<pre style="white-space: pre-wrap">xt73bk16mf8w_287 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/mets.xml https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14.dao.xml unknown 35 Cubic Feet 77 boxes archival material 51w14 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. Louisville and Nashville Railroad Company and Lexington and Eastern Railway Company records Railroads -- Appalachian Region -- History. Railroads -- Kentucky -- History. [227] Lillie Spicer v. L&E, Perry Circuit Court text [227] Lillie Spicer v. L&E, Perry Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_28/Folder_8/74564.pdf section false xt73bk16mf8w_287 xt73bk16mf8w ’4’: 1, \ r». , ”W.
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 P E R R Y gaggggiggg‘gng C 0 1,3 T .
Lillie apicer, gluinti‘f.
vs. Petitinn/

Lexington & hostern Lgilwny Cougnny an;
John B. Combs, administrotor of the estxto
of Ni 11am Jones, deceased, Le endant.

The plaintiff, Lillie Epicer, soys that one
is a resident of the State of ﬁﬂst Virginia a she says
that the defendant, John E. Combs, is a resident of
Perry County, Kentucky — nnd the defendnnt, Lexington e
Eastern RaiLWny Company, is ; corparxtian ore tea and
existing under end by virtue of the ﬁnes of the State of 4
nentucky, and that it owns and omentes a line of railway
from Hexington Kentucky to Jackson Mentuogy.

Plaintiff guys thnt she is the widow of Nillism
Spicer, who died in Perry County, Kentucky on Segtemberﬁth,
1911 - that at the time of his death her husband's residence
was in test Virginia - and thgt ut the time of his death
her husband was known in Perry County, Kentucky as Killian
Jones. .

Plaintiff says that on the 5th day of ﬂop ember J
1911, the defendant, Lexington & Eastern Railway Company,
was engaged in constructing and having constructed a line
of roilWay from Jackson, - Kentucky, — through Breathitt, ‘
?erry and Letcher Counties to a point beyond Whiteburg,
Kentucky, and as a port of this constnmtion, the said defen-
dant, Lexington & Eastern Railway Company, together with

 . 2
Fones- Davis Company, was drivinm and excerting a tunnel th—no
through a maintain duet below Hazard - Lentucky » for the
uureose of enabling the defendant to lay its rai“roed tr ck
threugh Said mountain. ﬁhe says that on the 5th day of
Leptember, 1911, the work in driving and GXCHVAtinﬁ Said
tuniel hed wrogressed t3 the extent :f eeverml huudred feet
under the sountuin- ﬁhe Says thmt new”ﬁime :rior to eptember
5th, 1911, the said Wil‘iam.$eicer, her husband, hnd been
engat d by the Estimaton I lustern Til? y Company and the
said JoneSanvis Coup my, eh a were construcing said tuzzel,
as e laborer, and it mas his daily duty to enter the exasva-
tion in the said mountain und resint 1y regoving the rock and
debris therefrom; that he Wes engaged as a lwberer :nd Worked;
in said tunnel, and at the said work a certiin neuter of hours
each day. She says that on the 5th d,y of eptcmber, 1 11,
the said tilliam Spicer, in no formuHCe of his usual duties
and being engaged in his usu l werk was in said tuuhel under
the said mountain, assisting in removing the stone 2nd debris
therefrom , under the direction of the said Lexington & nesteni
Ruilﬁdy Company and Jones Davis 00 many ? gﬁﬁ WHILE in there
. and an engaged a large mass of stone, iirt and ulnte fell
I from the roof of the tunnel and struck him, from the
effect of which he immediately died. She says that her said
husband‘s death caused by the geese negligence of the
defendunt, Lexinston & Eastern Railway ?omnany; that the
$905 of smid tunel was on the Cth day of Septemher, 1911, end
at the time her said husband was killed, and had been for
sometime prior thereto, dangerous and unsafe, which rendered
in which her husband was engaged at work e dangerous and
unsafe pl ce to work, She says that the defendant, Lexington
\

 ..3-

& Eastern Railway Cowpmny, has not at ;hy time undo any effot
toprotect th.": J of the tunnel fwd “31.-rift’i’322t it: f lling
ulthOugh it knew.nnd had known for sometime th.t it use dune
Lerous and limble to fgl- in at any moment, L he says that
there were no props, or other means used to prevent two rslf
of the tunnel Tron Calling, ‘he says th.t her husband did
not know of tha dangerous uni unsafe eunﬁiti n of the roof
of this tunnel,and the defendant, Lexington L vastern ail—
ny jonpany was guilty of gr;3s neg igenCU in failing to furh
ish her said husband ; egfe ~lxse in *ich t: :ork.

laintiff says that her said husband w-s only
33 years of gas, was strong and in wood physicinl can ition
it the time of his death. She says by season :5 the negliu
place of the said defendant 's herein recitef the estate of
her ewid husband has been d naged in the su: sf Twenty
Ihousand doll rs, {$20,000.00}. '

Plaintiff says that her hush nd did not leave
any children surviving him.

Plaintiff says tilt at the regulpr January Term

.3533.

of the eruy Circuit iourt,/%he dcfeni'nt, the def ndnnt,
John E, Combs, Has » pointed Ly the Court -s administrator
of '.;illiem Jones, deceased, who ‘-n,==..:'. her husband, illiam
Spicer, by order of the lorry County ﬁgurt; that he executed
bond as required by Law, and qualified as such mdninistrator;
that on the 9th day of Sebruury, 1912, the said John L. Combs
as administrator of thr estate of illiam Jones, (who was
Zilliam Spicer, instituted an :cti n in the Terry Dircuit
Court, the basis of which was the hneg‘igence acts of the
defendant herein, Lexington g Eastern *ailwry Company and
Jones havis Company, of which he eauyht to recover of these
defendants the sum of Ten Thousand Dollars as damages to
the estate of William Jones; that at the harsh term , 1912,

 . .
km4~
of thc Terfy Bircuia ‘Qrt, this nation Was, on wotion cf
the plaintiff, disni red as settled. fige 13 made a part
hereof.)

Qhe srys i? ﬂ 5211 iohn L. Tombs is net any relatin
to her; thlt she @id not 4.9% untii Within losw thhn a week
before the in titutiJu of L31: actiﬁi of “is ;- ointment
as gdministrator; thut She h,s unvar Even in 00 xunication
with him in ,uy wuy, .nd thtt €he has notreceived u cant from
him as part of any 3050? recaver d for the negligent cts
cgusing the Certh of hcr "ii husb'nda Ehe wvya thxt the
defeniﬂnt, lexinftan F ”tvtern 7“i1v1y .0“:any, and the
defn7nnt, John E. “naﬁs, entvrod into n fr ubu3rnf Go"u—
Lion, whereby the u-ii Saba ?a Lﬂuﬁs ?a: to be 9 neinted
;dwiniwtrator Raﬁ ﬁue for fﬁﬂfeP for the deft? of this
plaintiff’s husband, and ﬁho Qe'wmcent, Waxiygton f lastern
:giYWay “ounany, Was is pay ojf uni can 333190 far an in-
cormi:“:er:~abfie 8113.1, mi the said 3:23:21 ':. "$031730; to “a ”she many
he rfceived fromtha com_honi¢e, =ith the hwpe that no 89%»
géwiﬁ% cmgimont wculd turn uﬁ denundinﬁ nge or any ﬁart
thereof? and wherety the iefvnlant, herein, ‘exinwtnn
P J etern Railway Comp my, ::ulJ t¢ bratecﬁeﬂ *rsn : real
claim f”? dﬁﬂﬁﬁes for th? Ge th of Ti“)iam Twioer, She says
that in :woping with this ;r :nﬁeucnt tﬁe ﬂefendunt, lexingtn
& Busts?n Railway ﬂan any, juat befnre the entry of the dr—
der dismissing maid action9 ﬂﬂid to its couiéfandantu hereins
John Le Combs, Adminigtrat r of the estate of William Jones,
the sum of three hundred d017arS, which he accepted in full
satisfaction of all demages for ﬁhe death of the avid Uilliam
Jones (William Spicer), and thereupon movwd the Court to die-
miss the motion. She says that the said John . Combs ati l

 -5..

rcteine ill of the money we emid to him by his coudcfendant;
she euye that the Gefvnddnte herein Know -t the time of the
c<>:2:>roniec, zinc“: the ';‘3:;-.3,r::1“:21t of the three i’iunc'iz'ated era
that ;hi: ;ua not ht the petite of the dooef:nt ' o
"ntitlcd to , and was a very small sum Co garcd with whet a
jury would sacs: 11:13; tifi .7_ a.“ 61%? “write 0"." t‘v‘: (:88
in M :rnuine and ‘ooﬁ f ith wrosccuti n of the citim; that
the pg1oinZMnnt ofﬂomhe as ud'ihictr.ter, hi i ; ;'yﬂent of
the t}: 63 hundred (1:31.39 17;;- (Eissz'.is~:~:;:il of tip: .",zig; 'fcti'm, nd
the institution of the cbiod, all 3? these icte, were done
for the vurpoee of smelling the "erix ton ' 'vvtern ailway
Compenyy to evade a genuine troeecution of this Claim, 2nd of
eanlin; th: said ﬁshr [a '232' t; r-m; ;h i he citaide: d
a lie :31 r;. rd For hie ”G??i63€. SEC sage that ﬁt the time
of the payment of th- amid now of 31:2“ hundred dollars by
the Lexington & Wu'tcrn i=ilu-y Lenoehy, t; the ﬁegcndunt,
John I. Comte, the said Lexington ﬂ ﬂeeterh :Qilwﬁy Company

they that the amid John ’. ﬁombe did not intend to :gy to
this plwintiff, or thy rel ti?‘ o: the decadent any part of
the sun of Three hundred 03”i-re, and hue: ﬂl‘t he intended
to kecp evme, if he Could do ea, ;nd knew that this sum
did not represent anything like a fair oscjonentisn to the £33
estate of the deceased for the negligent acts cmueinc his
death. She says that the compromise which resulted in the V
diemiesal of the maid action was mt made in good faith, and
was not made for the interests of the estate of the deceased,
but was a sham, for the protection of the defend ht, Lexington
& Eastern Railway Company, and as a means of an easy ”pick ﬁp"
for the defendant, John E. Combs.

 "6»
Fhe says thrt thx Said John ”“ Comt: rvfuses
to take any steps towards h Vin the amid order of dismis~
s 1 ﬁﬁﬁ unido, or towarﬁo ; further ;rooecutian of said
action.
leintiff Gayo that t the timo of ﬁéo deuth
the earning capacity of her raid Eushand roe 73.00 per
day, *no Lhut he WLS e rniny that sum.
myﬂgﬁm R 3~§.0 R~§L o1.intiff or yo that who ran ’
cover of the defonovnts tho nu: o Twouty TCus no 9017wr8;
she prays for her Costs horeln (Lgoxdeﬁ, ﬁnd for «11 proper
reiief.
I. :1 Ford .
7.i?7‘i-1re? (.‘rinﬁr
JUL-rioys for timintiff.
The ofﬁinat, T1 2. Tara, sags that ho utLorneydfor
the plaintiff; thﬂt 9h? ismbsent Eton thin sirto, wnd has
no agent in Perry County; sad that 5% ho believes, the stote-
monte coutmined it tho Toreriirm petition wro true.
' 5i. 7‘. 17"r§¢
Sﬁbscriked anﬁ o oru to Lh‘=?“ me By J. .. hard
this the 4th day of Septembor, 1912.
J. 3, Hard
Tot Ty “n?"ic;
Perry County, Ky.

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