xt70zp3vt865_298 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. Romesburg, Nicholas O. v. Chesapeake and Ohio Railway Company et al text Romesburg, Nicholas O. v. Chesapeake and Ohio Railway Company et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_27/Folder_8/8509.pdf 1914-1917 1917 1914-1917 section false xt70zp3vt865_298 xt70zp3vt865 Statement of L.Pickleseimer in regard to accident happening to In?
'. hick Homesburg on may llth 1914. '~:~
a ‘ Hr.Romesburg and Lr.4eaver and I were drOQping cars on Steele Creek 9_fl
3 _, line. hr.Romesburg was at the brake wheel on the front car which ' (I
J was empty. Front car was dropped to tram road crossing at itamper . f,
" Branch,something like three hundred feet from first standing position. g‘f
"‘ I started to drop car,loaded cer,which was loaded with doors for Z fl
”'i Stamoer branch job. It had a little up grade to start on,and Mr. _5L
: , Weaver and I started car by using pieces of 2x4's for bars,and i‘
' Mr.Weaver climbed on earn to put th: brake on.The track was down .
' = grade and car being loaded,and he saw that he could not hold car. ,3
“ He called to Mr.Romesburg telling him to watch out,he could not .;ifi
,‘ hold car. Mr.Romesburg being at wheel on his car started to draw ‘g’;
‘fi’ brakes as tight as he could. The loaded car,when it struck Mr. l“*g
:'_ Romesburg's csr,was goin at a speed b *een 8 d U mil per '5
x" hour. I tested braEe5_6ngEE5fiT7EErEhif§HEETE‘C%§TT:nd—I’:§F7fif V :j
3,: other car and tried brakes,and they were all right,as far as I fig:
t~ could learn,and I then let brakes off,so we could get the cars . fj?
i}: started over the grade which I previously mentioned. The empty qTff
g): car had been loaded with groceries for Mr.P.Davidson and was ififg
unloaded nay luth,l9le,3unday. In placing car of groceries they IQJ
’,I put the car of doors in such a shape that they could not unload 5;;
1» without dropping them down to where a team and wagon could get ‘gfif
v. _I to them. ”it:
' (Signed) E.ficklesehner. , II L
a. ~.’
3~§ Witness: L},_
1! 5. 171*",
‘1‘ . D.A.Christopher.
r ' “M5,:
,_ , ,
efl« ' ~

 ‘I I
' W
.
C &i§0 6588,B—en<1,DraW rod strikes brake stem.
1fo C & O 8516, A-end,chain on this car was too long and fouled in stirrupj‘évgfljfif
If C 8c 0 8516 is the car that run over I»ir.Bomesburg-
a; :‘Z'f’it .1333 “i ii",
/ ‘ ‘4
; D . C . Greefi. :5;S=:“‘«i§-gi, 3‘
Witness : ¥/ :l
_f 3 D.A.Chr‘istopher
.»'!“ State of Kentucky, 35‘3y'i‘;"‘"'i=f"-Til~i
County of Floyd, Set.
fi'p- Subsribed and sworn to before me by D.C.Greer this
a}! 20th day of 2'.Zay,l9l4..
3 My commission expires on the 10" day of February 1918.
Bascom C larke i; . '5}:
Notary ‘rublicfl‘loyd Co.Ky. m: I '1
_ , ,. '3 “3;:; ,V . egg-1:3 ”_‘p’

 Statement of J.C.Bailey,in regard to accident happening to,
it»; Nick Romesburg on hay 11",1915.
; I came down Stamper Branch,from where we were working,as Llr.
i‘x‘omesburg sent for me to come,and when i got to the rialroad,he h
3- had the empty car dropped down and was stopping; samewhere it was --
when accident occurred. He remarked to me, "J- had better drop this
car on down”,and 335: I said,” we need this car to stoE the other . :.;-'.:
- wand Wand drawed brake as tight as _j, ' J
he could,and kicked the dog in place. About that time ;Veaver called
' to him. He said =,J[= throw some chunks under this car" and I throwed
~ ‘_ chunk of wood,4X6,and other piece 3x5,and another piece of split ..
g": wood,4x4,about 8 feet long,and about the time I got the last piece
under,the loaded car hit the empty‘ car,and knocked the cars about
eight feet apart. It appears to me,when the cars came together,
fit it knocked the empty car in the air and over the pieces which 1
C3311? had in front of wheels. The loaded car come almost to a standstill,
after striking the empty car. It thenfstart edfpassing over i»ir.Romesburg,
. _ the front wheels on right hand side of car out arms off,and the front
wheels on left hand side out off foot,after which I seen him turn
around,and watch the rod and brakebeams,dodging same,and the hind
brake beam drug him about 6 feet, It all happened so quickly,that
. 1 could not do anything to save him,after I started to put the
3 pieces to block wheels of car on which he was. I never saw him 35.}.r-fgg'
any more,unti1 I seen him under the froht wheels of car. I told
him 0 bett et off,end we trie‘ vreck car, This was
when I started to put pieces under wheels,and .I. thought he was [33,:
getting off,after setting the brakes,and as 3'- mentioned before,
ff... I started to put pieces in front of wheels and did not see him
anymoremntil I seen him under front cs.r,and after it run over '.'}.S23-—
him,-L heard him say,” I thought someone was on that car.” ,_,
( Signed ; J. C. Bailey. .
j; Witnesses: '.“
j; -, D. A. Chr istopher 1;;3
'1 State of Kentucky,
County of £loyd, SGT.
f":- Subscribed and sworn to before me by J .C.Bailey this
;‘.; 20th day of I=.1ay,l914. w
~ My commission expires on the 1142'} day of February 1918-
Bascom Clarke,
5
A Notary E‘ublic,Floyd CO.Ky.

 . . _g , . . x V 5. “Hides’”iw§‘
STATLMLKT 0F 1.0.NEAVER IN REGARD To ACCIDEKT HA”PENING i
W, TO NICK RhHESBURG oh HAY LLth,l914.

‘ I just came down from 73 mill,and hr.Romesburg and hr. ‘
««~ fickleseimer were at the cars. Mr.Romesburg made the remark that h
s-‘ I was the vesy man he wanted to see. e then told me he wanted to 3

, drop cars down. We got a 2X4,and tried to start both cars at the v
i. same time. We then uncoupled car and Picklesehuer and l started
% the front car,while he went out on top of it to hold it with brake. ‘
E“ he rode front car a distance of $75 feet,and stopped it above the ;
I3 tram road of Stamper Branch about fifty feet above the road. If
t Dickleseimer and I started the second car by using piece of 234 Q
5_ for-a pinch bar. He also had to use a piece of 2X4 to start the ”

first car. Kr.Romesburg had been to the brakes on both cars and ‘
p3 Wad loosened sane. is followed the first car and pushed it with *
f" our hand to give it a start,after using the 2x4 for pinch bar. ‘
{, /after starting last car,l climbed on top of car and put brakes on y
I}, as tight as l could,and the brake wound up as far as 1 could wind uggté’" _
;_ it,and it did not check the sneed of the car onebit. After I
p', found that brake would not hold car,l called to him that brake was fififiL’
2): _,not any good,to tighten his brake,and look out,and 1 then climbed "/.7‘9)fafl’p
= ,3 off the car. 1 had ridden the car ZoG'. The car was not moving I ;
i.fi over 5 miles per hour when I got off,but it had just started the ‘
T5 steepest part of the grade. After cars run off and turned over, '3
_f; I went and looked at the brake shoes and they mere drawn tight :j
53’ again the wheels,chain had wound all right on brake shaft, It had 3
“17 made over two rounds on brake shaft- Kr.Romesburg said after the i
L:. accident and after he got up,he thought a man was on the car. He :i
3;? was or‘na be h at e W ‘ off of it. h . vins heardlne »ig
33; call to him and he was a distance of GLO' away. Lr.J.C.Baile ‘ s . r ‘0 f
it? standing on the ground by the car that mr.Romesburg was n,and he ..g
i_ifi heard me call that brake was no good,to tighten his brakes and _
;;5‘ look out. _
all 150.Weaver 'T
'1.» Witness: :1
_' D.A.Christopher
,5} State of Kentucky, '
' 77.. 3;
as?' County of FIOyd, Set. j
him Subscribed and sworn to before me by J.C.Keaver this 20’ .3
:31} th day of may 1914. 22';
it? My Commission expires on the lo' day of February,1518. 3

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 ' -' ‘. “rittaburgh, Penna.. March 2nd, 1915.
The Nicola Building Company, ‘
, (Office)
I found after going to Huntington that heal 8c Strickling. Attorneys and
Mr. Carpenter at Beaver Creek of the Elk Horn Mining Corporation wanted me for the
purpose of adjusting their matters with Romesburg. Romes'ourg is working for them
' and they are well satisfied with his services. The difficulty is that his time
‘ for filing suit will expire on the 11th of may, and he wants to know what they are p
, going to do with him. ~ ;
After discussing the matter with Romesburg and .hearing a discussion be-
tween Romeaurg and the Attorneys. the Attorneys put up a proposition to Romesburg
‘ to pay him for the time he lost while sick and employ him for an indefinite time.
| at a satisfactorywager or One Hundred Ten Dollars - «$110.00) a month, and at -
any time that they discharged him. they are to pay him Two Thousand Dollars ($2000.),
which is all right‘and satisfactory to us, so far as it goes, but they want us to
‘ pay Ronssburg the wages from the time he came to Pittaurgh until he went back to
‘ BeaverCreek again, which was about four (4) months, or it would cost us Four Hundred
Forty Dollars ($440700) . I explained to them that I had no authority to Contract '
any debts for the 310013 Building Company and it would be a matter for you to write
; to Neal & Strickling. Attorneys for the Company at Huntington stating that position v
‘ we wouldtake in the matter. ,

\ , ‘ ~ I argued with than that it was not our place to pay Romesbm'g,-. that he was
working for the Coal Company. and aside fromthat. there was nothing in the Contract ,
to. obligate us in matters of this kind — that they had the privilege, if they so
desired of placing Liability Insurance. which privilege they did not avail themselves

I of and in absence of their not availing themselves it was up to them to pay any loss
for injuries to workmen. _The Attorneys advised that the Company is not legally

liable to ,Romeiburg, but as a moral proposition they desire to do what was right. i ‘ .
I Carpenter for the dampen. censord in this. They argued that as a moral obligation

 I .L . I -
-2» N. E. Co. ‘ 3/2/175“. . 5
that we should stand our share. , _ ,
Personally. I do not believe that we should stand a. cent. I
have already spent something over a. Hundred Dollars ($100.00) in taking care
of Romesburg of my own money and that should pay any moral obligation that we
might have.
’ (Signed) E. J. Brandt.
/
. ' ‘

 $3.: :
{A} £2“ L
'liSHm-‘F-ICHESAPEAKE AND OHIO RAILWAY COMPANY
2.." ‘
16' 1'
i <2»: ‘ THE CHESAPEAKE AND ogxo RAIITivAY COMPANY 017 INDIANA
) ,. (‘:;,kLIIQL ,7 - x ,
I _"Lfvgc: , ,
”Y“ , , ‘ > Huntington, T. V;., flay EC, l?15-w
Tessrs. Harkins,& Harkins,
Attorneys at Law, .
Prestcnsburg, Ky.
Gentlemen:-
— Suit of Nicholas Romesburg, vs. C d 0 Railway Company -
I hand you herewith copies of statements taken by the Elkhorn
Mining Company in connection with this case. »I have not had time to go
over it carefully to work it u;, but inasmuch as the jetition for removal
has been filed, and it is likely not to be tried until this summer or fall,
I will not make a report until later on. I will send you copy of this
report.
Ycurs very truly,
‘ ~ ' J L
- _,b
. t .
An 8v _ .

 I ’l‘IiE CHESAPEAKE AND OIXIO RAILVVAY COMPANY
‘ THE CHESAPEAKE AND OHIO RAILW‘xY COMPANY OF INDIANA
”' Huntington, n7. Va., August 3, 1915-w
GCA File........D-3995
Mr. L. L. Scherer,
J I General Claim Agent.
Dear Sir:o '
, - Suit of Nicholas 0 Romesburg vs. C & O Raihway Co 4
Referring to my letter of July 19th.
' Investigation develops that the cars involved in this ac- '
cident were placed on the Elkhorn Mining Company's track just below
upper mine No. 329, on Saturday, may 9th, 1914, by Conductor M.
y/Elevinger. Conductor Clevinger says these cars were placed, the hand
brakes set, and then a chock was placed under each car. Later he
heard of the accident, and went back and retracked the two cars.
Conductor Clevinger says there was no examination made of the brakes
other than to set them when the car was placed, and he could not tell
anything about the brakes after the accident, as the trucks were
, knocked out from under the cars. You will note he kept no record
of where these cars came from, what they were loaded with, etc;
that there were no inspectors on Beaver Creek, and no inspection was -
made of the brakes by the crew, except Clevinger. Note he also says
. that it was customary for the Coal Company to dr0p these cars down to
any point where they wanted to unload them after they were placed by
the crew.
‘/ Brakeman H. c. McGuire was with Conductor Clevinger, and
7 he says they placed the dare at the head of the line, one car bebng '
placed just above the crossing; that he personally was on top of car

 Tl-IE CIIESAPEAIQE AND OHIO RAILVVAY COMPANY

*’ THE CHESAPEAKE AND OHIO RAILW‘XY COMPANY OF INDIANA
LLS Page 2. .

a and set hand brake, and knows that the brake was in good working
order; that he tried the brake and set it, and then pulled on away
and placed the other car below the crossing, and he set the brake
on that; that he then got dovm and checked the two cars. After the
accident, he says they talked about the condition of the brakes, and
he knows they were in good order. He cbvs not know the exact day
of the month, and does not recall anything about the accident, but
that they placed the cars, and that he assisted in retracking the
care after the accident. Like Conductor Clevinger, he says the
mine men drop the cars whereverthey want then.

‘/ I also enclose statement from Conductor D. R. Jenkins. You ,
will note he saw the cars that ran over Romesburg the next morning
after the accident, saw that they had derei led, and noted that therear
car had run over him. He said that the yrakes on this car were tight,
chain had wound alright, and after making a careful. examination of
the brake, he states that he found nothing whatever wrong with it.
There were two or three crews on this branch during the construction
of the line, and they say they took no record of the cars; that is,—
where they were billed from or to, what they were loaded with, etc.
You can readily see, therefore, it is hard to get a record of these

V care. These conductors also told me that frequetnly a. car would go up
on that line, and would be used between Wayland and Beaver Creek for
' some time. By this I mean that a car would come in there loaded, 1
would be taken to its destination, and might be then brought back to
Wayland and loaded, as all freight was billed to Beaver Creek. The
fact is, during the construction of this lind, they had a policy of c
charging $15 .00 for a loaded car from Beaver Creek to Wayland. Some

 ’.l‘lIE CHESAPEAKE AND OIIIO RiAILWAY COMPANY
if THE CHESAPEAKE AND OHIO RAILWAY COMPANY OF INDIANA

LLS Page 3. v
of the merchants living around Wayland would order a car, and mmuld get
a number of people living at different stations between Beaver and
wayland tetsnd their freight up in the car, and these people who hdd
freight for intermediate places would pay the man who chartered the
car for transporting their freight. The Railway Company would stop
this car at any place they had freight, and unload it. In this man—
ner, the party ordering the car would be able to get his freight
transported to its destination, and some times make a profit himself.

I have written the master Mechanie to see if he has any
record of either of these cars at any of the inspection points, and
if so, to give me a report of inspection, the name of the inspector,
etc. If I am able to get this, I will furnish it to you just as soon
as it is received.

Yours very truly, {

 OFFICE OF 7 L
The Chesapeake and Ohio Railway Co. ‘ , . "SW“
Thwesapeake 8; Ohio Railway Company of Indiana. \_ ‘
___—“_.____STATION -
flnt‘ingtm, ‘7’. Va., August 9, 1915 - w I9]___
GOA File.....D—3995
~ Mr» L. L. Scherer, ‘
General Claim Agent. .
Dear Sir:— _ V
— Suit of Nicki-alas Q Romssburg VS. C r.” 0 Railway Co _ ,
_ Referrinr: to my letter of August 3rd - -
‘ 5 I have ’caken up this matter with Masizer Mechanic BMW
and a'ttach herewith his letter to me under date of August 7th. You
1 ~ ' will note that 0&0 8516 moved from Quin-nimc-nt to Handloy April 19th,
1914, was received at Huntington April 25th, 1914, and the next
movement is in to Paintsville,Apri.l 29th, Beaver Creek April 30th.
[It came back to Paintsville May 14th. The only insped‘tion we have
/ on this car was at Huntini’con Atril 25th, and Inspectlnw‘fimVL‘ngs .
SHOWS the our OK. Kenova, Paintsville, Russell nor Handle}; have
any recer‘l of this car, and can give us nothing on the qusstion of
inspection. C S .
0&0 6588 was received home from Big Four April 25th, 1914,
'- forwarded east to Russell, went to Ashland April 26th, Paintsville April ‘
28th, an'i Beaver Creek April 29th. The next record of “this car is
Paintsville May 141th. Ashland inspected 05:0 6588 April 28th, 1914,
‘ and made repairs to loft lever clevis, etherwiso the car was in good
condition passing Ashlsmd on that date. Russoll nor Paintsville have ‘
any record of this car. The car was inspected at Ashland by Inspe‘ctor I
V A. :‘i. Barbour. ‘

 OFFICE OF X-17
I . SrANDARo'
The Chesapeake and Ohm Rallway Co.
The nesapeake & Ohio Railway Company of Indiana.
“wv, ,,--,l___._. ___,___STAT10N .
Hun ti “3‘ n,,,.,,":‘1._,..l’asl_Ans,us t._f),_] 91, s ,_ [911“;
L L S Page :3.
This is the only inspection '11:: em find on these “.1“
You will note the cars both came back 7 Paint l‘: on Fay lath.
Tc h:.V-'3 taken 112-:- the mat L JFK/ill". ":i‘L'h “Jr. 31.1t‘:-:1* {17: find out if
there 17:3,: 1m”: .7-.’f;'i.7,7 f:- tall anythiu :: ahsu‘: the ecnriitiqn of ”5hr; 22:11:33
then, but I 73.73 m"; thin?" than; is. ;:.1: my under {b.1311} in; .'.v'u: the trucks
‘.‘-rare out from under the our.
Your-3 Very truly,
/}// (7’/ /’}/ z,
, ,, ,
, .7, [1 ,
I, 1 / .'z ,: ,7 3,; 3'\.fl
// {gs/J z’i/E ./ ,/ , 7’ r’;7' to
(View: A“; U‘L‘L/ (I 1' ,1 .1" // /{///J 3
9

 “I THE CHESAPEAKE AND.OHIO RAILWAY COMPANY
’ THE CHESAPEAKE AND 01110 iaAILWAY COMPANY OF INDIANA
' Huntington, W. Va., August 7, 1915.-m
' I
Mr. H. L. Dunham, 107-60
Claim Agent].
Dear Sir:-
Referring to your personal letter of July 22nd, no file, concerning
a man by the name of Nick Romesburg losing both arms and one foot im accident
which occured while dropping 0&0 cars 8516 and 6588 down the Elkhorne Mining
Company's track at Wayland, Ky., May llth, 1914.
I attach hereto result of investigation I have made in regard to the
inspection of these two cars. You will note MI‘. sipp advises that 6&0 8516
was forwarded from Quinnimont to Handley April 18th, 1914, and next account I
is moving into Paintsville 29th, Beaver Creek 30th, 52 Paintsville May 14th;
and that his record of CM 6588 was that it was received home from Big Four
at Cincinnati April 25th, 1914, forwarded east to Russell, Ashland 26th,
paintsville 28th, Beaver fireek 29th, and Painteville May 14th.
You Will note Inspector Rees advises 0&0 8516 was in Huntington yard
April 25th, and that his records show the car to} be OK. Kenova has no record
of either of these cars. Ashland inspected (3&0 6588 April 28th, 1914, and
(RV; made repairs to lift lever clevis, otherwise the car was in good condition
%“ 0}! passing Ashland on that date. Russell has no record of either car, neither
W has Paintsville.
I am sending you all the statements from these parties so if there is
any more information we can get for you, you can kindly “has
" Yours tr A} V i " '
. - Q a}
has : gechanic. ‘

 THE CHESAPEAKE AND OHIO RAILWAY CONIPANY
‘ THE CHESAPEAKE AND 01310 RAIL‘WAY CONLPANY 0F lNDLAlVA
' RICHhGND w Aug. 30, 1915 — h.
Pile . . . . . . ,D-39595
Mr. Henry Taylor, Jr.,
General Solizitor -
Dear sir;
— Personal injury Eicholas O Romesburg, white,
Wayland, Kentucky, may llth, l9l4 v

Referring to my letter of June 26th, l915, and yours of June 28th to
Messrs. Worthington, Cochran & Browning at Naysville, Ky., in regard to suit of
Nicholas 0. Romashurg vs. C. i 0., E. i B. V. Ry., et ale. Circuit Court of Floyd ,
County, $é0,000 damages, account personal injuries received by alleged defect in
our belonging to the railway company at Wayland, Ky., on or about May llth, 3914.

After receipt of copy of your letter of June 28th to our Attorneys,

/ Claim Agent Eunham, acccwpanied by Resident Engineer C. L. Allen, Went to maysvilk
and consulted with Mr. Browning. He agreed that the only question involved was
the condition of the brake and asks that we get inspection‘of the car if possible.
Mr. Dunham has made investigation along this line, and I enclose herewith his two
letters to me dated August 3d and 9th respectively, outlining fully the result
thereof.

As to the latter paragraph of his letter of August 9th: He has taken
this matter up again with Mr. butler to ascertain if he could tell the condition
of the brakes at Paintsville when the car came back there on the 14th of hay, and
Mr. Butler advises he cannot. It would seem that so far as the matter of inspect»
ion is concerned, we have about gotten all that can be obtained at this time.

After referring papers to Messrs. Worthington, Cochran & Browning,
however, I Would be obliged if you will have them advise whether or not they want
any additional evidence at this time.

I would also be very glad to have your Opinion in the premises after you
have gone over these papers in connection with others heretofore sent you, as we
want to leave nothing undone in our efforts to get all the evidence possible that v
will be of assistance in defending this suit insofar as the C. & O. Ry. Co. is
concerned.

Yours very truly,
a?
/7"
// ,//&;¢;;;::::::y
/ //' l //
r” ’ {x/ng
General aim Agent —

 THE CHESAPEAKE AND OHIO RAILWAY COMPANY '
‘1., THE CHESAPEAKE AND OHIO RAILWAY COMPANY OF INDIANA
..7
..:.r: ', Va; 5 , 37 4; -« 9'
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_ Kari“: ~ " «7 r- t. :17; 57:11:?" '. ”1:11. 171.15.“. ‘1 l "
was 7-7. " _... =1 ‘-'-" 7' A“: 77.1“: 77’“ i- ""2 35 "'1‘" f3' 7 ‘ .1.1“,
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;~..

 .' \fflkfl » V
:”': ' {w .
a wetu
,. her 27. 1915. .
. 5r. 3. L; Dunbam, Slaim Agent, 1
,; Chesapeake & Ghio Ev. $0.; -'
3 Huntington, W. Va. ; 
5 Bear Sirin ‘ -i
i ‘ I saw Jenn Glark in town for a few minutes befare :K
,; his train was leaving and frum him I get the infarmation ,3
y: ~ that Edward J. firamdts who lives in Huntingtem, 2. 3a., 5
39¢ wag Superintenéent 0f Tbe Eisela Euilding nggany, wha ‘4
‘, gives infermntion that on the day when Ramesburg under» f}
T" took ta move the ears that‘he, Brgnété advised againsi his 2*
; ' doing 30“ iglling him at the time that it was dangerous; ‘4
_ but that ficmesburg imgifitefi am his waving the Cars and ‘1
:3 distributing the lumber at different points from the cars gf
”V instead of hauling it. That it wuuid éake much mere time .]
,f to ualo&a the car anfi haul the lumber by wagons than it If
5; would to run the car along fihe track an& unload at the Lw
§y different houses where the lumber was needed fer building ~f
f}, the houses. ~”
; -)jfig’ 1 wish you woulé See Ir. Erandt and verify this 3;
3g jxgjg‘ [infermfition a3 neg: as you can, and let me nave your report f;
fx 1 yfigfi” on it. 5130 Kr. Glark says that Roueaburg told him that 7;
fifi§;$}3 a the ears were sputted at the place wnere bath he, Romes- ;;
éi‘.’ '_ bur and Erandt the Sumerintendent had directed the gg;
N.‘ ‘: n 3 V“ .. ’ . .. ‘ J.J"
ig’ traln crew to place tnem. Lle&ae 33x hrandt concerning g?
3 this branch 0f the matter and oblige - 33¢
, Very truly yours, éj7
1;.: Lag/fists if"???
’ h: I '3’”,a ‘ ‘~ ‘.’ " 2' v”, ' ‘ -'t~' i * £5,"

 THE CHESAPEAKE AND OHIO RAILWAY COMPANY
THE CHESAPEAKE AND omo RAILWAY COMPANY OF INDIANA
Huntington, W. Va... October 28, 1915 -w
Mr. Walter S. Harkins, .
Attorney at Law,

Preetonsburg, Kentucky. A
Dear Sir:

Replying to your letter of October 27th in regard to suit of
N O Romesburg vs. C :9: 0 Railway Company.

I find that Edward J. Brandt, the man mentioned in your letter,
and who formerly lived at 1106 Ninth Avenue, this city, moved to Pittsburgh
last January. However, I was so fortunate as to find him in town today, and
had a talk with him. He tells me that he was General Superintendent for the
Ni cola Building Company, and had charge of the works at Fleming, Garrett,
and Wayland; that W H Brandt, his brother, was the Superintendent of the
Wayland works at the time of this accidlht; that he (Edward J Brandt) was
over at Fleming when this accident occurred, getting ready for the inspection
by the directors, and it was about five days after the accident before he
came over to Wayland; that he did not inspect these cars, and knows nothing
about their condition; that he did not tell Romesburg not to drop the cars,

. etc. This was his idea, however, that Romesburg was dropping the care down
to a point where he could more convdniently unload them, and not because
he cauld not unload than where they were placed by the Railway Company,
adding that he understood .er of the Elkhorn Mining Corporag
tion attended to the placing 01.31:... iii? It develops from my conversation
with Mr "Brandt that the Nicola Butldi ng Company had a flat contract with I
the Elkhorn Mining Corporation; that the Nicola Building Company paid no '
bills, did not pay their own labor, and simply worked out the dictation of

 THE CHESAPEAKE AND OHIO RAILWAY COlVIPANY
' TILE (:HESAPEAKE AND OHIO RAILVVA‘Y CONLPAJN‘Y OF leAN:&
IBH ..... Page 2.
the mining corporation. He further stated that it was his opinion that in
the contract between the Nicola Building Company and the mine corporation
the Nicola Building Company was absolved from any claim by reason of any
personal injury to the smployes on the works. In other words, Mr Brandt
says they were simply building these houses, getting their commission on
a rate per house; and assumed no liability for anything in connection with
the work. In this connection, L. Brandt, residence Pittsburgh, Pa., and a
brother of Edward J. Brandt, was President of the Nicola Building Company,
and all of than are extremely friendly to Romesburg. Mr Brandt told me today
that ”Nick" had been working for them for ten years, and that he was a first-
class man in every respect, and as he considered Nick 8. very broad man, he was
‘ surpri sad that this suit was brought. However, I believe that Brandt would
do anything he could for Romssburg, as Romesburg is apparently very intimate
with the Brandts. I learned fruther from Mr Brandt thsa Romesburg nnrri ed a
Mtge Kennedy, of Uniontown, Pa., and was now living at sane little town in >
Pennsylvania near Uni ontown.
W. H. Brandt, now with the Nicola Building Company, office Penn
Avenue and Lambert Street, Pittsburgh, Pa.., was the outside man, and no doubt, ‘
knows a good, deal about the case. Mr. Carpenter, of the Elkhorn Mining
Corporation, to Mr. Strickling tells me, has a. letter from W. H. Brandt, in
’/which he says he will come to Catlottsburg whenever he is needed to testify
in this case. Mr. Strickling also told me today that they were arranging
to gather up their witnesses, and would be able to have all the parties from ‘
whom they secured affidavits at the time of the accident present at the time
of the trial. It just occurred to me that possibly it might be well to see
Mr. Brandt at Pittsburgh, and see what he knowa, but as he has signified his

 THE CHESAPEAKE AND OHIO RAILWAY COMPANY
THE CHESAPEAKE AND 0310 RAILWAY COMPANY OF INDIANA
W33 0.... Page 2.
willingness to come to testify at the trial, it might not be best to see
him. I would be glad to have an expression from you along that line, as I
am very busy, and do not want to go to Pittsburgh unless it is absolutely
necessary. However, as the case is one of importance, if you think it best ’
to interview him, please advise, ind I will arrange to have an interview with
Mr Brandt some time after the 14th of next month. I can not see him before
that, due to the fact that I will be tied up in court at Charleston until
that time. .
Yours very truly, / // ,V/
1 ,/ ’ A
0115? ,,‘/1 ,'17/ / 1,,, ///
. C .,x/ .1 ,://

 THE CHESAPEAKE AND OHIO RAILWAY COMPANY -
EffiecnIESAJuaAIUEIaNI)culnglaAlLVVAtY(monrpnafy'canNInusrnx
C o R Y ' Wayland, Kentucky, Nov. 10, 1915.
ST.Am,mLT..aneh..w;rnM
I was employed as an electrician for the Elk Horn Mining Corporation at
Wayland, on May ll, 1914, the date on which Nbcholas Romesberg was injured. I
' was standing about 200 feet west of the road crossing at the point of accident.
I noticed Mr. Romesberg riding up the road on horseback. One of the employee of
the Nicola Building Company halloed to Mr. Romesberg, you are just the man we are
looking for. We want to drOp the cars down. I do not recall that he made a
reply, but a few moments later, I wa* him on the leading box car, which was
empty. He was standing at the brake. The car started to move, after going a
short distance, I heard someone hallo, lookout the car is coming. I saw the
loaded car moving and a man climbing up the side of this car. The two cars
were then separated about 100 feet. When I first saw Romesberg on the car, it
was standing just above the small Stamper Branch Bridge. Romesberg dropped the
car down to the point where they struck and almost or possibly entire stopped the
car. He was riding just below the crossing; The brake on the car Romesberg was
riding was on the rear or east end of car, which left nothing to obstruct his View
of the car that followed him. At the time the man halloed, lookout, the two cars
were separated about 100 feet and when the car struck, below the road crossing,
the impact knocked him down between the cars.

Just before the car struck, I saw Romesberg standing on end of the car
at the brake. Do not recollect if he was on top of the car or on the brake step
at end of car. He seemed to be lOOking toward the car that was fillowing him. I
did not examine the brake before or after the accident or either car and do not
know anything about their condition. I did not hear any remarks about the con—
dition of the brake. In Neither do I know who the man was that got on the loaded
car after it had started to move. I do not know whether he got off the car
before it struck or not. I did not notice Mr. Roassberg examine the brake at any
time.

(Signed) F. A. Turner
Witnesses:
T. R. Middleton '
E. L. Bock.

 ‘ Wayland, Kentucky, Nov. 10, 1915.
STATEI‘NET OF F. A. NEW, ELECTRICIAN

I Was employed as an electrician for the Elk Horn Mining Corporation at Wayland,
on May 11, 1914, the date on which Nicholas Romesberg was injured. I was standing about
200 feet 1551‘)! west of the road crossing; at the point of accident. I not iced Mr. Ramos-
berg riding up the road on horseback. One of the employee of the Nicola Building Com—
parw helloed to Mr. Romesberg, yer are just the man we are looking for. We want to
drop the cars down. I do not recall that he made a reply, hit a few moments later, I
saw him on the leading box car, which was empty. H e was standing at the brake. The
car started to move, after going a short distance, I heard someone hallo, lookout the
car is coming. I saw the loaded car moving and. a man climbing up the side of this car.
The two ears were then separated about 100 feet. When I first saw Romesberg on the car,
it was standing just above the small Stamper Branch Bridge. Romesberg dropped the car
down to the point where they struck and alrnest or possibly entirely stopped the car. He
was riding just below the crossing. The brake on the car Rpmesberg was riding was on
the real-n or east end of car, which left nothing to obstruct his view of the car that
followed him. At the time the man halloed, lookout, the two car were separated about
100 feet and when the car struck, below the road crossing, the impact knocked him down
between the cars.

Just before the car struck,