xt73bk16mf8w_335 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. [258j] Crawford v. L&E, Lee Circuit Court text [258j] Crawford v. L&E, Lee Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_33/Folder_7/0718.pdf section false xt73bk16mf8w_335 xt73bk16mf8w ~. . . ,,,.m/
. _. . ,r V, ‘ _.,.» 7_Nfi- 1 H,M,grr . 7,4;~ .p-' ?;Q
A , J” /l , 1 fl ‘ ._ ‘ '.. V _ _ . I . __ I. V‘
- , ' c1 _’ ~ 5”. I . 7 * . ‘5
- V In Needhmn vs. L. & N..R. R. 00;, 5 S. W. 796, the court l
at page 800 shows from a number of Kentucky cases that where there I?
is conflicting evidence as to the degree of negligence it is for .7
the jury and not the court to decide the degree. - '3
“ Upon the same subject, 29 Cyc 645, says: . ’ i
"Incasion of Privince of Jury. {a} Acts or Omissions Gon— _§
, sticuting Negligence. The existence of negligence should be _ .;
passed upon by the jury as any other fact, and it is improper _
, 7 to instruct that a certain fact or group of facts amount to -
., negligence he; 5g, unless such actsvars declared by law to be
negligence oer_§e, or are such as to induce an inference of'* g
negligence in ell reasonable minds. At most the jury should .
be instructed that Such facts, if established by s propon-
derence of the evidence, are propertly to be considered in de— -
. termining the existence of negligence. _
in) lots or Omissions constituting Contributory Negli», ,5
genes. Subject to the seme,excepiions steied in the preceding, .,
section, an instruction which stated as a rule of law what
facts would constitute contributory negligence is erroneous and
properly refused." . " '
In ncHenry Coal Company Vs. Sneddon, 34 S. W. 228, the
court said, in discussing when punitive damages could he allowed, _
‘ said; _ ' ,
- "We are satisfied, hosever, that it is not a case for . . ‘
punitive damages; and while it is difficult to establish any
certain rule by which trial courts are to be controlled in ,
this class of asses, and the instructions must be govenned by ,
the,facts of each case, it is, nevertheless, well settled that ._‘
'- . it is not nary every case case of gross negligence where pun—
, ishment in the way of damages may he inflicted. Where the
.facts conduct tO'ShOW’rOQKlGSS, will ful or malicious conduci
on the part of the party charged with the wrong, exemplary
_ damages may be awarded. There is no evidence of the presence 7‘ _
of malice or reckless conduct on the part of the superintendent,
as indicating a porpose to have the appellee injured, or-a
reckless disregard of the safety to his peSon, and therefore ,
the instruction as to punitive damages should have been re»
fused. "The instruction should have confined the jury, if they
returned a verdict for the plaintiff, to compensatory damages
onlyl" ‘ e
' On proper instructions as to measure of damages for per: .
sonal injuries being such sum as would fairly and reasonably canyon-
' pain .
sate plaintiff for his physicalAand suffering, if any or either, _
for his loss or time, if any, the reasonable expense, if any, in the
v matter of bills incurred by him or for his permanent imnairment or
ability to earn money. See South Govington Railway Co., vs. Nelson ‘
89 S. W. 201 where the court held that it was improner to separate j
the different items any further than as is above indicatedl ; 1
' ' “7' ,,,,,VW_wAW#WWMAWWW”h;;.,A4MWANWVW”;ghmi»fl;:4;winmflrflryr L ;; :.;E§g§;? .’-

 G. & G. ~2~ November 22nd, 1910.
I
the engineer and fireman to show that the bell was ringing. I havent
their nanes, but will arrange to have them present.
I enclose you herewith copies of the statements of the
witnesses which I have.
Yours very truly,
a” .,/ ' // .4
, ESJ/CCP. 24 ,7 / w—g/Lev—sfls~»~
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//

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he 67 7M
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 .:.; In Kf4'5;;-xtjffx\' 7‘>,, , .  .V*_1f ('1: »_ :3.? [~'fl .,ii.V1\,w
_34, . ‘...rf/d" ‘;gjfgiéié ~. :‘\\ . ‘ ”A " ‘ . ‘ . c . ' * '- v. 5
. .. . a g i i '
- - , -. exi ‘7 T ‘ Crawford vs. L. a. E. R. R. Go. .. ‘ _ -
\\\\-«~”/l have never yet received the copy of instructions so "'i
, am figuring more or lees in the dark. 1 i
f In regard to question of an instruction on ordinary V;
V ‘ " care and-gross negligence see 29 Gyc 650 and 651.“ 1 f
-' . It will be shown that where liability of defendant depends :“
f ' upon showing gross negligence the‘izgn should be defined and the. 1‘”
jury instructed that such negligence is materialn/different from ‘
. ordinary negligence. It will also be noticed thet where the defen— ‘ if
’ dent does not requeest an instruction defining in ordinary care the V
, courtée failure to define is not error; Alec see page 645 of sane
Volume to 651 and the notes. ' 1 : .*
Also see sections Kentucky Statute and note 4 under same 1
I and the cases there cited. , ,. _ r 1
Also see Kentvcky Digest Vol. 2 Column 234%, sec. 66 .
‘ ' ‘ ct seq. 7 I ' ‘ . '
' Also same volume column 231m. section 24 et seq. .
. V Also see same volume colume 2550, section 68.. ’
r42 , .- - . , I I. . ‘ I
K’I' the ceeeof L. & m. vs. Law, 21 s. w. 850, 44 S. W. .
644. In the case in 56 S. W. 508 it seems to hold that it is proper -
' to give inetruction on gross negligence-if there is also an instruct-
ion given defining gross negligence. I ' V
» The case in 2? S.-W. 999 end in 14 S. W. 557 might be .
read as to the exceeeite and the permanency of the injury. I
1 1 1n summing this matter from these decisions it would seem‘
- that it is not necessary to define ordinary care unless it is asked ,
' fee by the defendant but on the other hand if the cOurt instructed , ;
the jury that they may award nexemnxnxypunitive damages if the neg— 3'
ligence is gross, it is error for him not to define arose negligence Q
and I believe that in such a case it would be error in not defining '
both ordinary care and gross negligence. See the cases cited under .

 - nets 6 section a: of the Km Statute defining ordinary; gross» and g" '
_ Wilflll negligencebut it will be remembered that these were decided.
befure the adoption of section 6 of the Ky. Statute, which yeu .
will remember left. out" entirely "wilful.” negligence but. thedefi» f
. nition given as to ordinary and gross negligence mean the same.
; ‘ “;,.; .I . . ; I
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 Lea Hirouif nofirt. ‘
Squira 3rawfor& Plaintiff
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' ijfiant, “. A. gafiafiell, states taut he is Gfiflflftl \unagnw and

Chief CfTiner in thfifi fifiunfiy a” the defend;nfi iailww; ionyuflj, and
”Cheri; “2:16; (‘.G'Temiun’c is} 1101 JWaO'Jf?‘ £03" a *Tial 5‘11." Eli-3 06728": 5:’»: Exit: ’é'Wm
on ;‘Qrmlu‘gf' ’rjlm: a'iwgem‘w‘; ‘.“)C Pang“ ".‘:’7.,'§71’)_E*‘.‘HC‘IQR’ 'f:0-T}i"7f—- 1‘;, ELECT, -
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thn issnal u? a suhgaana flu: Eéid witnesses, addrfianed fiu the igerijf
n 'jiee ?Eouzrfigi fianigau};r, emu? flj¢e Hffixe lWifi srt ”rule ;fiiaazxi fiJ; {;.a ?uaflfls
05 .alker Jamesnn, “Lnriffl a? Aajfl flfiunfiy, iv? exaenfiian; and aCIiant -
aux; ‘1:a ;ieglynsNanfi'1s Urnansuvl .filflg Mien, Iini‘Lh a.7€e:¢ ugfld% Ginae ;158 cnxllxad
for firiyl thie newning, tun? said huhpoena mad bmen exeauaed, Rn? upon
asking “e ‘hériff fur Sfiwfl {a in‘vvmnd flafnnfiun+’q anungnl fiurt He had
nu nWHQDQRg €33 defendnni's uinnes ea :30 if ceurnc lad Lui execufcd
SumeL VpnA finanHmL 743 dafwnl mt iflsifiliig {Kai Sfllyfififlfi ”ca Lcen
pr&pwrir isswad game days befihré the day 39% IN? firiel, Huid Sgeriff
wont ELqugh iha gapQW% in Fifi pomgafis an} founfi Aaifl Ruhgmenn, end
stated ana* he had never exncufed Anne heaav%~ he misunderstund for
which side it wws issued; thuf he fihnught 1% was i4fiufid on behalf
031' ‘;:}:r': p].a3in’r;i.ff. anti plai.n‘~*;i.i'f'sa counsel had told him thdr: he would
have the Witnqafies far fhe plaintiff presenfi, tnd for that reason
said Sheriff stated he hafi not exeaufafl said Subpoena.

Affiunf Qayfi thig appliaatinn is not mafia fur delay, but solely
for the pur»o3e of enab1i » 4+ + v\ j,. - a

L " ~ ' “31:, .., :0 Have a 1.6113: trlal .91; this case_

 t a _ 'l
‘ _Wx' i i CRAWFORD V. L. & E. R. R. CO.
Statements of Witnesses.

Squire Crawford, age 29, family of wife, no children,
lives on my farm 5 miles from Tallega Station, have worked
for mr. C. B. Waller about 2 years, alWays Watched cars on
the track, account of the noise made by the engine of tie

' hoist, this morning May 5th, 1910, we were tacking staples
over wire to the side of the car, I was on east end leaning
around the corner of car, south side, between car and trestle
of tie hoist. First knew of engine being on the siding when
engine coupled on at west end, it made me lost my balance
and fell between car and hoist and the first post east of
where I Was, pinched me against side of car, had no warning
from anyone about engine coming as I was busy hammerigg and
the noise of my hammer and those of the other men might have
kept me from hearing the engine come in on the siding.

C. B. Waller in charge of the men working about
cars at time the accident states heard the train pass through
the cut on the main line and knew they would get out the
loads the men were making ready to be moved out, but was
under the impression engine had cut off and gone to Tallega
for empties, and had given the men this information, after—
wards was surprised to see Condr. Combs coming tOWards me on h
the platfifirm of lumber houst, and about the same time engine
coupled on to cars hard, heard Squire Crawford cry out, went
to south side of the car and found him pinned between side
of car and one of the posts of eleVator, had the engine back
slightly to release him and assisted him to his home on a
cot, and had Dr. R. R. Johnson called to attend him.

um. Combs, of Jackson, ry., Condr. in.charge of
train Ho. ll May 5th 10, out off eng. and four way cars and
went in on Spur at Waller as usual wanton the platform of
lumber hoist walking towers Mr. Waller to see what work he
wished to have drxe,_and when got within Speaking distance
of him, head brakeman Chandler had coupled the flour cars
with engine on to the 11 cars Which were on spur, and at this
time middle brakeman £311 in Williams had reached the second .
last car at rear end, and heard him call to the men "look
out" before the coupling was made at head end, after coupling
had been made heard the call for help from the man that
was pinned, and went to his assistance.

, Jesse Greer, stationary engineer of the tie hoist
Operated by Mr. C. B. Waller, residence Tallega, Ky., makes
following statement in regard to accident to Squire Crawford
morning of May 5th: '

Squire Crawford and I were tacking staples over
wires on side of car he on the south side and I on the north
side, I was on inside of car between the tiers of ties and
Squire Crawford was on the east end of car leaning forward
over side, heard the freight train come through the cut on

 -2.. . -
- main line, did not hear engine bell at any time was busy at

my work and may not have paid attention, it was good day
light at the time and the cars coupled together about as
usual, not harder than common. I lost my foot hold account

. having one foot on a projecting tie that was wet and slippery
was also expecting engine to couple on at any time and kept
myself braced having heard the train pass through the cut on
main line, did not see Squire Crawfwrd nxfall, but heard his

. groans and looked over the south side of car saw him leaning

over one of the braced planks which support plumb posts of ele—
vator trestle; afterwards heard Crawford say was hurt about
the tape hips.

C. M. Williams, of Lexington, Ky., middle brakeman
on H0. 11 May 5th states as follows;

Saw Squire Crawford on end of last car of the cut on
siding at Waller Spur, working there, and when I was within
50 feet of him and the other men about the cars called as
loud as I could in and i heiixxx the men "Look outt this
was before the cars on the siding were coupled to, and I
believe the men had heard the engine coming in as the
engine 11 bell Was ringing all the time, and I was letting
off the brakes and looking under the cars to see that there
was no obstruction 0n the rail. Did not see Crawford fall
but helped to get him out from between the car and the post
of tie elevator.

Barney Crawford, (Colored) age 27, brother of
Squire Crawford, hives on adjoining farm to Squire Crawford
was within 8 feet of Squire Crawford did not hear the en—
gine come in, or the coupling make on account of the noise
shout the cars I Was on north side of the same car morning
of Kay 5th and heard Squire Crawford make a noise on the
north side and went over and saw him falling, went to him and
caught him when new car was moved to let him go from between
side of car and elevator post and helped to bring him home

' on cot.

Dr. R. R. Johnson, Tallega, Ky., makes following
statement; Was called to attend Squire Crawford about 10.30
A. 1. morning of May 5th found him at his home resting
comfortably, pulse 72 per minute, respiration good, suffering
considerable pain at time also some tenderness over regoin
of bladder, external signs of injury, right side showed signs
of a brusse to the superficial layer of skin, no apparent
signs of fracture which would be likely hi the pelvis if any
present Caawford very much frightened and believes he is
hurt more than he really is.

 -3..

Willaam Gabbard, Athol, Ky., enployed on the river
by HP. CB Waller, makes the following statement regarding .
the accident at Waller morning of may 5th.

Was on t0p of same tier of ties of same car with
Squire Crawford, stapeling down the wires heard the freight
train come through the out, did not hear them come into the
spurat first, as Mr. Waller had told the hands he thought
the engine had gems to Tallega, after empties, and first knew
'of engine being on the Spur was when cars gave a start after
an ordinary coupling had been made, saw no brakeman at that
time, being busy with my work, the next think I heard was
Squire Crawford cry out "Eh Lordy" I then Went down off car
and found him pinned between posts of eleVator and car
L.S. & M.S. d 55887 trying to get out. By this time engine
crew had notice of trouble and moved slightly forward to
let hid loose and I helped to take him home. Being on
top of the tier of ties in the car I was staggered when the
cars were coupled, but kept my feet allright. All of us
were off our guard about engine account being told by Hr.
Waller he believed engine had gone to Talkaga after empties.

P. E. Kesheimer,
C.T.D.

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 2- ’.’ ' " ‘2. I ”'2’! jig-i,
CRATWORD v. L. 3: L. 3:. R. (30. t 3»
J “ Statements of ”iiimesses. '
Squire Crawford, age 29, fenily oi site, no children,
lives on my farm 3 miles from Tsllega Station, have nerkccl
for fir. {3 . 53. Ts’aller about 2 years, always watched cars on
the track, account of the noise 1219.23.52 ”my the engine of tie ~
hoist, this: :;mrning 1,, 25th, 1910,2179. were tacking: staples
over rsis to the 22:16.32 01‘ fine car, I was on east end leaning
aroma the come 1': 01‘ 32:21“, 6011‘3‘31 ciao, betwe on car and trestle
of tie hoist. I-‘iret Inlet; oi‘ engine being on the Sifiing' when
engine coupled on at west end, it made me lost my balance
and. fall between car anti. hoiet and the first post east of '
where 1 332-23, yincned me ageins-st side 01" car, heal no worn ing
i‘rom anyone , 32.120211 engine coming; as .11: was busy Else'snnerigg 23,1162
the some 03? In; nastier 3:22.” those oi the other men might have -
kept me from he string, to engine crime in on the sifting.
if: i .3. 1211:221' in - ;’-23."§_j‘(3‘, 212.1 the nor; ..-'or}: ing about
cars of;- timo tEa: ;'.ceicien'i; obhfi, beam}. the 'i'..ro.in pass ti'zrough
the out or. the main line :7:-322?: 15"":8‘51 they 1:02:15. {get out the
loads {3:15; men were Lizfizingg mu} to he rmved out, ‘imt Was
under the “11"1371'6'881011 engine 11322:. cu‘i', oii’ 32:26; :70nc to {33.115523
i'or esnjrties, cred had given the nan (his ini’onvzoton, after—
‘s’ferfie '»'-.2253 3.2"}?1’ i as to ecu: {':onéir. 5301211325 coming: tosx’srds me on b
tZe nlst mm of ltlifibel‘ ho 12.2; L, and. about the 23:31:25 t imc engine
couple-c1 on '1:-:.' cars hard, 23 alt. L111" :Lira'urs'i‘ord cry out , ave nt
to south eic‘ie of the car and found him pinned between side
of car ans one oi. ':2-as posts: of cllc tater , Zone the engine back
Slightly to release ‘.him and. semi eteti him. to 113.23 home on a
cot, 33:26 7212262 111'. TL. IT. Johnson called. to attend him.
m. Combs, 022' Jackson, 1333., Sonar. in on arge of
tr sin 1'70. 11 17.31;? 5th 10, out oi’f (21157:. and i' our v1 3;; cars am
went in on spur at Taller as cecal armton the plat form of
lumber heist Walking; ‘It’onor s; .31. 3.23 3.2—2.2; to see 211:. at work he
';Ji:-.—:l:2e(7.. to h we 3 one , .1 when Set within s'ne siting (ii stance
of him, he an brokenam 512322121122: 123.6 coupled. the flour cars
with O‘fi’m on to the 11 czus surf-23' (is were on 9..-gar, and. at this
time m'liéile trekonen 5:33:35 333;: '.‘fillimse haul reschml the second.
last car at rear end, 55262 kit-[11 him call to the men "look
out” ”oei’ore the coupling: was Liaise at head end, site 2? coupling
ho "is? er. maria heard the call for he 1}?) iron the man that
was pinned, and. \'Ciiii'b to his assistance.
as see Greer, stitiorimry engineer oi‘ the tie hoist
Operated. 1327-31 3. 7:2. .,l‘allcr, residence italic ga, Ky” makes
fellas-ring; statement in regard to accident to Squire Crawford.
~ morning of 213.3? 5th: -
Squire GreI-Jiiora and 3; were tacking staples over
Wires on side of car he on the ;zou’csi side and I on the north
side, I was on inside of car between the tiers of ties and.
Squire Crawford. was on the east and of car leaning fox-Ward
over siéle, heard the freight train come enough the out on

 -2-
main line, did not hear engine bell at any time'Was busy at
my work and may not have paid attention, it was good day
light at the time and the cars coupled together about as
usual, not harder than common. I lost my foot hold account
having one foot on a projecting tie that was wet and slippery
was also expecting engine to couple on at any time and kept
myself braced having heard the train pass through the cut on
main line, did not see Squire Cratf rd ntfall, but heard his
groans and looked over the south side of car saw him leaning
over one of the braced planks which support plumb posts of ele-
vator trestle; afterwards heard Crawford say was hurt about
the hens hips.

C. M. williams, of Lexington, Ky., middle brahenan
on Ho. ll Hay 5th states as follows;

Saw Squire Crawford on end of last car of the cut on
siding at Waller spur, working there, and when l was within
50 feet of him and the other men about the cars called as
loud as I could in and i raiders the MRI "Look outt this
was before the cars on the siding were coupled to, and I
believe the men had heard the engine coming in as the
engine 11 bell was ringing all the time, and l was letting
off the brakes and looking under the cars to see that there
was no obstruction on the rail. Did not see Crawford fall
but helped to get him out from between the car and the post
of tie elevator.

Barney Crawford, (Colored) age 27, brother of

Squire Crawford, hives on adjoining farm to Squire Crawford
was Within 8 feet of Squire Crawford did not hear the en—
gine acne in, or the coupling make on account of the noise
shout the cars I was on north side of the same car morning
of fay 5th and heard Squire Crawford make a noise on the
north side and went over and saw him falling, went to him and
caught him when was car was moved to let him go from between
side of car and elevator post and helped to bring him home

_ on cot.

Dr. R. R. Johnson, Tallega, Ky., makes following
statement; Was called to attend Squire Crawford about 10.50
A. 1. morning of jay 5th found him at his home resting ‘
comfortably, pulse 72 per minute, respiration good, suffering
considerable pain at time also some tenderness over regain
of bladder, external signs of injury, right side showed signs
of a bruise to the superficial layer of skin, no apparent
signs of fracture which would be likely ti the pelvis if any
present Caawford very much frightened and believes he is
hurt more than he really is.

 " I
_ ’ -3-
- Wiliesm Gabbard, Athol, Ky., employed on the river
by 3?. CE Waller, makes the following statement regarding
the accident at Waller morning of Ray 5th.
‘Fss on top of sane tier of ties of same ear with
Squire Crawford, stapeling down the wires heard the freight
train come through the cut, die not hear them come into the
’ spurst first, as fir. taller has told the hands he thought
the engine had gone to Tallega, after empties, and first knew
of engine being on the Spur was when cars gays a start after
an ordinary coupling had been mafle, saw no breheman at that
time, being busy with my work, the next think I heard Was
Squire Crawford cry out "Oh Lordy" I then Went sown off car
and found him tinned between posts of elevator and car
3.8. & 3.3. d 55887 trying to get out. By this time engine
crew had notice of trouble and movei slightly foreara to
let hi: loose she I halted to take him home. Being on
tor of the tier of ties in the car I was staggered when the
cars were coupled, but kept my feet allright. All of us
were off our guard about engine account being told by 1r.
Heller he believed engisa had gone to Ealkaga after empties.
, E. E. Kesheimer,
C I 3:. CD 0
> .7 .,'/l. = , .~

 n“
l. Squire Crawford Direct.
Q how if anything occurred to you there, I wish you would
some down here and in your OWn way explain to the jury how
it happened, what was you doing? -
A I was wiring the car; right here is the switch, here
is the main line from Jackson, it comes up here and backed
’ back on this switch for these cars back here, here is the
tie hoist, here is a little road coming up from the river, I
here is the L & E train; I was standing right here wiring t -
“a this car, bending over driving this stable in andcgt cane
F$&§
f3: eg'/;s back and made this coupling and knocked me down by the side
i XL“? J‘J,”
w’ / ‘ of the tie hoist on the side of the track and rolled m1:
v’ .
me over by the side of the tie hodstjfr
Q After they rolled you what did you do, what happened then?
A They was coming down there— it is up grade and when
the slack run out it loosened me up and I fell through and
the tie hays fellows come and helped me outE
. '1;!
-———-—-—-— Cross—
Q Were you on the end of the car? ~
A Yes sir.
Q Which end of the car? The front end or back end?
A The back end, the one towards Jackson.
Q Then you were on the far end the east end the end toward
Jackson of the last car?
A Yes sir.
Q And how near were you to the center of the car?
A I was right there on the hind end or the car.
Q The end is 4 or 5 feet wide, tell us hhere on that end,—
where you were on that end of the car?

 .W
-2_
§guire Urawggrd! direct.
Q when they caught you in that space and pushed and jammed
you in it——
—:— objection sustained
' Q When they came back there and struck that car, do you
' remember how far they pressed you back through here?
‘ A Remember how far back?
Q res, how far it was they pushed you back in between
that space?
A 1 can't state exactly how far it pushed-me.
Q has it been pointed out to you since by men who were
there and took you there and showed you?
A No sir, i don‘t know that it has.
Q When they came back there was there any bell rung?
- A No sir.
‘ Q Was there any whistle blown?
A No sir.
Q Did they send any of the train crew been there to notify
you?
A no sir.
2 Before they cane back there to couple on to that car .
did they ring any bell? flq
A no sir. “w
Q Previous to this time on these occasions when they would
come back there what would they do?
A They would always come back and watch out in coming in
there, blow a whistle and ring a bell. -”
Q at this time did they do those things? .
A No sir, nothing done.
Q With What kind of force or violence did these cars come
back and strike the car you was wbrking on?
o Awful hard. ' 9
Q ’ How hard was it compared with the way they usually come?
A it was unusual.
Q in order to couple the cars was it necessary for them“
to come back there that hard? 2”“ ’
. A no sir. ‘ ”
Q had they ever ceme 0333 there that hard before?
‘ 9‘ 9 A ‘ I never remember or them coming that hard,- it was up
.y grade and had 8 or 10 cars in there and it was up grade and
not necessity for them to come there that way. a
Q I wish ;ou would stand up now and take off your coat
and tell the Jury where it caught your 'hfifi
" A Caught me right through here. (indicating his hips).
Q Tell than now how it happened?
A they threw me off between the tie hoist and the side
or the car and rolled me right up this way over and over.
~ Q how Squire after they did that What did you do?
h After they done that 1 didn‘t do anything, i Wasnot
able to do anything, 1 Was fluidlnd to a post lubll they come '
and packed me out.
Q Who carried you away?
A Several of them, a whole lot 05 them carried me home,
~ 10 or 15 of them. '
c .
. om

 _N
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Squire Crawggrd, direct. '
Q Were you able to walk after thatz
A no sir, i couldn't hardly stand up; i couldn't hardly
bear for them to take me. I -
Q Tell the jury how it affected you otherwise?
A Well it affected me in my leg.
Q Where else did it affect you?
A Right through here, my stomach.
Q Did it affect you in the back?
_ A Yes sir. ,
Q Where else, Squire did it affect you?
A It effected me in having sexual intercourse. '
Q Were your sexual organs hurt in any way?
A Yes sir. ‘
Q Tell the jury how they were hurt; ,
A Well they were just naturally hurt. They was hurt, nearly ' i
killed me to make water and after making water the blood comes
and quite often 7 or 8 times in a night for a few nights 1
had to have the chamber, but it was not so much at a time but
i couldn't hold it,
dross—examinatigg.
Q now getting back to the occurence itself, you say you -
had been working there about a month?
A Yes sir, the best of my judgment.
Q Did you live in that neighborhood?
A Yes sir.
Q You say this work had been going on for 3 or 4 yearsr'
A Yes sir.
Q At this time there were 10 or 15 men working there on
those cars?
A Yes sir.
Q Now when you were hurt where were the other 15 men?
‘ A They was around there somewhere.
Q That don't answer the question, where Were they?
A They was wdrking, I duppose, there.
Q Don't you know anything about it?
A i guess i can't tell how many men were there.
Q Give the jury your best idea as to where these other
men were at the time you was wiring this car, at the time
the coupling was made? “I
A Some was wiring the same car. '
Q how many men were on the car you was on?
A I didn‘t count them, I Was attendingto the work i was
employed to do.
Q Can you give the jury any idea as to how many were on
the sane car with you and how many on the other cars?
A no sir, I don‘t know as i could, excepting 2 or 5 said
‘ they was——
x Q hot what anybody said, but what you remember about it '
’ what work Was going on just before you was hurt?
A Barney Crawford was wiring a car On one side.
% Who is Barney Crawford?

 ’i
_4_

Squire CrawfordI cross.

Q Is he any kin to you?

A he is my brother.

Q who else? -

A Jesse Grier.

Q Who else?
A Slickey Gavard, or Will is prOper.

Q Those are the witnesses you have here?
A Yes sir, i suppose they are.

Q Have you got all those other lb witnesses wheever they

' might have been?
A I didn't count# them anyway.
Q Didn't you testi;y to the jury Cdafi 01ers was 10 or 15
men working there? That many men employed?
A There was about that many carried me home that was an—
ployed at that place for C. B. Waller.
Q This was what time in the day?
A Between 8 and 9 o'clock.
Q In the morning?
A Yes sir.
Q had you worked there the day before?
A Yes sir.
Q You had been working there for about a month I believe
you said?
A Yes sir.
Q Explain to the jury just what the nature of that work
was,— what were you doing and what was the train doing?
A I was wiring the car.
Q What you were doing Was to get the ties out of the river
onto the platform and load them from the platform onto the
cars, is that not what you were doing, and what is going on
there?
A We was loading cars, the ties came from the river and
we put them in the ears.
Q And you were employed to help put than in the cars?
A Yes, 1 was employed to help load the cars.
Q q And after the ears were loaded wires were streached
over the ties and was stapled on to the side of the car to
keep than from rolling off, is that right?
A Yes sir.
I Q At this particular time you were stapling one of the cars
A Yes sir, driving the staple in the side of the car.
Q And that was the last car on the switch?
A Yes sir, it was the last car to go out.
Q How did you know it was to go out?
A It was loaded, i didn't know.
Q how did you know it was to go out? ‘
A They usually took them out.
Q how often did they take them out?
A They came in there every day when they didn’t junk the
track.
Q Don't you know they case in there every morning to get
- 1p these cars?

A thxn Sure I know it, when they didn't jump the track.

 -5-
Squire Crawford Cross
‘ ’ Q What do you mean by jumping the track?
A l have worked there and they didn‘t go in there.
Q Did you ever see them jump the track?
A No sir.
Q What are you talking about them jumping the track then,
when did you see them jump the track?
A I didn‘t see them. v
Q That has no connection with this case has it?
_:— Objection sustained. -
Q I will ask you if they did not come in there every day,
and if you didn't know they came in there every day to get
' these ties out at this same time?
A At that time.
Q Yes sir? , _
' A Some times they would not come at that time, some times
they come in the morning and some times in the evening.
Q I mean at this particular time you were working along
‘ at this season were they not coming in there every day for
the ties and to get the loaded cars?
A Why sure.
Q How many cars were you loading every day? 0
~ A Somewheres between 6 or 7 or 8.
Q And those cars had to go went, toward Lexington, and you
knew that?
A I don‘t know, I suppose they did, they had to get off
. the swotch. ’ ‘
Q Don't you know they Were switched off there to go west
and not to go to Jackson?
A I am not acquainted with that part of the business.
Q Don't you know the ties coming out there went to hex—
ington, Cincinnati and Louisville and didn't go back up to
Jackson?
A I can't tell which Way they was headed, what time i was
there I saw them all along the road.
Q Don't you know it was always the west bound train that
went in there and got those ties-— did you ever know of an »
east bound train to take them out, if so, tell us when it was?
, A I don't know much about the train business.
Q Where do you live?
A About a mile and a half from where I worked.
Q How long have you been loading ties there and helping
at that work?
A- I was helping at that time I think it might have been
about a month. ‘
Q And for years and years you have seen that work going on?
A Sure.
Q And don't you know these ties are loaded there on the
cars on that switch and taken out every mhrning on the early
morning train west bound, going toward merington and toward
.‘ the market?
—:— By the Court Maybe he don't know east from west.
Q Don't you know east from west?

 —6—

Sguire Crawford cross.
A I can't tell you now east from west.
Q If you were up there at the switch could you tell east
from west? “
A No sir, i am not an educated man.
Q You don't know which is west and which is east?
A No sir.
Q Were these cars taken toward Lexington or Jackson?
A These cars taken out of there I ca