xt70zp3vt865_208 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. Endicott, Samuel, administrator of the estate of Eddie Endicott, deceased, v. Weddington, Ballard and John and Lowe, Ireland and Miller's Creek Contracting Company text Endicott, Samuel, administrator of the estate of Eddie Endicott, deceased, v. Weddington, Ballard and John and Lowe, Ireland and Miller's Creek Contracting Company 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_21/Folder_11/2368.pdf 1909-1910 1910 1909-1910 section false xt70zp3vt865_208 xt70zp3vt865 ‘_., ., .1 «0r
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said Cow Pen creek; and denies 4319.19 for thia pyrpose, or for
any purpose, this defendant had. unlawfully, illegally, without
right or at all caused ‘uhe suii trarnroad 1.1.; be canstructed in
an angle, or otherwise cansﬁructud, 3;; ::AL «121m: the can” started
it would run from the head of 33m; Pal: cr'efmk t1,- A branch tributary

 ... _ .. ‘.
thereof, called the mouth of Frown ”traw.

It denies suffiuiont knowledge or information upon
‘mhich 1) form a belief whetnur said Lramroud was rcgligentiy
constructed in that the grade wae 20o steep, or the curves two
sharp, or no elevation in the gala tramruaﬁ at any point between
the head of vaid Cow Pen creek and the mouth of Broom ﬁtraw which
would atop the moving force of said trucks loaded or unloaded;
or whether :he said trucks were unsafe, inaufficiext, inseeure

" or negligently cunetrcuted in the matter uf the wheels or the
coupling, or otherwiae, or especially that the eime was not pro-
vided with a sufficient brake or brake~5hoe or lever to enibla
a pereon conducting the 3aid ﬁrusks when loaded to central the
speed of i 9 same.

It denies aufficiens knowledge or information upon
which to fonu a belief whether, grief to the létw day of Septem-
ber, 1909, the decedent, Eddie Eniicott, Was a la; of twenty
years of age, or inexperienced or without sufficienﬁ atrsngth
or experience to operate a loaded truck neon aaid tramruad, but

mam [xx-$4.16; 544.,1707,
it deﬁiea that at said timeﬂhe was employed by thie defendant to
assist in prosecutiﬁg its alleged work in hauling and delivering
0*“: 0M7 «CE, W
said timber, ana denies that the eai¢ Eddie Endicuti, by this
defendant, its agents, servants or employee, or at erwise, was
placed on board of of defendant’s trucks, or a heavily loaded
10 ded
truck with a heavy oak lag f¢§2¢ﬁéd thereon and fastened with
graba, or was required by this defendant, iie agents, sewvants
or employea, to get aboara or upon the said loaned trucks GT i0
ride the same from the head uf Cow Pen creek i0 the mouth of
Broom Straw branch, or elsewhere.

It denies sufficient knowledge or information to

form a belief whether between the points above named, or after the
. 2

 .aiy . - '.‘

said loaded trucks had started and were in moiion, or &n ﬁhn 14th

day 9f Geytember, 190%, 0r other time, the Said loaded irucka

nped dawn the mountain with such m07ing force that the ﬂuid Eddie

Endicott wag Hamlin to conﬁrol ﬁle speed a? ﬁhw mavcmeut of tke

aaid trucks, or at a point on the said tramroad near the house

of John Ratliff there Was a curve in the said tram?oad, U? which

caused the hind wheels to jump the track HT because thereof the

other wheels also left tﬁe track, or the deceaend, Eddie Ebdicott,
' was thrown by the farce of the sneedaﬁe of said trucks in front

of the wheels.

It denies Bufficient knowledge or information ac furm
a belief whether the aaid tramroad, a? the paint whrre it ﬂat
said curve, was negligently constructed, inaecvra or unsafe; or
that the amtside rails wera lower than the railn an the surve;
but it denies that the injury aistained by the decedent, Eddie
Endicott, waa caused by the gorﬁe, or any, negligenca of this
defendant, its agents, servants or employea; and ﬁenies that
this defendant should haye furnished the dEcedant a safe ylace to
work, bat unlawfully, carelessly, negligently or at all failwd ﬁo
do so, or becau&e thereof, at of any ether act of thig defendant,
the deceased, Eddie Endicott, lost hiﬁ life.

It daniea sufficient knowludge 9r infurmaticn t0
form a belief whether at tﬁe ﬂing and before thu injury complain-
ad of, the aaid Eadie Endiomtt was in good health or able 30
labor, ax to command a salayy or compenaation for hia said labor
of $1.50 per day.

It deniuz that because of tFa alleged grosa, or any,
negligenco of this defnnda t or the death of the said Eddie
Endicott, he, the said Eddie Endicott, and his estate, or either,

3

 WV .
have been damaged in the sum of ten thousand dollars ($102000.00} or
otner sum,
Par. l1.~ Further answering herein, the defendant says there
is always more or less danger in the character and kind of labor being
performed by plaintiff's intestate at the time he received the inJurics
complained of in the petition herein, chat at said time he has engigcd
in the work of hauling sew logs on crucxs over a cram—road , them he had
equal, if not superior, knowledge of the dangers incident to such work;
that he assumed the risk incident thereto; and that by reason thereof
his administrator and estate are barred and estoppcd from recovering
thereon.
Par. III.- Further answering herein, the defendant says that
’\ ﬁat for the carelessness and negligence of plaintiff's intestate the
accident complained of would not hove occurcd and al; injuries cumylaiued
of would not have been received; that the accident, in which and by which -
plaintifi's said intestate, and at for sucn carelessness and negligence
on his part no injury could or would have bsiallen him.

Per. IV.- The Defendant Millers Creek Contracting Company, for V
further answer and defense herein says; it had nothing to do whatever
with the alleged constracniog or hauling saw logs from the land situated
on Millers Creek, Pike County Kentucky, on to or dove ch~peu Creek,

Pike County, Kentucky, to the Big Sandy River; it says it let the con»
tract of hauling saw logs or timber to its co defendeat Ireland lows,

and had nothing whatchr to do with the construction or Operation of the
trsmnroad, or hauling of the logs upon trucxs when the said alleged in-
gury occured to the plaintiff, or at any other time; it seys that the
said Ireland Lowe, undertook to haul said logs on the land situated on
Millers Creek, Pike County, Kentucky, and on to, and cox“ Pow-yen frock
Pike County, Ky., to the Big Band; Liver. This defendanz had Lacking to
do with the hireling of the hence or the conducting of the Easiness, had
simply agreed to pay its 00 defendant Ireland Love a certain sum tor ~ ~
cube for the delivery of the saw logs to the Big Sandy River from Millers
Creek to said River. The said defendant Ireland Lowe is and was an inde-
pendent contractor having full charge of the construction, Operation end

 maintenance of the said trmmwway and the $m§loyment, pmymenﬁ and éis-
charge of ¢ll haudﬁ in the operation of th% said job of delivering aziﬁ
timber or aav 103i to the Big 8&ndy River, and by reason theraof; ihat
liability if any exist for injury comylajued of in tha petitien, rents
solaly and exclusively with its co defendant Ireland Lowe.

Wherefore, defendant Millers Creek Contracting Company, prays that
the petiiiog of plaintiff be dismissed as to it; for ita cont herein
expended; and far all apprOpriute relief.

' / /

, / Q /

. -‘ ' . Attarneyu for Defendant
‘ “* Fillers Crack Contract—

‘ 1 ,ing Ccmpary.

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