xt73bk16mf8w_823 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. [676] N.P. Napier v. L&N, Perry Circuit Court text [676] N.P. Napier v. L&N, Perry Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_70/Folder_6/13252.pdf section false xt73bk16mf8w_823 xt73bk16mf8w V - ‘ I anus-2541's I
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' IN YOUR REPLY REFER “uh-.,., ; ~
TO DATE AND FILE No. iiii‘.‘ Ch £1~l917n
Messrs: . ijPISlifivi‘sn, ‘
Contract rat,
Zf’ii’th Street,
Lo 1 or ills , 1..
— Gent 3. an en:
3; maid satiric» that suit has been filed, 5;: tyled
1;. Lin. lénpier versus tn Louisville .3: 327$.é',2:-:3:‘vfill€2 1:33.225! CSEH~
he 71:; zimd L';::.j:_'3fliv:*n ghlé‘ita;..z , in ::h it is. naught i173 renew-r in
the 1:: Y3} a? igfij-i-CJDU for injury to (11’14‘31112‘15'T m tern, water-
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I vma‘ i ru‘ivifr-t t3“. 1. his '.' nit ‘7 one in win ch your
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Louisville 9:: iit‘es'n-rv:i~ll,e Eii’afill‘t‘rfl Germany to the. site at that you
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twill undrrtétsi‘c the entire defense of the": aims and hold it
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IN YOUR REPLY REFER
~. TO DATE AND FILE NO.
law—2
be unnecessary for us to go to any expense in ~prepraring it,
merely making: general denial of liability, since if a separate
defense- is prepared your Company would he burdened with the
cost 01‘ the seme- under the terms 0 if your contract.
Yours firmly,
. ’ " Chic ' Engineer of Construction.
Copy to»
{.:. G. Byers, set . Engineer, Jacks on, Ky.
d. J. Dono e, Asst. Dist. Attorney
13.4117:an, General Counsel, Lexins‘con, Ky.
Morgan 8.: Nuckols, Attorneys} Hazard , Ky.
M. Soergevni , Sup erintendent , Revenue, Ky.

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 JESS§\«9RGA‘9VH\1, I L i: LEWISA ‘JUCKOLS
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March 2, 1917.
Judge Samuel M. Wilson,
Lexington, Ky. l?
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Dear sir: N.?. Napier vs. I a N and Sullivan a Adams.
W“°“”‘am”*mw’ww* "‘“W‘a mmeamWMwflauW'WiMWifiE‘W
We have prepared and filed for the defendants in this oase,"”"“
a joint demurrer and Without waiving same, a joint answer. In the
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answer, we have Slley denied the daaage—te—tfieeeeeaeeay.
We do not knou'whother the judgment, if any, in this case,
will be eased upon such a state of facts as that Sullivan & Adams
should nay it and save the railroad company harmless. We take it
[that you will follOW the usual course of arranging this matter
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fig between the railroad commany and Sullivan & Adams without them
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i engaring in any controversy over it, in the case.
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‘ Yours very truly,
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 JESSE MORGAN LEW'SA NUCKOLS
MORGAN 5c NUCKOLS
\‘ Aftnrurgfi 211: 1521111
HAZARD, KY.
Feb. 21, 1917.
Judge Samuel M. Wilson, (NW 3 w-e.w
Lexingflun, Ky.
Dear sir:
Enclosed we hand you the usual copies of petition and docket
report in the case of N.P. Napier vs. L & N R.R. Co.
Yours very truly,
JM-L _ ,“

 \n
PERRY CIRCUIT COURT. '
N.P. Napier Plaintiff
vs. Petition.

L. & N. Railroad Co.,
Sullivan & Adams Defendants.

The plaintiff states that he is the owner of and in
the possession of the following boundaries of land situated 1
in Perry County, Kentucky, near hazard and that he was the owner
thereof and in the possession of same during the year 1916.
Said land is bounded as follows:- Situated, lying and being in
Perry County and the State of Kentucky, on the North Fork of the
Kentucky River, and bounded as follows: Beginning on the corner .
of lot No.2 in the partition and division of the landed estate of
john Walker, deceased; thence N 5 E 579% feet to a stake, corner
of lot No. 4 in said division; thence N 54 E 1590 feet to a stake;
thence S 58 W 214 feet to a stake; thence N 54-50 W 586 feet to
a stake; thence N 87-50 W 214% feet to the beginning, containing
5% acres more or less.

Also another tract, lying and being in the county of
Perry and state of kentueky on the north Fork of the Kentucky
River and bounded as follows: Being known as block No.5, and
part of block No. 2 of the John Walker farm; Beginning at a stake
on top of the spur, corner to Lot No. 4; thence S 52 W 14 poles
to a stake; thence N 54 W 149 poles to a stake on the river bank,
corner to JJot No. 2; thence with the river as it meanders, N 40 E
14 poles to the cross fence as it now stands, corner to Lot No. 4; ’
thence S 50 E 146 poles to the beginning, containing 15% acres,
more or less.

Also another tract, situated in said County and state
on the north Fork cf the Kentucky River, and bounded as follows:
Beginning at a stake and corner of Blocks Nos. 2 and 5 on the
bank of the river; thence S 40 W 4 poles to a stake; thence _
S 54 E 102 poles to a stake; thence N 40 E 4 poles to a stake
in line of Lot No. 5 and place of beginning, containing 2% acres,
more or less.

 .I,

. He states that the Louisville & Nashville Railroad
Company is a corporation duly organized and existing under the
laws of the state of Kentucky and its chief office and place of

. business is in Louisville, Kentucky, and its chief officer
Milton H. Smith. He states that said railroad company corporation
has a line built through Perry County and is engaged as a common
carrier and during 1916 was engaged in building a spur line to
a point at or near the portal of the tunnel on the west side of
the Nerth Fork of the Kentucky River in the corporate limits of
the town of Hazard, extending one mile down the “orth Fork of
the Kentucky River and that Sullivan and Adams were contractors,
agents and employees of said company engaged in the construction
of said Spur line, that the plaintiffs preperty located on the
east side of said river Opposite the point where said construc—
tion began at the portal of said tunnel and running along the
bank of said river parallel with said spur line about 800 feet.
He states that the land where said railroad Spur line was con—
structed opposite his said property was mostly solid rock, and
required heavy blasting of said rock, dirt and shale to reduce
same to grade. he states that defendant company through and
by negligence and wrongful acts of its agents and employees,
to-wit: Sullivan & Adams, contractors, in reducing said right
of way of said spur line to grade caused to and did place large
and heavy charges dynamite, powder and other high eXplosives in .
said rock, shale and dirt and blew the rock, stone, dirt and
debris across the river upon plaintiff's land described herein
which was only about 500 feet from the point where they were
blasting, blew large stones through the roof of his barn and
dwelling, and broke the windows from his dwelling and barn, and I
threw such quantities of stone, dirt and debris upon a water

2

 '.
melon patch and truck garden of onions, potatoes and other veg-
etables, that he had growing upon said ground, throwing rocks I

. into his orchard and destroying his apple trees, that totally _
destroyed said vegetable and melons, and broke in the roof and
injured his barn and dwelling to such an extent that there Will
have to be an entire new roof on his dwelling and upon his barn,

. to his damage in the sum of $240. He states that all of this
occurred during 1916, and that in blasting and blowing said
stone, rock, shale and dirt from said right of way that they put
large amounts of stone, rock and dirt over in the river and filled
up the channel of the river, Opposite his premises for a space of
thirty feet wide and 500 feet long and that by said filling of said
river channel changed the current and flow of the river upon
plaintiff's land upon the east side of said river, and caused a
strong flow of water to wash large sluices through his land and
by his bank, that the rises in the river have washed away and
destroyed a portion of his land 50 or 40 feet wide by 800 feet long,
and washed up and destroyed valuable shrubbery, trees and arowsths .
of timber that he had t4 preserve and protect his bank from wash-
ing away and destroying, and that said injury is permanent and
will continue unless the plaintiff builds a retaining wall 600
or 800 feet long by five feet high, and this injury was directly
caused by the wrongful acts of the defendant company, its agents
and employee in filling up said channel of said river. That his
land is in the corporate limits of the town of n‘azard and very
valuable, worth $250 to $400 per acre, and that by said wrongful,
negligent and illegal acts of the defendant company he had been
damaged to the sum of $1,000.

Plaintiff states that the defendant, Sullivan & Adams,
is a partnership company composed of J.T. Sullivan and C.W. Adams,
3

 MIS-PAGINATION

 k
and that their main place of business and chief office is mazard,
Kentucky.
Wherefore, the plaintiff, N.P. Napier prays a judgment
against the Louisville and Nashville Railroad Company and Sullivan
and Adams for the sum of $240 injury to his dwelling and barn,
watermelon patch and truck patch, and $$1,000 injury to his land.
Preys for the cost and all proner relief.
_ Eversole & Turner
The defendant, N.P. Napier, says that the statements
contained in this petition are true as he believes.
N.P. Napier. .
Subscribed and sworn to before me by N.P. Napier this
the 15 day of Eeb. 1917.
J.K.P. Turner, EX.P.C.C.
3