Hrder Granting Time to Prepare and File

Bill of Exceptions 149
Order Tendering hill of Excentlons 15o
order filing bill of_£xcentions 151

BILL OF EXOBPI’lONo. \

Index to Bill of Exceptions . > 152
Appearances ~ 154
Jury '154
Testimony of K. E. Allen ‘ 155 . 1
Check,-- C. Y. Ligon to M. n. Allen 174
Testimony of James Lucas 186
Testimony of Jes Bailey ' 201
Testimony of John Prater 210’
Testimony of Lhther Allen 214
Motion of Ligon-Sherradd Construction

Company to Direct a Verdict ' 2P4
Lotion of Elk Horn and Seaver Valley_ ‘

Railway Company to Direct a Verdict 224

 Testimony of C. Y. Ligon 2;S
Testimony of C. L. Allen 246
Deed,-- Helen Gearheart, 1tc., to ilk
Horn m Beaver Valley Ry. do. 24o
Deed,-~ Claude Stepngne, Special Com'r,
to Elk Horn & BeaVGr Valley
Railway Company 225
Contract and opecificacions of 21k .orn
and deaver Valle; Hallway - $63
oontraot,--Emk Morn a beaver Valley Reil- ~
way Co. to C. D. Langhorne Con-
suruction Company 20?
_ :estimony of C. Y. Ligon, (leoallefi) 313
Testimony of J. M. Morris 33;
- Deed,--Gibson Coal and Coxe Company to
Elk Horn and Beaver Valley Hallo
way Company 315
Deed,~-Beaver Creek Consolidated Coal
Company to ilkhorn and Weaver
' Valley iailway Company 324
Deed,--fiehen Gearheart, Etc., to Beaver
Creek Coal and Coke Comoany 349
Deed,--Gibson Coal and Coke Company to
31k Horn and Beaver Valley Rail-
way Company 363
Testimony of E. M. Allen (Rebuttal) 377
Motion of Ligon-Sherrard Construction Com— ‘
pany to Direct a Verdict 37o
fiction of 31k Horn and jeaver Valley Rail-
way Company to Direct a Verdict 379
Instructions 300
Instruction offered by Plaintiff 382
Verdict of the jury 303
Grounds of Ligon—Sherrard Construction Com- ,
pany for New Trial 3E4

 Lotion of Ligon-p‘herrard \onsi..ruction Com—
pany “for New Trial 3n?"
{Eruumie at 7,311: :iorn and, gee-3191* ’=J'e.lley Rail-
'\ . , v. ,‘ ~ ’,f
. way Loznnauy for New l‘riel 3:90
in t1 on of Lflk Horn and ”Beaver Valley unil-
wany Company for .‘few ”aria;
_ mule": kxlergging Line to i"z_‘e,;)z»-.r-'s ami file
1211i 0"? ’-;xcentione 3w";
Jud-gt.th 3..»;
Cet‘zl filtrate of U'f‘flclsll n;re.'u;;,;r:-i03‘aer 7,)
(AC he'd Hi {i j 1’ 3
Clerk's Certificate . 3;;4
Supersedeas Bond 393-a
' Supersedeas 393-1)

 ' O O O
FLOYD ClRCUIT COURT
M. H. mm, PLAIE‘i’i‘IFF,
AGAINST PETITICKa
' LIGON & SHERRARD Ca-Iz’S’i’RUCTIOES
COMPANY, A PARTRBBSHIP COMPOSED
OF C. Y. LIGOU AND HOLMES SBERé
BARB: ELK HORH AND BEAVER VALLEY
RAILWAY COMPANY, A CORPORATION,
AND CHESAPEAKE & OHIO RAILWAY
COhPAHY, A CORPORATION, DEFELDA'TS.

The plaintiff, k. i. Allen, states that he is, and
was at the time of the wrongs and injuries herein co;-
plained of, a citizen and resident of Floyd County, he:-
tucky; that the defendant, Ligon and Sherrard Construc-
tion Company, is a co-partnership composel of C. Y. Li:—
on and Holmes Sherrard, and was at the time of the com- 3 ‘
mission of the wrongs and injuriea hereinafter complain—
ed of engaged as contractors of its cc-defendants in
constructing a line of railroad up Beaver Creek, in
Floyd County, Kentucky.

The defendant, Elkhorn and Beaver Valley Railway
Company, is a corporatiOn, Organized under and in pur—
suance to the laws of the State of Kentucky, and is em~
powered to sue and be sued, co tract and be contracted
with, and plead and be impleaded in its corpcrate name.
'ELKHORH & BEAVER VALLEY RKILWAY COEPATY.”

, The defendant, Chesapeake & Ohio Railway Company,
. - 1 - V

 O O 0
is a corporation, organized and existing in pursuance '
' to the laws of the State of Virginia, and as such is a;-
powered to sue and be sued, contract and be contracted
with, and plead and be impleaded in itscoqurate name,
CHESAPEAKE & OHIO RAILWAY COEPAHY.
_ That during the year 1913, and particularly dur‘
ing the time beginning April 30, 1913 and ending about
December 15. 1913, and within oneyear next before the
filing of this suit, the defendangs, Ligon and Sherrard
. Construction Company, C. Y. Ligon and Rolmes Sherrard,
Elkhorn and Beaver Valley fiailway Company and Chesa-
peake and Ohio Railway Company, were jointly engaged in
constructing a line of railroad from the mouth of Beav-
er Creek beyond the place of residence of this plain-
tiff. ‘
That near where plaintiff then and now lives the ' ‘
defendants were engaged in conscructing a tunnel through ‘
the mountain, entering the side of said mountain a short
V distance from plaintiff's house. That the defendants
' unlawfully, wrongfully and by gross carelessness and
negligence placed large and unnecessary amounts of-
dynanite, Judson powder and other high-power explosives
to this plaintiff unknown in the rock and hillside in
the opening of said tunnel, and caused the same to he
exploded, by means of which unlawful and wrongful acts
of the defendants and their carelessness and negligence,
large stones, dirt and other deadly and dangerous mis—
' sles were blown off and from said tunnel and right-of-
- 2-

 O O 0

way of the defendants, Elkhorn and Beaver Valley Rail-

way Company and Chesapeake & Ohio Railway Company, into

and upon the residence and place of abode of this plain-
tiff, greatly injuring said house and residence, in

that they tore off the greater portion of the roof of

one side of said building, burstingout the windows,
weakening and greatly impairing the walls and main

structure of the said building, and broke up and in-

jured the household goods and furniture of this plain-

tiff. _

PAR. NO. 2.
I That defendang unlawfully, wrongfully and with-

out right or authority from plaintiff trespassed and

entered upon his growing craps in his garden, and dump- ‘
ed and stored large amounts of rock, dirt and other

_ debris thereon. completely covering up, anihilating

and destroying the said gardénnand growing crops.
I That during said time of constructing said road

bed and tunnel aforesaid, the defendants, Ligon and

Sherrard Construction Company, Elkhorn and Beaver Val-

ley Railnay Company and Chesapeake & Ohio Railway Com-

pany, recklessly, carelessly and wantonly engaged in

such unnecessary, reckless and careless blasting and

throwing of large rocks and large and unusual quanti— I
ties of dirt and other dangerous and deadly misales

upon, in and about the residence and place of abode of

this plaintiff that it became impossible for him and

- 3- ‘

 O . O O
I his fanily to reside therein without great danger of
great bodily harm, and even to the endangering of the
life and safety of the person of this plaintiff and
his family. That on various and divers occasions,
both day and night, the defendants unlawfully, wrong-
. fully and by their gross carelessness and negligence
aforesaid drove this plaintiff and his fanily,‘consiet-
' ing of himself, wife and seven children, fron their
home to a place of refuge beneath the roof and walls
of a barn located some distance away, where on various
and sundry occasions they were compelled to seek refuge
from the unnecessary, wrongful and dangerous throwing
of rocks, dirt and other debris in and about plaintiffxs
house, to his great annoyance and damage, which annoy-
ance was kept up and continued by the defendants for a
' period of several months, and to such an extent that it
greatly annoyed, terrorized and intimidated this plain-
tiff and his family, and caused him to suffer great men-
tal anguish and pain, and kept them in constant dread
and fear of death or great bodily harm, all to his great -
damage in the sum of $750.00.

Plaintiff says that he dies not know the identi-7
cal relation of either of the defendants to the other; '
that he is advised that the Ligon and Sherrard Construc-
tion -----—- is a co-partnership and a contracting a-
gent of eithef'that Elkhorn and Beaver Valley Railway

‘ Company or its co-defendant, Chesapeake a Ohio Railway
Company, one of which he alleges is true, but he does
- 4 -

 O O 0

not know which. That they should be required to an-
_ swer and interplead with each other and to disclose the
nature of relation which they sustain to each other.
WHEREFORE, this plaintiff prays that he recover
judgment against the defendants in the sum of $750.00
as damages to his property and as punitive damages for A
the injury, humiliation and annoyance to him, and for
all general and special relief; and of this he demands
a jury.
‘ LAY & RAY,
Attorneys for Plaintiff.
STATE OF KENTUCKY,
COUNTY OF FLOYD........
The affiant, H. M. Allen, says the statazents of

the foregoing peiition are true as he believes.

, 1. E. ALLJN.

Subscribed and sworn to before me by R. R. Allen,
the 22 day of December, 1913.

‘ CLAUDE STEPHGNS,
Notary Public, Floyd County, Ky.
Filed Dec. 23, 1913.
JIH H.,SPRADLIH, C.F.C.C.
BY B. C. MAY, 3.0.
-5- ‘

 O O 0
THE COMIONWEALTH OF KEHTUCKY, ‘
To THE; ceramics FLOYD scurry:

You are commanded to summon Ligon & Sherrard Con-
struction Company, C. Y. Ligon and Holmes Sherrard,
Elkhorn & Beaver Valley Railway Company & Chesapeake
& Ohio Railway Company to answer in ten days after the
service of this summons, a petition filed against them
in the Flbyd Circuit Court by l. M. Allen, and warn

‘ them that upon their failure to answer, the petition
will be taken for confessed, or they will be proceeded
against for contempt; and you will make due return of
this summons within ten days after the service thereof
to the clerk's office of said Court.

GIVEN under my hand as Clerk of said Court, this
24 day of Dec., 1913.

JIL-i H. SPIZADLIN, Clerk
_ ' BY B. C. MAY, D.C.
SHERIFF'S RETURN: "Executed Dec. 26th, 1913, on C. Y.
LigOn by delivering to him a copy of _ .
this summons; & exeCuted on Ligon &
Sherrard Co. by delivering to C. Y.
Liggn, one of the firm of Ligon a
Sherrard, a copy of this sumnons; and
executed Jany 3, 1913, on C. & 0. By.
_ Co. by delivering to W. T. Bradley,
. _7- -

 O O 0
agent for said 00.. a copy of this
summons.

- L. P. HAY, S.F.C."
FLOYD CIRCUIT COURT
M. M. ALLEH, PLAINTIFF,
AGAINST AEENDED PETITION
LIGON-SHERRARD CONSTRUCTION
COMPAEY, ETC., DYFEWDAVTS.

The plaintiff, M. L. Allen, by leave of Court and
before answer, amends his original,petition herein, and
for amendment states that he has learned since the fil-

. ing of the original petition that the defendant, Ligan-
Sherrard Construction Company is not a co-partnership,
but a corporation, organized and existing under and in
pursuance to the laws of the State of Kentucky; and he
new files this amendement correcting said erroneous al-
legation, and asks that process issue upon this amended
petition against the defendant, Ligon-Sherrard Construc-
tion Company, as a corporation. -

WHEREFORE, he prays as in the original petition,
Etc.

. -8-

 I,.-'AY a 1;in
. ‘ Attorneys for Plaintiff.
STATE OF ICEEITUCKY,
COUNTY OF FLOYD.

The affiant. M. m. Allen, says the statements of

the foregoing amended petition are true as he believes.
H. K. ALLAH.

Subscribed and sworn to before me by L. L. Allen

the 17 day of February, 1915.
MIL Q KER S ,
Examiner Floyd 00., Ky.
Filed Dec. 26, 1913.
JIM H. éSPRADLIE‘, 011:. ‘
THE COHRONWEALTH 0F KJKTUCKY,
To THE SHERIFF OF FLOYD COUNTY:

You are commanded tosummon Ligon-Sherrard Con~ .
struction Company to answer in ten days after the ser-
vice of this summons, an amended petition filed against
it in the Floyd Circuit Court by M. E. Allen, and warn

‘ it that upon its failure to answer, the amended peti-
tion will be taken for confessed, or it will be proceed-
‘ ...n-

 O O O .
ed against for contempt; and you will make due return
of this summons within ten days after the service
thereof to the Clerk's office of said Court. ‘
GIVEH under my hand as Clerk of said Court, this
26 day of Dec., 1913.
‘ JIV H. SPRADIIT, Clerk.

SHERIFF‘S RflTURN: ”Executed Dec. 27, 1913, on Ligon and

/ Sherrard Construction Cempeny by de-
livering to C. Y. Ligon, one of the
members of the firm of Ligon a bher-
rard Construction Co., a true copy ‘
of this sumnons.
' L. P. MAY, s.F.C." ‘
THfl COMEONWEALTH OF KfihTUCKY,

TO THJ SHJRIFF 0F BOYD CoUfirY:

You arecommanded to summon Ligon'& Sherrard Con-
struction Company, C. Y. Ligon, Holmes Sherrard, filkhorn
& Beaver Valley Railway Company and Chesapeake & Ohio
Railway Company to answer in ten days after the service

i of this summons, a petition filed against them in the
Floyd Circuit Court by h. M. Allen, and warn them that
upon their failure to answer, the petition will be tak-

-1 n-

 en for confessed, or they will he proceeded against for
contempt; and you will make due return of this summons
within ten days after the service thereof to the clerk's
office of said Court.
_GIVEK under my hand as Clerk of said Court, this
26 day of December, 1913.
' JIK H. SPRADLIH, Clerk.
; SHJRIFF'd RETURN: "Executed by delivering a true copy
. of the within summons to F. T. 3.
Wallace, agent Elkhorn & Beaver Val—
ley Hy. Co. 1/9,«"'1s.
J. E. GRIGER, 3.3.0.
BY TOE GALLAHWR, 3.3."
ORDSES. FLOYD CIRCUIT COURT.
FEBRUARY TERE, FiBRUARY 2ND, 1914.
m. m. ALLifl, PLAINTIFF,
AGAIfiST ORDJR
LIGOH & SHERRARD COH~ .
UERUCTION CO., ETC., DEFENDAETS.
Came this day the defendant, Elkhorn & Bearer
Valley Railway Company, and without enterbng its up-
' 11

 0 O 0
pearance herein, but specially reserving the same,
produced and filed motion to quash the summons herein
as to it upon the grounds set out in said motion; and
this cause is submitted on said motion to quash.

mom CIRCUIT COURT
5.. I; . ALLEN, PLAINTIFF ,
AGAINST MOTION
LIGON & SHERRARD CON-
STRUCTION 00., ETC., - DEFENDAETS.

The defendant, Elkhoru & Beaver Valley Railway
Company, not entering its appearance herein, but spe-
cially reserving the same, moves the court to quash
the process herein; issued and attempted to be served
on this defendant, and for cause assigns: That said
summons was addressed to the Sheriff of Boyd County,

. and commanded the defendant, Elkhorn & Beaver Valley _
Railway Company, to answer herein Within ten days af-
ter the service of the summons; ghat said Boyd County
is a different one from the county in which said action
is pending, and that said process is void on its face.

' The copy of said summons served on the agent for
712-

 O O . O
the service of process of this defendant is attached to
and as a part of this motion.
. ELKHORE & BEAVER VALLEY RAELWAY CO.
BY MARKING & HARRIES, Attorneys.
Filed Feby 2, 1914.
JIM H. SPRADLIN, C.F.C.C.
THE COMLOHWEALTH OF KEfiTUCKY,
To THE SHERIFF OF BOYD COUKTY:

You are commanded to summon Ligon & oherrard Con-
struction Company, C. Y. Ligon, Holmes Sherrard, Elk-
horn & Beavef Valley Railway Company and Chesapeake &
Ohio RaiIWay Company to answer in ten days after the
service of this summons, a petition inled against them
in the Floyd Circuit Court by H. M. Allen, and warn
them that upon their failure to answer, the petition
will be taken for confessed, or they will he proceeded
against for contempt; and you will make due return of I
this summons within ten days after the service thereof
to the Clerk's office of said Court, ‘

GIVEN under my hand, as Clerk of said Court, this
26 day of December, 1913.

I . JIM H. SPRADLIN, Clerk.
-13-

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 URDJRB. FLOYD CIRCUIT COURT.

19 .‘BHUEJKY $33331, F EBHUAJKY 29TH, 1914.

M. M. ALLEN, PLAINTlfifig
VS. _

LIGUN-SHERRARD CON-

S'L'RJCTIUH CO. &C., DEFEEEDA‘TLJ‘.

On motion to quash return on summons against 31k-
horn & Beaver Valley BY. 00.. said motion is sustained,
and return on the summons is quashed; and cause oontin-
ued with alias summons.

THECOHMONWEALTH OF KENTUCKY,
To THE SHERIFF 0F BOYD CQUNTY:

You are commanded to summon The Ligon & Sherrard
Construction Company, Elkhorn & Beaver Valley Railway
Cpmpany and Chesapeake & Ohio Railway Company to answer
in (20) twenty days after the service of this summons,
a petition filed against them in the Floyd Circuit Court
by h. h. Allen, and warn them that upon their failure
to answer, the petition will be taken for confessed,
or they will beproceeded against for contempt, and you
will make due return of this summons within twenty (20)
days after the service thereof to the clerk’s office

_1 :_.

 ’ of said Court.
Given under my hand as Clerk of said Court, this
3 day of March, 1914.
th H. SPRADLIX, Clerk
SHERIF?'D RETURN: "fixecuted by delivering a true copy
of the within summons to F. I. D.
Wallace, Ag't for Elkhorn & Beaver
?alley Ry. Co. 3-6-‘14.
J. 3. GUIGJR, 5.3.8."
ammo. FLOYD CIRCUIT CQUB'I.
LAY TERM. JUNE 10TH, 1914.
u. h. ALLEN, PLAINTIFF,
V 1V3:
LIGOfi-SflsRRARD COH-
oTHUCTIQN Co . e0 . , D, mmmmre .
Defendant, Elkhorn & Beaver Valley My. 00., pro-
duced and filed d&;urrer to the petition herein, and
the cause is-submitted on same.
-16-

 FLO'K’I) C ISICEIIT COW-22‘
L. IS. ALLEN, PLAINTIFF,
AGAIN ST DmLURR‘CR
LIGUE‘I-SH’IRRARD CONS. CO. €cC., BLESSED; "5:3.

The defendant, Eillzhoru 65 Beaver Valley Railway
Company, demurs to plaintiff's petition herein, and for
cause assigns: The same does not state facts 9.;-”ficient
to constitute or support a cause of action against this .
defendant herein. '

'.TLECBQTLTJ it: Bifzfia‘y’flii VAL}; ”‘1”1’ H", CO.
BY ‘3-{ARKIHS a; }{ARE‘:I~;'{3, Attorneys.
Filed June 10, 1914.
JIM H. SPRADLIIT, C.F.C.C.
ORDERS. FLOYD CIRCUIT CUURT.
uC'fuBSE-‘i $333433, OCTOBER 19TH, 1914.
:3. LC. All-7:12, PLAI'ITIFW,
VS- ’
LI 303' I -Si~LSPC-2ARD C 012) -
STRUCTIOI‘I CO. &:C., DLQF‘BEIDJ‘E'TEJ.
117

 O . O 0

Defendant filed affidavits and moved to continue
this cause. The Court sustained the motion and contin-
ued the cause for defendant; and it is adjudged plain—
tiff reciver from defendant, Ligon-Sherrard Construction
Co., all his costs herein expended at this term.
our; 0F mas-1‘ VREGINIA,
CcULTY OF MARlOn. .........$s.

- This affiant, C. Y. Ligon, says that he is decre- . _
tary and Iressurer of the Ligonesherrard Construction
Company, the defendant in an action now pending in the
Floyd Circuit Court, within and for Floyd County, Ken-
tucky, wherein h. n. Allen is plaintiff, and Ligon- .
Sherrard Construction Company is defendant; that this
affiant, as such officer and agent of said defendant
company, was active in all of its work in Floyd County,
kentucky, out of which this litigation has arisen; that
he alone is familiar with tho whole of the facts out of
which this litigation has arisen; that no other officer
or agent of said defendant company knows all of the
facts out of which this litigation has arisen; that no
other officer. agent or person knows the facts consti-
tuting the defendant Company‘s defense to said cause of
action; that this affiant is the only person, officer
or agent of said defendant Company who is familiar with
and knows all of the facts of the case; that no other

‘ -18-

 O ' O O
officer or agent of said company or person connected
therewith can make defense for the defendant company;
that hie personal attendance upon the trial of said

‘ cause is necessary to the presentation of defendant's
defense herein; and without his personal presence de-
fense can not be presented.

This affiant says that he is now at Fairmont; ~
flarion County, stt Virginia, and several hundrod miles
from Prestonsburg, Kentucky; that he is sick and unable
to attend upon the trill of said cause; that He is now,
and for some time has bee, under the care of a physician

.and is advised by said physician that he is threatened
with an attack of typhoid fever; that he can not safely

' travel the distance necessary to reach Preetonshurg at

this time; that he is now, and for some time has been,
receiving treat ent from a regular practicing physician,
who advises him that it would be dangerous to his health
and strenghhhfflrr him to attempt to travel to Prestono-
burg, Kentucky, from Fairmont, West Virginia; that the
distance from Fairmont, Went Virginia, to Frestonshurg,

‘ Kentucky, is 350 miles.

C. YANCHY LIGQN.

' Sworn to before me, this 14th day of October, 1914.
/‘ . my Commission expires November 14, 1914.
(3......3 ROLLO J. CONLZEY.
( SEAL
( ) Notary Public, marion County, 7. Va.
Filed Oct. 19, 1914.

JIE H. SPRADEig: Clerk.

 O O O _
3mm OF ".7451 VIRGINIA,
CUUHTY OF KARIUN...............SS.

This affia t, E. S. Yost, says that he is a regu-
lar practicing physician of thevstate of West Virginia;
that he is personally acquainted with C. Y. Ligon, of
the Ligon-Sherrard Construction Company, and Has known -
him for some time; that the said C. Y. Ligon has been
under the care of this affieot for some time; that he
is Sick, and this affaint has been attending upon him;
that he is threatened with an attack of typhoid fever;
that he is not able to travel from Fair4ont, Vest Virgin-
ia, to Prestpnsburg, Kentudky, at this time, and to un—
dertake to make said trip at this time would Subject
the said C. Y. Ligon to the dangers of losing his life.

II. S. Yo4'1", v.13.

Sworn to before me this October 14th, 1914.

My Commission expires November 9, 1919.
39101.10 5‘. COHEN,
(‘—.'.) Notary Public, harion County, W. Va.
2 4.11%.;
Filed Oct. 19, 1914.

‘ JIE H. SPRADLIH, Clerk. ‘

. -On- I

 ORDYRS. FLOYD CIPCUIT COURT.
FflBRUAHY T133, FEBRUARY 17Tfi, 1915.
L.. 1.1. ALLéii, PLAD"i‘lE‘i§=’, .
V . Oi’i'ill‘lit
LIGoN-eHERHAHD CON-
STRUCTEON COEPAUY, ETC., DEFBTDA Ts.
Came this day the defendant, Ligon-Sherrard Con—
‘ struction Company, and entered motion for an order of
Court to require the plaintiff to separate into pare—
grapha and separately number the different causes of
action attempted to be stated in his petition and amend—
ment thereto; and the Court,.upon consideration of said
motion, sustains the ease, to which ruling of the Court
the plaintiff excepte;.and thereupon cane-plaintiff and
paragraphed said petition. ’
?LOYD CIRCUIT COURT
a. n. ALLEH, PLAINTIFVS,
V. MOTION
LIGOH-SHEHHARD CONSTRUC-
TION CCKPAHY, £TC., DEFEMBALTé.

 Comes now the defewdamt, Ligon-Bherrard Construc-
tion Company, and moved the Court to enter an order
herein requiring the plaintiff to separate into pora~
graphs and separately numbe? the different causes of
action attempted to be stated in his petition on; the
amendment thereto; and upon failure so to do that amid
petition and amendment thereto be stricken foam the

. file.
J. C. Hofifll s,
Attorney for Ligon-Sherrard “0n9300.
Filed February 17, 1915.
SA}; POR'Il-t‘J-I, C .F .C . C .

ORDERS. FLOYD CIRCUIT COURT.

' FHBRUARY Tflfih, FEBRUARY 17TH, 1915.
E. .. ALLCH, PLAIfiTIFW,

XI. OFUJEQfi

LIGON-SHERRARD CONdTRUC—
T10: COLPAEY, ETC., DEFENDANTo.

Came this day, the defendant, Ligon-oherrard Con-
struction Company, and produced, which is oroered to be
filed, its written motion for an order of Court strik-

* ‘_"\"!_ ~ .

 * O O 0
ing the paper styled Amended Petition, attempted to be
filed December 26. 1915, from the files herein for the
reason egg that paper is not signed or verified; and
pending said motion ca.ethe plaintiff and ceased said
paper to be signed by attorney and verified in person;
and upon this being done said motion is overruled, to
thch the defendant, Ligon-fiherrard Construction Com-
pany, excepts.‘ '
FLOYD 01RCUIT COURT
M. M. ALLEN, PLAINTIFV,
V. MOTIOE ‘
LIGONeSH‘mRARD CON-
,STRUCTION CO., ETC.,' . DEFB DA TS.
Comes now the defendant, Ligon-Sherrard construc-
‘tion Company, and moves the Court to strike {rem the
file herein the paper styled "Amended Petition," at-
tempted to be filed herein December 25, 1913, because
said paper is not signed nor is it verified.
‘ J. 0. 3013151343,
I Attorney for Ligon-sher-
rard Construction Co.
Eiled February 17". 1915.
SAM PORTER, Cé§.C.C. .

 ORDERS. FLOYD CIRCUIT COURT.

FEBRUARY TT-ij, FEBRUARY 175.“;i, 1915.

J . 35.. MM}; ' PLAIVTIFE,
V . GIZDHYH

LI GO} ; -LSH&§R‘:-{ARD C OETSTRUC -

TIDE COMPANY, ?TC., ‘ DIE-‘fier'xlaTS.

This day came the defe'edant. Ligonnstaerrerd Con-
struotion Company, and produced, which is ordered to
be filed, its demurrer to the petition and the mnended
petition; and the Court upon consideration of said de-
murrer overruled the same, to which ruling 0d the Court
the Ligon-Sherrard Con. Co. excepts.

FLOYD CIRCUIT COURT
u. m. ALLEN, PLAIYTIFF,
V . 1331411167331
LIGON-SHERHARD CONSTRUC-
TION COMPAHY, ETC., DEFEHDANTS.

The defendant. Ligon-éherrerd Construction Com-
pany, demure to the petition of the plaintiff and the
amended petition attempted to be filed herein, and says

~94-’

 that said petition and the amended petition do not
state facts sufficient to constitute or support a cause
of action herein against it.
J. C. HOPYIIS,
/ Attorney for Ligon-Sher-

7 rerd Con. Co.
Filed February 17. 1915.

6.3530,. PK’JJETAI‘i, C .1“ n C QC 0
uRDins, FLOYD CIRCULT CCURC.
FEBRUARY TERM, FHBRUARY 17TH, 1915.
u. m. ALLEN, PLAIfiTIFF,

Vt} .. ORDER

LIGDh-bHMRRARD CONSERUCTION 00., DEFENDANTS.

The defendants. C. Y. Ligon and Holmes Snerrard,
having this day filed their written motion herein for
an order of Court strixing from the file herein the a-
mended petition attempted to be filed herein December
26, 1913, because the aame is not germane to the issues
herein; and the Court, upon consideration of said motion

A “V.‘ .

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