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LOUISVILLE & NASHVILLE RAILROAD COMPANY I I
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Jackson, K33, May 2?, 1917.
. Jas. Salyer, next friend, v. 38:11.

Jreathi’ct Circuit Court.
April Term, 1915.

Apr. 7, 1915, Daft. filed Dpecial Demurrer to Petition.

Apr. 21, 1 Special Dem. to E’Gtition sustained.

NOTE:
No subsequent orders except orders of oontinumme.

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Breathitt Circuit Court.
James Salyers, next friend of
Thomas Salyers Plaintiff
' vs. = Petition.
. ‘ Louisville & Nashville Railroad Company Defendant.

The plaintiff, James Salyers, states that he is the

father of Thomas Salyers, an infant 16 years of age, and that he
brings this suit for the use and benefit of said ihomas Salyersq

' having this day filed his affidavit showing his right to sue in
said capacity.

Plaintiff states that the defendant, Louisville & Nash—
ville Railroad Company is a corporation organized under the laws
of the state of Kentucky, with power to sue and be sued and to
contract and be contracted with.

Plaintiff states that on or about June 20th, 1914,
that this defendant employed and had in its employ, his said in—
fant son, and on said date that the said son was permanently
injured in his side, back, head, nerves, mind and to someextent

, in all tarts of his body and functions thereof by and through the
gross negligence and carelessness of the defendant.

Plaintiff states that his said son Was employed as a
member of an extra gang when he was only 15 years of age and

I ordered and directed to do 53E£ at dangerous and injurious ocy
cupation to life and limb with a ”jack" used in hoisting rails
on its track; that said jack was old, worn and defective in each

' and all of its parts, and that While he was at work akxxamzxxx
with same the line bar of same was caused by and through the den—
facts of said jack to fly up and hit him in his sideq,body and
head and injure-him permanently as aforesaid. .

Plaintiff states that his said son did not know attthe
time, that said Jack. was defective, but that the defendant did,

. know same and had been warned and notified.that said jack was
defective, dangerous and that knowing same he ordered and directed

 I’

~ 2
his said son to work with same knowing that he Was young and in—
experienced and unacquainted with the dnagers of the work and of
working with the said instrument; and in addition to the above I
negligence and carelessness.it failed to warn and instruct him
of the dangers incident to its use or the defective condition of
said jack;;and in addition to all of same failed to use ordinary
care-in furnishing him reasonably competent and efflicient co—
servants.with which to work with the said Jack, and that he was
injured by and through each and all of the aforesaid acts and
omissions of the defendant;;and furthermore by its gross care~
lessness and negligence and that his injuries were also causedL
and contributed in the open violation by defendant of Section
331a of the Ky. Statutes and by the independent employing his.son
under 16 years of age and compelling and causing him to Work at
an occupation dangerous and injuries to the life and limb of his
said son.

' Plaintiff states that the foreman of his infant son.
was present and ordered and directed him to do the work which he
was attempting to do when injured as aforesaid, and that the
dangers and defects were not so dangerous as to preclude a per-
son of ordinary intelligence from carrying out the order of his
superior in authority.

Plaintiff says that on account of said injury that his
son was causedzto suffer and still suffers, and will alwaya.con~
tinue to suffer great physical pain and mental anguish, and that
his son has not been able to Work as theretofore, and has lost
about seven months valuable time.at one Dollar ($1.40) and
Forty Cents a day; and that his power to labor and earn money
has been permanently impaired;:ala> that he has been since said
time injured in his mind, and has not the same mental power and

' control of himself as theretofore;;and that he has been damaged
’ by the defendant as hereinbefore stated in the sum of Twenty
Thousand; ($20,000.00) Dollarsu

 3.
. 3;

Wherefore plaintiff prays for judgment against the
defendants for the sum of $20,000.00; for his cost and all_prop-
er relief.

g,M. McDanie;
y Attorney for Plaintiff.
State of Kentucky, ‘
Set:
County of Breathitt.

The affiant, Thomas Salyers, says that the averments

of the foregoing petition are true as-ne verily believes.
. James Salyers-
Subscribed and SWOrn to before me by Thomas Salyers
this the 3m; day of January, 1915. '
Gertruge anlex, w
Notary Public, Breathitt Couny,
Ky. my commission expires
January 20, 1918.