xt73bk16mf8w_911 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. Casebook: Wolfe, Powell, Lee, Breathitt, and Estill Counties text Casebook: Wolfe, Powell, Lee, Breathitt, and Estill Counties 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_75/Folder_3/10000.pdf section false xt73bk16mf8w_911 xt73bk16mf8w BPEATHITT CIRCUIT COURT.

Mary Fugate v. L. & N. R. Co.

. File No. 882.
Summons issued April 19, 1921, executed
April 21, 1921 and returnable 15th June, 1921
Attorney for plaintiff: J'. M. McDaniel.
Prayer: $2,500.00
Damages for humiliation suffered by reason of
failure of conductor to give her husband Joh
Fugate proper change when he delivered to
conductor a. twenty dollar bill to pay his
and her fare from a "non~resident" station
to Lexington on July 31, 1920, and damage

. for being compelled to lay out at night at
Camp Knox for lack of funds to pay for lodg-
ing. All result of conductor wantonly and
unlawfully failing to give John Fugate
"proper" change.

 BREATHITT CIRCUIT COURT. -

. John Fugate v. L. 8: N. R. Co.

File 1ND. 88]..

Summons issued April 19, 1921, executed April

20, 1921 and returnable 15th June, 1921. .

. Attorney for plaintiff: J.‘ Mott McDaniel.

Prayer: 332500.00

Damages for humiliation caused by failure of

conductor to give him proper change when he

gave conductor a twenty dollar hill to pay

fare for himself and wife from somewhere to

Lexington in July”; 1920, the somewhere alleged
. to be a non-ticket station in Breathitt County.

 BREATHITT CIRCUIT COURT.

Fleming Deaton v. L. & N. R. Co.
. File No. 880.

Summons issued tFarch 14, 1921, executed.
March 21, 1921 and returnable June,15, 1921.
Attorney for plaintiff: J. Mott McDaniel
Prayer:- $30,000.00.
Damages for injuries received. while working
in tunnel as section hand. Claims or at-
tempts to plead was at work in furtherance
of inter-state commerce.

 BPEATHITT CIRCUIT COURT.
. Sarah Gibbs v. L. & N. R. Co.
File No. 8'79. .
Summons issued March 11, 1921, executed March 12,
1921, and returnable 15th June, 19131.
Attorneys for plaintiff: Ryland C. lflusiek and
J". L. Stidham.
Prayer:- $5,000.00 -
Damages for injuries alleged while alighting
- from train at Chenowee, caused by negligence
of servants in charge of train by hurrying
her off causing her to fall and. spraining her
. ankle.

 BREATHITT CIRCUIT COURT.
. Elvin Campbell v. L. & N. R. 00.
File No. 878.
Summons issued March 10, 1921, executed March
12, 1921, and returnable 13th June, 1921.
Attorneys for Plaintiff: Ryland C. Musick.
Prayer: $1500.00.
Damages for injuries received while work for
defendan unloading Cinders from a "gon", and
while so engaged defendant's train or engine
was run against said "Gon" and threw plaintiff
" under same inflicting injuries for which he
wants $1,500.00.

 BREATHITT CERCUIT COURT.

. II. Gross v. L. 5:: R. Co.,
File No. 868.
Summons issued Fe‘::. 15, 1921, executed; Feb. 21,
one returna‘xgvle "arch 14, 1921.
Attorneys: for plaintiff“: R. C. ‘.’usiok and .J. L.
Stidham.
Prayer: 02000.00
Damages for a‘ouee and humiliatior‘. at hands of
conductor while a passenger on defendant’s
train from Jackson to Athol, Ky.

 BREATHITT CIRCUIT COURT.

Charles Orm V. L. & N. R. Co.

I File No. 867. ’
Summons issued.“eb. 15, 1921‘ Executed Feb. 21
1921, and returnable "arch 14, 1921.
Prayer: $1500.00
Attorney for plaintiff: Rylani C. Vusiek.
Damages for violation of an alleged contract
with defendant for transportation from J“:k-
son to “vendette. Also damaqcs for humiliation
etc. An attempt to join a tort with an action
on contract.

 - BREATHITT CIRCUIT COURT.

. a. H. Sparks; y. L. a: r. R. Co.
File No. 866.
Summ ns issued larch 4. 1321, executec Varch 4,
1921’ and returnable 13th of June, lQPl.
lttorneys for Plaintif7: R.C. Vusick and J. L.
Stidham.
Prayer: $499.00.
Damages ty reason of failure and refusal of
defendant to provide him a seat while holding
a first class passenger ticket from Chavies to
Jackson, Feb. 14, 1921.

 _HREATHI TT CI RCUI “‘ COURT .

. Harlan Rice v. L. :9: N. R. Co.
File No. 865.
Summons; issued Feb. 25, 1921, executed Feb. 25,
1921, and returnable T’arcli 14th, 1921.
Prayer: $1500.00
Attorney for Plaintiff: Rylrard C. Elusiclz.
Damages for failure of compzmy to deliver
telegram from" brother Charles Rice advising;
him of the death of Curt Rice. Disappointmei'm
and. Zirjef are the claims averrer for damages.

 BREATIflTT CIRCUIT COURT.
. Samuel Lunsford vs. L. & N. R. Co. and O. & K.
File No. 855.
Summons issued Jan. 10, 1921, executed Jan. 18,
1921, and. returnable March 14, 1921.
Damages for cew killed by train on 0. 8a K. P..Co.
Prayer: $150.00
Attorneys for plaintiff: T.T. Cope & E.C. Hyden.
6
O

 BREATHITT CIRCUIT COURT.

. Letcher Spencer vs. L. 8c N. R. 00.
File No. 841.
Summons issued Oct. 23, 1920, executed 27th
October, 1920, and returnable 7th Nov. 1920.
Attorney for Plaintiff: South Strong.
Prayer: $5000.00
Damages for permanent injuries to his leg
caused by coming in contact with poisons
left on right of way, while he was cutting
weeds off of right of way for defendant.

‘. Demurrer filed Novemter term.
Answer filed November term.
Motion filed to require plaintiff to submit
to a physical examination.

 BREATHITT CIRCUIT COURT.
Elhannon Miller by Guardian vs. L. & N.R.Co.
. Summons issued 4th Deeember, 1920, executed
15th January, 1921 and returnable 14th March.
File No. 854.
Attorney 1‘Eor Plaintiff: Ryland C. Musick.
Prayer: $2,500.00
Damages for injuries received while working
for defendant company as section hand caused
by tie being thrown on his foot.
_,. SETTLED.

 BREATHITT CIRCUIT COURT.
. Edward Turner, Admr. of Silbert Turner,
VS. Lo .86 N- RORO CO.
File 855.
Attorney for plaintiff, Ervine Turner and
Grannis Back.
Prayer: $20,000.00
Summons issued 8th Jan. 1921, executed 13th
January, 1921 and returnable 14th March, 1921
Petition alleges damgges to estate of Silbert
Turner for his death which is averred to have
been caused by being run over by defendant's
‘. train near Chavies, Perry County, Ky.

 BREATHITT CIRCUIT COURT.

' . JONNIE HOWARD v. L. 8c N. R. co.
File No. 852.
Summons issued 4th December, 1920, executed
January 15, 1921, and returnable 14th March,
1921.
Attorney for plaintiff, Ryland C. Musick.
Prayer: $5000.00
Petttion alleges injuries received while
working for defendant by large timber falling
to ground and tearing finger from hand and
injuring leg and arm.

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 \
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 ‘ 250

' BREATHITT CIRCUIT COURT

Jackson Lumber 8; Supply Co. v. L 81: N, et a1.
. File No. 776

Summons issued May 26, 1920. Exec. May 28,

1920, returnable 14th June, 1.920.

‘ Damages claimed by reason oi“ erroneously
wording a telegram sent by plaintiff to
Chestnut Lumber Co., cver defendant’s line.
Allegation is that 11.110116. Elace in telegram
was Changed to price.

‘ Atty. for Plff. Ryland C . Musick.

Prayer: $62.71 and interest. . .
June 15-, 1920. Demurrer to Petition sus=
tuinec‘...

. Co1:ti::ued to Special TGI‘T’Z, Aug. 23rd.

 251,
BREATHITT CIRCUIT COURT.
Charlie Brewer vs. Hines, Dir. Gen.
Suit filed:

For infiuries to Plff.'s hand, suetained
while in employ of Deft. Alleges hand to
have been injured in such a way as to
render fingers permanently useless.

E. C. Hyden, Attorney for Plff.

Prayer: $ 1000.

June 1920 Term.

Denurrer to Petition sustained; Plff.

amended; Court sustained kat.'s motion
. to make allegations more specific and

definite; Plff. filed second amendment;
' '5?.1b g 5:... ' .. I

 BREATHITT CIRCUIT COURT. 252,

M0 Go Center VB. L 8C No

File # 755.

. Suit filed: March 15th, 1919.

For injuries received when Plff. was
struck by L 8c N train No.1, near depot in
Jackson, Apr. 13, 1918. ~

Ryland C. Musick, Atty. for Plff.

Prayer: 5 10,000.

June 1920 Term.
9. R.R. dismissed as Deft.; Pet. amended
‘ making Director Gen. Deft.
. Gen. Demurrer _and Answer filed.

D6ft. moves Court to strike from Pet.
the following words: "his future possibil-
ities greatly injured." 7

Continued to Special Term, Aug. ,23rd'.'20.

 253,
BREATHITT CIRCUIT COURT.
Martha Combs vs. L & N.
File # 756.
. Suit filed:

Plff. alleges injury to health caused
by being forced to ride in smoking car with
drunk and boisterous men, which frightened
her and caused her to suffer from nervous
prostration. -

E. Co Hy'den, Atty. for Plffo

Prayer: $ 5000.

, Amended Pet., making Dir. General Daft.
' filed

 I 254,
BREATHITT CIRCUIT COURT.
D. B. Crawford's Admrx. vs. Dir. Genera]...
File # '75'7.
. Suit filed: June ____, 1919. (Same
as filed against L. as N. Mch. 2131;, 1919.)
Death case. D. B. Crawford killed.
while crossing: Deftfls line near Athol
Station, Ky., 3151: Oct. 1918.
Kash & Bach, Attys.‘ for Plff.
Prayer: $50,000.
Answer filed: Oct. ___, 1919.
Amended Ans. filed .3: Jan. 1920.
. Case cbntinued, Jan. 17, 1920. '
O

 255,
BREATHITT CIRCUIT COURT.
Bruce Cundiff vs. Hines, Dir. Gen.

. File # 758.

Suit filed: "x ' , 1919.

Injuries received by Pli‘f. while
alighting from Deft.'s train at Chenowee,
about 10 o'clock, on night of June 3, 1919;
struck by moving freight on siding.

Ryland C. Musick, Atty. for Plff.

Prayer: $ 3000.
Gen. Dem. to Petition filed , 1919.”
Answer filed Jan. , 1920.

. , 1920, Deft. moves to strike
from Plff's Pet. the words, "which defendant
Carelessly and negligently continued to move
off down track." .

 256,
BREATHITT CIRCUIT COURT.
Stephen Cundiff, by &c., vs. Hines, Dir.G.
File # 759.
. Suit filed: , 1919.

For alleged injuries received by Plfi‘.
near Chenowee Station, caused by block of
coal from Deft.'s passing train being
thrown against his leg.

Atty. for Plff.

Prayer: $ 1000.

___“ ___, 1919, Gen. Dem. to Pet. filed. .
Jan. _, 1920, Answer filed.

0

O

 25%,
BREATHITTQMARTEREY COURT.
A.R.Graham vs. Dir. Gen., and wm. Bailey.

. File # '760.

Suit filed: June 1919. .
For recovery of box of freight (harness)
in possession of Deft.'s agent at Jackson,
and damages for delay.

. Thos. Cope, Atty. for Deft. -
Prayer: 3 110.

, writ of delivery to Plff.
execu{e5.

, Deft.'s Motion, to discharge
writ of delivery, sustained.

. " , 1919, Trialiof case. Verdict for
Plff. Appealed to Circuit Court. Set for
trial Jan. 1920 Term. ‘

. In File ¥ 760 are also papers concerning
case of Cincinnati Hay & Grain CO. vs. A. R.
Graham,(Breathitt Quarterly Court) to which
Graham attempted to make L & N a party.

 258,
BREATHITT CIRCUIT COURT.
ThOSo Haddix VS. L0 860 N.
File # 761.
. Suit filed Sept. 25th, 1918.
For injuries alleged to have been suffered
when struck by Deft.'s train while loading
steel on to his wagon by side of railroad
track near Hamden, Perry Co., Ky.
South Strong, Atty.for Plff.
Prayer: 3 10,000.
V June 1920 Term.
Dir. Gen. made left. by Amended Pet.

 ' 259,
BREATHITT CIRCUIT COURT.
Willie Hollon vs. Director General.
File # 762.

. Suit filed: , Jan. 1920. ,
For alleged injuries received when 2 hand-
cars were wrecked by an open switch, on the
second of which cars, the plff. was riding
to work.

Ryland C. musick, Atty. for Plff.
Prayer: $ 2500.
Settled.- June 15, 1920; ‘7 .

. >1: 1: at >9: * an 1: *

 26,0.
BREATHITT CIRCUIT COURT.
Alice Hughes vs. L & N.
File # 765.
. Suit filed : June 6, 1919.
For killing horse, night of May 11th, 1918,
near Whick, Kentucky.
E.C. Hyden, Atty, for Plff.
Prayer: $200.
Answer filed Oct. 4, 1919.
Plff. filed Reply
Jan. 1920 Term. Case continued until June Term.
0 . i ,
O

 261,
BREATHITT CIRCUIT COURT.
' Chas. Little, by etc., vs. L & N.
File # 764.
. Suit filed June , 1918.

For personal injuries received while
unloading rails for Deft. near Oakdale, Ky.
Alleges he Was struck by rail.

Kash & Bach, Attys. for Plff.

Prayer: $ 2500.

Settled - June 24th, 1920.

 262,
BREATEEETT CIRCUIT COURT.
E. L. Noble vs. L & N. (Live stock suit)
File # 765.
. Suit filed: Sept. 16, 1918.
Alleged damage to shipment of cattle
from Athol, Ky. to Cincinnati, , V ,
191‘7.
Atty. for Plff. ‘ -, l
- , Gen. Dem. to Pet. filed.
, Answer filed. _
. Sept. 4, 1920. Order entered directing
personal attendance of certain witnesses
for defendant.

 263,
BREATKITT CIRCUIT COURT. ‘3
Sallie Belle Little vs. L 8c N. "
Jae. Otto Little vs. L 86 N. f
. Pearl Little vs. L 8c N. '
Files, /Vos.766, 767, 763.
Suite filed, March 2151:, 1919.
Damages for being carried 1 mile
beyond destination (Elkatawa, Ky.) and 1918.
compelled to walk back in cold rain.Dec. 21 ,A
Sallie Belle Little alleges some personal
injury from sudden starting of train.
Prayer: $1000. in each suit.
W. S. Hogg, Atty. fpr Plff.

 264,

BREATHITT CIRCUIT COURT.

E. L. Noble vs. Director Gen. and Evans

& Creech. (Grain & feed case.)

. File # 759.
Suit filed: ” , 1919.
Damages on account of failure to deliver
within reasonable time shipment of linseed
meal, hog tankage and cats, from Lexington,
to Athol, Ky.(which Evans & Creech had pur-
chased for him.)
, Atty. for Plff.
Prayer: s 580.00
Sept. 3, 1920. Demurrer to Pet. sustained
. and to 1st paragraph of Amended Pet., to
which plff. excepts; but overruled as to
last paragraph of Am. Pet., to which deft.
excepts.

Plff. filed 2nd Amd. Pet., Gen. Demurrer
to which is sustained, to which plff. ex-
cepts.

?eft. files Answer; Plff. files Motion
to Strike from Answer, which is sustained
by Court, and deft. excepts.

 265,
- BREATHITT CIRCUIT COURT.
_ John O'Riley vs. Hines, Dir. Gen.
Files #770. .
. Suit filed: , 1919.
For balance of wages as janitor at 7
Jackson depot, alleged to be due him.
Ryland C. Mhsick, Atty. for Plff. .
Prayer: $ 95.45
June 1920 Term.
0
O

 ‘ 266,
BREATHITT CIRCUIT COURT.
Houston Spencer, by &c., vs. Hines, tfir. Gen.

File # 771.

. 2 Suit filed: ~'« ,1919.

Damages for personal injuries
received by Plff. while section hand in
employ of Deft. Right leg broken when
struck by steel rail.

Atty. for Plff. .

Prayer: $ 5000.

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 267,
BREATHITT CIRCUIT COURT.
Shade L. Spicer vs. Hines, Dir. Gen.
File # 772.

. Suit filed , 1920. ‘
For alleged permanent injuries to Plff.
while in employ of Deft. sustained when
hand car on which he was riding struck a
rock, negligently left on track by Deft.

, Atty. for Plff.
Prayer: $ 25,000.

 268,
BREATIIETT CIRCUIT COURT. f
Floyd Russell vs. Hines, Dir. Gen.
. File # 7'74.

Suit filed: June , 1919.

Plff. alleges injury to hand, while work—. ‘
ing as section hand near Haddix, Ky., sus- ‘
tained when hand was caught between two ;
heavy timbers. 1

Prayer: $ 5000.

Alfred M. Russell, Kash & Bach, Attys. '

for Plff. .

 269,
BREATHITT CIRCUIT COURT.
Blaine Short v. L & N. R. R. 00.,
File # 775.
. Suit filed: March 21, 1919.
For injury to shipment of 20 horses and
\ four mules, sent from Louisville to Jackson,
' ' caused by alleged careless handling and
starving of said stock, while en route.
W. S. Hogg, Atty. for Plff.
Prayer: $265.
.L , .

 270,
BREATHITT CIRCUIT COURT.
Anderson Henson vs. L & N R CO.,
. File # 796

Summons issued July 9th, 1920; exec. July

10th, 1920; returnable Nov. 8th, 1920.

For permanent injuries sustained while in
employ of defendant, while riding on hand car
near Whick. He avers a pole was permitted to
escape from car by carelessness of defendant,
piercing his abdomen and causing permanent
injuries.

$ 10,000. damages alleged; no paayer.

South Strong, Atty. for Plff.

 2 71,
BREATHITT CIRCUIT COURT.
V Amanda Berger vs. John Barton Payne, Agt. &c.,
~ 'and L 8c N-
. File # 297.
Summons issued: July 14th, 1920; exec. July 15;
returnable, Nov. 8th, 1920.

For injurieshresulting from.negligence of
fiefendant in§plaintiff to Corbin, While a
passenger on a ticket from Cincinnati to
Jackson, requiring her to return in the night
to make train for Jackson.

Prayer: $ 500.

A. S. Johnson, Atty. for Plff.

 878,
PF?ATH1TT CIRCUIT COURT.
Mary Osborn vs. L & N R Co. & J. B. Payne,Agt.
File # 799.
Summons issued July 10, 1920; exec. July
16th, 1820; returnable Nova 8th, 1920.
Damages for injuries received while a
passenger from Dumont to Galloway Crossing
resulting from failure to furnish plaintiff
with a seat; from discourtesies and rough
treatment on part of conductor; and loss
of baggage.
Prayer: $2500, $5000, and 35C. respectively
for above three causes of damage”
South Strong, Atty. for Plff.

 273,
EEEATHITT QUARTERLY COURT.
Sarry Conley vs. L & N.R. Co.
File # 801; '
. Summons issued 31 June 1980; exec, June
24th,19303 returnable 27th July, 1920.
For value of trunk delivered to
deft. as baggage at Seco, Ky. on Ech. 13,
1920, on a ticket purchased by her at Seco
for Jackson,
(Note.— Att . for lff. is evidentl labor-
P
ing unier impression that he can prove
value of contents of trunk unier this
petitione)

. (Note — Plff. has interlined petition at-
tempting to plead in the alternative, that
she bought a ticket or paid a cash fare.)

o . A .
Prayer. 9 75.00
Attys. for Plff., Dunn and Chiliers.

 274,
PPFATHITT CIRCUIT COUPT,
Mike Robinson vs. L & N., & Rufus Miller.
File # 783.
Suit filed: Dec. 1917iffirémfip/W%,ayiw/
For recovery of value of 2 horses,
killej on track near Elkatawa, on night
of Nov. 11, 1917.
Prayer: $300.
Chester A. Back, Atty. for Plff.
Jan. 1918. Answer filed. Amended Ans.
filed _ ‘_.
July 1918 Term, Trial of case“ Motion
~ for peremptory instruction for deft.
‘. overruled; case submitted to jury;
‘ verdict for defendant.
.Januery 1918 Term.

Jan. 18 - Plffs.’ motion for new trial,
on ground of newly iisoovered eviienoe,
sustained by Court, to which isft. excepts

July 1919 Term. No court.
Jan. 1920 Term.
Jan. 15 — Trial of ease; hung jury.

 275,
BREATHITT CIRCUIT COURT. '
Henry White vs. L & N R Co“,
File # 802.

Suit filed March 111;) 1320.

For injuries sustained by plff. on May
23, 1919, when he was thrown from levercar
ani run over, flue to allege: negligence of
ieft.

Prayer: 3 750 for loss of time;
.QSOOO " damages.
Atty. for Plff. _er-_____m-MWer.

 276,
Breathitt Circuit Court.
File # 810.
. W. N. Cope vs. L. & N. R. Co.,
Summons issued Aug. 5, 1920; exec.
Aug. 17, 1920; returnable Nov. 8, 1920.
Damages by reason of failure to
deliver to him telegram, and delivery of
v same to wrong person, whereby said person
was placed in possession of valuable infor-
mation, enabling him to prevent a deal
plaintiff had on hand.
‘ Prayer: $5000.00
Atty. for plff.: W. N. Cope.

 y 277,
BREATHITT CIRCUIT COURT.
J. H. Turner, et al., vs. L. & N.
. File # 811.
Summons issued Aug. 5, 1920; executed
Aug. 17, 1920; returnable Nov. 8, 1920.
Damages for delay in shipment of
cases loaded at Athol, Ky., and consigned
to Wells Station in Morgan County; also
damages for loss of 700 feet of said cas-
ing in transit.
Prayer: $1600.
W. N. Cope, Atty. for Plff.

 278,
BREATHITT CIRCUIT COURT. '
Lee Ann Vires vs. L. & N. R. Co.
. File # 812.
Summons issued Aug. 17, 1920; executed
Aug. 17, 1920; returnable 8th Nov. 1920.
Permanent injuries received while
trying to cross under a train standing in
yard at Jackson. She avers train remained
across public crossing for an unreason-
able 1ength of time, and attempts to
justify thereby her contributory negligence
in attempting to cross between cars.
Prayer: $25,000.
E. T. Ashcraft and J. F. Sutton,Attys.
. for Plaintiff._

 279,
BREATHITT CIRCUIT COURT.
Tom Turner vs. L. & N.
. File # 81.5.
Summons issued July 31st, 1920;
exec. Aug. 17, 1920; returnable Nov. 8th;
' Damages for permanent injuries
received while employed as a section hand
for defendant. Claims injuries caused by
negligent operation of derrick by defend-
ant, whereby steel rails were caused to
strike plaintiff.
Prayer: $6,000.
Ryland C. MHsick, Atty. for Plff.

 280,
BREATHITT C COURT.
Geo. Wriley vs. L. & N.
fi File # 814.
Summons issued July 31, 1920; exec.
Aug. 2, 1920; returnable Sept. 7, 1920.
For money alleged to be due for
labkr in January 1920, as a section hand.
Prayeri $28.60
Iunn & Childers, Attys. for Plff.
O
O

 281,
JACKSON POLICE COURT,
Breathitt County.
8. H. Russe11,vs. L. & N. R. 0.,
. File # 815.

Summons issued Aug. 19, 1920; exec.
Sept. 10th, 1920; returnable Oct. 4, 1920.
For value of heifer killed by deft.'s
train in June 1920. '

Prayer: $60.00
Alfred Russell, Atty. for Plff.

 282,

BREATHITT CIRCUIT COURT.

Levy Cope vs. L 8c N and John Barton Payne.
. File # 816.

Summons issued Aug. 25, 1920;
exec. Aug. 25; returnable Nov. 8, 1920.

Alleges permanent injuries sustained
when violently thrown from train on Aug.
20, 1920; teeth knocked out, body lacer-
ated, internal injuries.

Prayer: $10,000.

South Strong, Atty. for Plff.

 285,
BREATHITT CIRCUIT COURT.
Mary Cecil Back vs. L. & N. & John B.Payne.
. File # 81?.
Petition filed Aug. 18, 1920; Amended
Petitihn filed Sept. lst, 1920; process
on petitions executed Sept. 7, 1920; retnb.
8th va. 1920. .
Damages for injuries sustained when
she fell while alighting from train at
Heidelberg, her destination, fall being
due to negligence of deft.'s servants, etc.
Prayer: $10,000.
J. M. McDaniel, Atty. for Plff.

 ‘ 284,
BREATHITT CIRCUIT COURT.
Maggie Linch vs. L. & N. R. Co.
File # 818.
" Summons issued Sept. 17, 1920; exec.
Sept. 21, 1920; returnable Nov.8, 1920.
Damages for death of plff.'s husband
which she alleges was due to deft.'s
negligence. After being hurt in mine
accident, while en route to hospital at
Lexington, he was dragged in colored
coach and laid on floor, thereby causing
his death.
Prayer: $2,000.
R. A. Dunn, Atty. for Plff.

 285,
JACKSON POLI CE COURT .
, John Haddix vs. L. & N.
File # 851.
. Summons issued Oct. 7, l920; executed
October 9, 1920; returnable Oct. 26, 1920.
Value of heifer killed in August, 1920. '
Prayer : $75.00
John E. Patrick, Atty. for Plff.
O
O

 286,
JACKSON POLICE COURT.
Thomas Haddix vs. L & N
File # 832.
" Summons issued Oct. 7, 1920; exec.
Oct. 9, 1920; returnable October 26, 1920.
For value of steer killed in
August 1920.
Prayer: $40.00 3
John Patrick, Atty. for Plff.
O
O

 287,
JACKSO'i-3 POLICE COURT;
Al McIntosh Vs. L 8;: N.
. File # 833.
Summons issued Oct. '7, 1920; executed
Oct. 9, 1920; returnable Oct. 26, 1920.
Value of steer killed in August 1920.
Prayer: $340.00.
JothB. Patrick, Atty. for Plf’f.
O
O

 388,
BREATPITT CIRCUIT COURT,
Stephen Creech vs. L & N.
. File # 836.
Summons issued Oct. 29, 1920; exec.
Oct. 29, 1930; returnable Nov. 8, 1920,
Injuries received while working as a
laborer for ieft. on its track near Jackson
Depot, by being run over by ieft.'s train.
Prayer: $30CO.
E. C. Hyien, Atty. for plff.

 889,
BREATHITT CIPCUIT COURT
Stephen Jackson, by &c., v. L & N.
. File # 837.
Summons issuei Nov. 15, 1920; executei
; returnable ist Moniay
March 1381.

For allegei injuries receivei by being
forcibly thrown ani kickei from passenger
train while running at full speed, by the
conductor, ani after he hai surrenierei
his ticket to the ooniuotor.

Prayer: $85,000.
E. C._Hyien, Atty. for Plff.

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,2 Jan.l2,1916, Deft. moved to dismiss because
“/ plff. fails to show authority to sue as next
friend.
Jan. 13, On motion of deft. a rule is awarded
against plff. requiring her to giVe bond for
‘ costs. Plff. filed Affidavit and moved the
court to be allowed to sue in forma pauperis,
and motion sustained.
Demurrer to pet. filed, and same sustained &
leave given plff. to amend.
Jan. 15, Amended Pet. filed. Ans. filed &
by agreement the affirmative matter is con-
troverted of record. Order empaneling jury. 2
Trial not completed jury adjourned over
until tomorrow. .
. Jan. 16, Trial not completed; Jury adjourned
over till tomorrow.
Jan. 17, verdict and Judgment for Plff. for
d250.00.
Jan. 19, Deft. filed motion & grounds for
New Trial.
Jan. El, Motion for new trial overruled.
Def . excepts & given until 15th day of next
term to Iile bill of exceptions. (OVER)

 Feb. 2’, 1916, Gertrude Conley official
Stenographer allowed $5.00 for reporting; trial
to be paid by deft.
Feb. 3, 1916, By consent, the order over- .
ruling motion for new trial is set aside
and a new trial granted.
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Feb.l, 1917, Hearing of motion and grounds
for new trial continued until next term.
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 BBBATHITT CIRCUIT COURT.
Marion Pugh, Admr. of the estate of Mason Pugh,
. deceased, v. L 62 N R R Co.
Filed gift
File No.51Q / 77/'
Summons issued Nov. 3, executed Nov. c,
Returnable Dec. b, 1915.
J.M.McDaniel, Atty. for Plff.
Prayer $50,000.00
Plii. sues for damages for the death of his
decedent Whom he alleges was run over and
killed by the deft. by backing its engine over
said Pugh in a grossly negligent and careless
‘.’ manner. At the time said Pugh was walKing
along the track of deft. in Jackson at a place 1
; which is alleged to have been habitually used
by pedestrians as a footway with the knowledge
& acquiescence or deft. for a number of yrs. &
at a place Where the presence of pedestrians n a
was reasonably to be anticipated. ,
1
Jan. 8, 1916, On motion plff. dismissed without ~
prejudice and judgment for defts. costs.
Feb. 4, 1916, Order dismissing set aside. '
Julywerm 1917 — Verdict for 115,000.00 ._-
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 BREATHITT CIRCUIT COURT.
Charles Terry,Admr. estate of Jno.Hill,dec'd.,
mil.“ & N R R Co.
. ffifle No. 536.
Summons issued Jan. 20, 1916.¢7£W .
Plaintiff alleges death of loge-Pies m,
Jan. 1, 1916, caused by gross negligence of
deft. in constructing a pier in the middle
of Troublesome Creek; that plaintiff while
coming down said stream on a raft was dashed
against said pier and drowned.
J.M.McDaniel, Atty. for Plff.
Prayerzg525, 000.00. ‘
July Term 1917- Amended Petition filed-
Continued at 1 int' "' '
July 12, Deft. filed fer‘ri tglgefiq.c§r§(lb'zms.
" 18, Reply filed.
“ 29, Plff. filed 2nd Amd. Pet. & deft.
not being before court on same, case
, continued, & judgment for defts costs. ‘
Deft. moves for rule against pli‘f. to
verify 2nd Amd. Pet., rule granted,
. ‘ returnable 36th day present term.

 390
BREATHITT CIRCUIT COURT.
L & N v. Jerry M. Deaton
”file No. 614.‘
. Suit filed Aug. 1916.
Suit to enjoin plaintiff from feeding hogs
etc. on right of way near Whick,Ky.
Restraining Order issued and served on Daft.
Aug. 2, 1916.

Aug. 31, 1916, Motion to dissolve the 01d re-
straining order granted by clerk overruled
and motion of plff. for temporary restrain-
ing order granted.

Oct. 4, Amd. Pet. filed in vacation noted of rec-
0rd.

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‘ 73:111-;Tlili": CITLCUI’D COURT.
} Elvin Lindon v. 3&11 2221 Go. A
: M.
:‘.‘fi/le Ho. 55".
. Summons executed Sept. 27, 1915.
Claim fo