Prince William County Virginia Clerk’s Loose Papers



Download 2.52 Mb.
Page12/48
Date23.04.2018
Size2.52 Mb.
1   ...   8   9   10   11   12   13   14   15   ...   48

By Mr. Moore

Q. How many poles were there? A. Four or five.

Q. Which makes about 240 or 300 yards. A. About 240 or 50 yards, that’s what I estimate it.

Q. You know one train was going twelve to fifteen miles an hour and the other twenty or twenty-five miles an hour? A. I don’t know anything about that, I wasn’t there.

Q. What is the degree of that curve. A. It runs about this way (indicating)

Q. What is the degree? A. What do you mean?

Q. How sharp? A. It is not real sharp.

Q. It is a sort of serpentine piece of road? A. Goes right around.

Q. Not much of a curve? A. Not like some curves you know. Of course it is not as deep a curve as some parts you know.

Q. Do you know the grade percentage? A. You go down a little dip.

Q. What percentage; you are a railroad man? A. In what respect?

Q. As to the grade? A. Well you go right down a little dip and up another rise.

Q. What do you mean by a little dip? A. Well down grade and then a little up.

Q. You told the jury that at the time of the year the leaves obstructed the view; what time of year was it? A. 15th of November.

Q. Do you mean to say leaves were on the trees at that time? Yes sir on the oak trees.

Q. Were you up there at that particular time? A. I passed there two days after my brother-in-law was buried.

Q. You did? A. Yes sir.

Mr. Burke: Do you know how far it was from the top of the hill to the place the accident

occurred?



The Witness: From the cattle guard down? Or coming up the rise.

Mr. Burke: From the top of the hill, how far was it?

The Witness: 250 yards or a little more.

WITNESS EXCUSED


NOTE: It was agreed by counsel that the rules printed in the book mentioned in the testimony were the rules in effect at the time of the accident and that either side can use as evidence subject to the court’s opinion on relevancy, any of such rules as it may desire.
Mr. Moore: We demur to the evidence.
The plaintiff offers the following instruction on the question of damages, to which the defendant objects, and the Court, overruling defendant’s objection, gives said instruction, to which the defendant, by counsel, excepts.
INSTRUCTIONS

The jury are instructed they must assess such damages as to them may seem fair and just, not exceeding Ten Thousand Dollars, and may direct in what proportion the damages awarded shall be distributed between the widow and the children of the deceased; and in ascertaining such damages the jury should find the same with reference.


First: - To the pecuniary loss sustained by the widow and children of the said Ernest E. McDonald, fixing the same at such sum as would be equal to the probable earnings of the said Ernest E. McDonald, taking into consideration the age, business capacity, experience, habits, health energy and perseverance of the deceased during what would probably have been his life time if he had not been killed;
Second: In ascertaining the probable life, the jury has a right to determine the same with reference to recognized scientific tables relating to the expectation of human life.
Third: By adding thereto compensation for the loss of his care, attention, and society to his widow and children.
Fourth: By adding such further sum as they may deem fair and just by way of solace and comfort to his said widow and children for the sorrow, suffering and mental anguish occasioned to them by his death.
END OF INSTRUCTION
After the above instruction had been given the jury, and argument by counsel on the question of damages, they retired to their room, to consider of their verdict, and after a time came into court, having agreed upon the damages, fixed the damages at $5,500.00 subject to the action of the court on the demurrer of the defendant to the evidence.
After argument by counsel the Court sustained the demurrer of the defendant to the evidence.
8 May 1905

Jeffries vs Southern Railway Company

Circuit Court for Prince William County

L. S. Jeffries, H. M. Jeffries, B. T. Jeffries, Jackson Jeffries, Susan Jeffries and James Jeffries complain of the Southern Railway Company, a corporation, of a plea of trespass of the case, for this to wit; That heretofore, to-wit, on or about the 8th day of May, in the year 1905, the plaintiffs as co-partners, owned in fee a certain lot or parcel of land in the county of Prince William, traversed by the right of way of the said defendant, along which said right of way the said defendant is used to move its cars and engines propelled by steam. The said plaintiffs, being so seized and possessed of the said lot or parcel of land, had, before the day and date aforesaid, at a great expenditure of time, money and labor, planted or sowed grass seed on a part of the said parcel or lot of land, so that on the day and date first above mentioned the said plaintiffs had a valuable stand of young grass on certain portions of the said lot or parcel of land, as well as timber, fences and other things of value of like nature.

The said defendant, not having due regard for the rights of the said plaintiffs, did on the day and date first above mentioned, allow dried grass, weeds, and other combustible and inflammable material to accumulate on its said right of way, and did on the said day and date use to move its cars over the said right of way a defective engine, not properly provided and fitted with effective spark arrestors, and did by its agents, servants and employees manage, control and use the said engine in such a negligent and careless manner that fire escaped from the said engine, so that by reason of the said defective engine, and the careless and negligent manner in which it was used, handled, managed and controlled, as aforesaid, fire escaped from the said engine and fell on and among the dried grass, weeds, and other combustible and inflammable material so negligently left by the said defendant on its right of way, and so spread to the grass, timber, fences and other combustible things of the said plaintiffs’ land; so that by reason of the premises aforesaid, grass, timber, fences and other things of value belonging to the said plaintiffs were burned and destroyed, and young grass, covering nine ¾ acres belonging to the said plaintiffs was burned over and destroyed. And by reason of the premises aforesaid, a permanent injury was done the said young grass:

And for this also, to-wit; that heretofore to wit; on or about the 8 day of May, in the year, 1905, the said plaintiffs as copartners owned in fee a certain tract or parcel of land in the said county of Prince William, traversed by the right of way of the said defendant, along which said right of way the said defendant is used to move its cars and engines propelled by steam. The said plaintiffs being so seized of the said lot or parcel of land, had, before the day and date aforesaid, at a great expenditure of time, money, and labor, planted or sowed grass seed on a part of the said land, so that on the day and date first above mentioned, the said plaintiffs had a valuable stand of young grass on the said lot or parcel of land.

But the said defendant, full well knowing the premises aforesaid yet not having due regard for the rights of the said plaintiffs did on the day and date first above mentioned, use to move its cars over the said right of way a defective engine, and did by and through its agents, servants and employees manage, control and use its said defective engine in such a negligent and careless manner that sparks and fire escaped from the said engine, so that by reason of the said defective engine, and the careless and negligent manner in which it was used, managed, handled and controlled as aforesaid, fire escaped from the said defective engine and fell on the said Plaintiff’s said lot or parcel of land, and set fire to grass, timber, fences and other combustible things of value of the said plaintiff’s land, belonging to the said plaintiffs; and by reason of the premises aforesaid, grass, timber, fence and other things of value belonging to the said plaintiffs were burned, injured and destroyed, And by reason of the premises aforesaid, a permanent injury was done young grass covering nine ¾ acres of the said land. And other wrongs to the said plaintiffs the said defendants then and there did to the great damage of the said plaintiffs of two hundred dollars. And therefore they bring their suite.

Robt. A. Hutchinson p.q.

The Commonwealth of Virginia: To the Sheriff of the County of Prince William, greetings: We command you to summon Southern Railway Company to appear at the Clerk’s office of our Circuit Court of the county of Prince William at the court-house thereof, at the Rules to be holden for said court, on the 3rd Monday in March next to answer L. S. Jeffries, H. M. Jeffries, B. Jeffries, Jackson Jeffries and James Jeffries of a plea of trespass on the case Damage $200.00 Dollars. And have then there this writ. Witness Edwin Nelson, Clerk of our said court, at the court-house, the 28th day of February 1906, and in the 130 year of the Commonwealth.

E. Nelson, Clerk

Executed by delivering a true copy of the within process to T. F. Coleman, depot or station agent of the southern Railway Company at Manassas, Prince William County at which place the said T. F. Coleman resides and has his place of business there being no other person in said county of whom service could be had, on 1 day of March 1906.

F. C. Rorabaugh

Sheriff, Prince William County
Circuit Court for Prince William County, to-wit:

Second March Rules, 1906

L. S. Jeffries, H. H. Jeffries, B. T. Jeffries, Jackson Jeffries, Susan C. Jeffries and James Jeffries, complain of the Southern Railway Company, a corporation, of a plea of trespass on the case; for this, to-wit; That heretofore, to-wit, on or about the 8 day of May, in the year 1905, the said plaintiffs as copartners, owned in fee a certain lot or parcel of land in the county of Prince William, traversed by the right of way of the said defendant, along which said right of way the said defendant is used to move its cars and engines propelled by steam. The said plaintiff being so seized of the said lot or parcel of land, had, before the day and date aforesaid, at a great expenditure of time, money and labor, planted or sowed grass seed on a part of the said parcel or lot of land, so that on the day and date first above mentioned the said plaintiffs had a valuable stand of young grass on certain portions of the said lot or parcels of land,

The said defendant, not having due regard for the rights of the said plaintiffs did on the day and date first above mentioned, use to move its cars over the said right of way a defective engine, and did by and through its agents, servants and employees manage, control and use its said defective engine in such a negligent and careless manner that sparks and fire escaped from the said engine, so that by reason of the said defective engine, and the careless and negligent manner in which it was used, managed, handled and controlled as aforesaid, fire escaped from the said defective engine and fell on the said Plaintiff’s said lot or parcel of land, and set fire to grass, timber, fences and other combustible things of value of the said plaintiff’s land, belonging to the said plaintiffs; and by reason of the premises aforesaid, grass, timber, fence and other things of value belonging to the said plaintiffs were burned, injured and destroyed, And by reason of the premises aforesaid, a permanent injury was done young grass covering nine ¾ acres of the said land. And other wrongs to the said plaintiffs the said defendants then and there did to the great damage of the said plaintiffs of two hundred dollars. And therefore they bring their suite.

Robert A. Hutchinson p.q.
18 June 1905

Circuit Court of Prince William County

J. S. Patton vs Southern Railway Company

Declaration

To Second November Rules, 1905 – Nannie May Patton, who sues by her next friend, J. S. Patton, complains of the Southern Railway Company, a corporation created and existing under the laws of the State of Virginia, who has been summoned to answer the plaintiff of a plea of trespass on the case. For this, to-wit, that the said plaintiff while being driven behind a gentle and quiet horse, by a careful and safe driver, through the village of Gainesville, in Prince William County, on the public highway running through the said village and known as “the Old Alexandria and Warrenton turnpike”, on Sunday, June 18th, 1905, which said public highway runs parallel to the line of the defendant’s railroad, through the said village, and across the railroad at an angle of less that forty degrees, just east of said village, and which said line of railway at the east end of the said village is crossed by a public highway, known as “ the Thoroughfare Turnpike”, which intersects with the other public highway in the said village of Gainesville; and when the said vehicle in which the said plaintiff had arrived at a point on the said “Old Alexandria and Warrenton turnpike road”. Only a short distance from the crossing of the said turnpike over the said railroad, which is located about one quarter of a mile or less east of the crossing of the Thoroughfare turnpike over said railroad, the agent’s employees of the said defendant, who were on a certain freight train of the said defendant, moving on a railroad track, coming from Haymarket Station on its way to Manassas Station, in the said county of Prince William, recklessly, carelessly and negligently managed and run, was without any notice of its approach, by the whistle being sounded as required by rule of the said defendant and by a law of this State, the failure to do so was caused by the whistle cord being broken, moved over the said Thoroughfare Turnpike crossing, and rapidly and silently was run up behind the said vehicle in which the plaintiff was riding, and caused the said horse, then being driven at a very slow rate of speed, to suddenly swerve to the right, which caused the said vehicle’s two wheels to leave the ground and greatly alarm the said plaintiff, who, as an act of self preservation, attempted to jump out of the said vehicle, and in her effort to do so, she was thrown with great force and violence against the ground, and injured in the following manner: by striking the external knob of her upper arm bone against some hard object and splitting a part of it off, and also fracturing a portion of the projection of the elbow, called the crazy bone, and other bruises and contusions upon her body. And by reason of said injuries the complaint is prevented from straightening her arm, and will be, in all human probability, permanently unable to do so, thereby her said arm’s usefulness and strength has been permanently impaired.

By reason of the premises the said plaintiff has been damaged to the extent of $2,500.00 and is entitled to recover the same of the said defendant, wherefore she brings her suite.

Johnson & Lion p.q.



2 October 1905

Circuit Court of Prince William County

L. A. Marsteller vs Southern Railway Company

In the Circuit Court of Prince William County, Prince William County, to-wit: Second April Rules, 1905.

L. A. Marsteller, complains of the Southern Railway Company, a corporation organized and existing under the laws of the State of Virginia, W. J. Oliver, doing a general contracting or constructing business under the style and firm name of “W. J. Oliver & Company”, J. G. Halliburton and graham McDonald, who have been duly summoned to answer the plaintiff for a plea of trespass on the case, and for cause of action, plaintiff thereupon states as follows:

Prior to and at the time of the occurrences hereinafter mentioned, the plaintiff was seized of a large and valuable farm, in said county, in fee simple, which was then in the possession of, occupied and cultivated by said plaintiff, and lying immediately along said farm, one of said defendants, said Southern Railway Company, or its predecessors, had constructed a railroad then and now owned and operated by the Southern Railway Company, in order to enlarge its facilities, as a transportation company, through its agents and employees, the said W. J. Oliver & Company, J. G. Halliburton, and Graham McDonald, were engaged in large and extensive excavations, in order to double tract its right-of-way, along said plaintiff’s farm for a distance of half mile or thereabouts. And the plaintiff avers that the said defendants in said excavations and construction were in duty bound to exercise and carefully remove rock and dirt from said excavations so as not to injure or damage said plaintiff’s farm, lying as aforesaid along said right-of-way, but said defendants failed to exercise proper care in this respect, and suffered its agents and employees to carelessly remove said rock and dirt from said excavations, by blasting and the use of horses, mules, wagons, carts, and scoops, managed and operated and handled by their agents and employees, and that, by reason of said careless and negligent management and operations, on or about the (blank) day of (blank) 1904, by blasting, hauling and dumping great quantities of rock and dirt along and upon said plaintiff’s land, for a distance of half mile or thereabouts, which blasting, hauling and dumping being an injury to the free-hold and thereby wholly destroying the value of and preventing the use of a large area of said plaintiff’s farm, to-wit, about three acres of land, and thereby damage was inflicted upon plaintiff to the amount of $250.00

And for this also, that before the time of the committing of the grievances hereinbefore mentioned, the said plaintiff being lawfully seized of said farm, lying and being situate as aforesaid, and having erected upon said farm along the right-o-way of said railroad, a good and substantial fence, for the purpose of preventing stock and animals from straying and wandering off of said plaintiff’s farm, sand said defendants, in said excavation, operations and removal of said rock and dirt, were in duty bound to carefully remove and dump said rock and dirt without injury to said plaintiff, but said defendants, through its agents and employees, negligently and carelessly permitted its agents and employees to remove said rock and dirt from the said southern Railway Company’s right-of-way, to-wit: For a distance of three hundred yards, or thereabouts, thereby beating and breaking down said fence, so as to make the same, wholly useless and unfit for the purpose of preventing plaintiff’s stock and animals from running at large, and thereby additional damage was inflicted upon plaintiff to the amount of $100.00

And for this also, that before and at the time of the committing of the grievances hereinbefore mentioned, the said plaintiff being lawfully seized of said farm, lying and being situate as aforesaid, the said Southern Railway Company or its predecessors, in the construction of the said railroad, had caused to be erected and maintained a proper and suitable culvert under its embankment or roadbed, for the purpose of carrying or conveying surface drainage of water along and over its natural course, in order to prevent such surface drainage to accumulate and remain upon said plaintiff’s farm, but said defendants, in double tracking its road – way aforesaid, through the carelessness and negligence of its agents and employees, in the construction of fills along its said right-of-way, suffered its agents and employees to carelessly and negligently dump rock and dirt in the mouth or end of said culvert on or about the (blank) day of (blank) 1904, thereby causing said surface drainage of water to overflow a large area f said plaintiff’s farm, to-wit: about one acre of land or thereabouts, and thereby irreparable damage was inflicted upon the plaintiff to the amount of $100.00

And for this also, that before and at the time of the committing of these grievances hereinbefore mentioned, the said plaintiff being lawfully seized of said farm, lying and being situate as aforesaid, said plaintiff in operating and managing said farm in the customary and lawful manner, had grazing upon said farm and along said right-of-way, a herd of cows, and said defendants were in duty bound, in the removal of said rock and dirt as aforesaid, to carefully remove the same so as not to injure said plaintiff’s herd of cows, or any one of them. And the plaintiff avers that the said defendants in said excavations, as aforesaid, suffered its agents and employees, to carelessly and negligently remove said rock by blasting, thereby causing one of said rock to fall upon one of said plaintiff’s cows, then and there being, and thereby irreparably wounded and crippled it so that its value was reduced to the plaintiff to a great extent to-wit; to the extent of $50.00, and, plaintiff suffered additional great injury and loss, to-wit; to the extent of $20.00, by being deprived of the use and service of said cow, so wounded and crippled, and plaintiff was subjected to large outlay and expense, to-wit, to the extent of $25.00, in his proper, moderate and reasonable efforts to effect a cure of the said cow, which efforts have been unsuccessful.

The defendants having been requested to pay such damages but refused, and therefore the plaintiff brings his suit.

Bill of Particulars

Damage to about three acres of land, by throwing and dumping large quantities of rock and dirt

thereon $250.00

Damage to fence by breaking down and destroying about three hundred yards of the same, and permitting stock to run at large thereby. $100.00

Damage to one acre of land by damming water thereon. $100.00

Damage to one cow, by being wounded and crippled with rock thrown from cut along the right-of –way. $50.00

Damage by being deprived of use of said cow. $20.00

Damage by money and effort expended to effect a cure of said cow $25.00

$545.00

Johnson & Lion p.q.



(This case dismissed as to Southern Railway Company & W. J. Oliver & judgment vs Graham McDonald for $40.00 & his cost)
23 February 1915

William J. Sullivan, plaintiff

VS

Southern Railway Company a Corporation

And Chesapeake and Ohio Railway Company, defendant

Trespass on the Case

Damages: $20,000

The Plaintiff by leave of court files this his amended declaration

The Plaintiff, William J. Sullivan, complains of the Defendants, Southern Railway Company, a corporation, and Chesapeake and Ohio Railway Company, a corporation, of a plea of trespass on the case, for this, to-wit:

That heretofore, to-wit, on February 23, 1915, and prior thereto, the defendant Southern Railway Company, a corporation, was a common carrier of persons and freight for hire, owing, operating and maintaining a certain roadbed and railway, with tracks thereupon, in the County of Prince William, State of Virginia, and elsewhere, and numerous cars, propelled by steam upon and over the same, which the said defendant had used and then and there did use in the conduct of its said business of common carrier; that the defendant Chesapeake and Ohio Railway Company, a corporation, was also a common carrier of persons and freight for hire, owning, operating and maintaining numerous cars, engines and trains of cars propelled by steam, in the conduct of its said business of common carrier, in said County of Prince William, Virginia, and elsewhere;

That on the day and date aforesaid, and at the time of the happening of the grievances hereinafter complained of and prior thereto, the defendant Southern Railway Company has granted to the defendant Chesapeake and Ohio Railway Company the privilege and right to use a portion of its aforementioned roadbed and railway in the County of Prince William and other places in the State of Virginia and elsewhere, for the purposes of the said defendant Chesapeake and Ohio Railway Company operating and moving northerly into the City of Washington, District of Columbia, and to other places, the cars, locomotives and trains of cars of the defendant Chesapeake and Ohio Railway Company from the intersection and junction of the tracks of the last mentioned defendant with the tracks of the defendant Southern Railway Company, at, to-wit, Orange, Virginia; that at the time of the happening of the grievances hereinafter set forth, the defendant Chesapeake and Ohio Railway Company was engaged in exercising the aforementioned privilege and was moving and operating its aforementioned trains of cars over the said roadbed and railway of defendant Southern Railway Company in northerly direction;

That on, to-wit, the day and date aforesaid, the plaintiff purchased a ticket from the defendant southern Railway Company in the City of Washington, District of Columbia, which said ticket entitled the plaintiff to travel upon a train of the defendant Southern Railway Company, to Bristow Station, in the said Prince William County, Virginia, and the plaintiff then and there became and was a lawful passenger upon one of the trains of the said last name defendant, to be safely carried on his said journey to the said Bristow Station.



That thereupon it became and was the duty of the defendant Southern Railway Company to use due, reasonable and proper care and caution that the said plaintiff should be safely carried on his said journey to the said Bristow Station and not to permit any other train to run into or collide with the train upon which the plaintiff was a passenger, not to run or collide with any other train, and not to permit the placing by defendant Chesapeake and Ohio Railway Company, or anyone else, of an obstruction upon its tracks which would cause injury to the said plaintiff while he was a passenger as aforesaid; and it became and was the duty of the defendant Chesapeake and Ohio Railway Company not negligently to place any of its trains or other obstructions upon the tracks or roadbeds of the defendant Southern Railway Company upon which the train on which the plaintiff was a passenger was being moved, and to use due and proper and reasonable care in the management, operation and control of its trains moving over the tracks of defendant Southern Railway Company so that the same would not run or collide with the trains of defendant Southern Railway Company running or being moved in an opposite direction;

Yet notwithstanding their duty in this respect, and in disregard of the same, the defendant Southern Railway Company did not use due, reasonable and proper care that the plaintiff should be safely carried by the said train to the said Bristow Station, but wholly neglected so to do, and negligently suffered and caused the said train upon which the plaintiff was then and there a passenger, at, to-wit, one-half mile northward of the said Bristow Station and before reaching the said station, to strike, run into and collide with a certain freight train of the defendant Chesapeake and Ohio Railway Company, moving in the opposite direction; and the defendant Chesapeake and Ohio Railway Company at the same time and place negligently ran, directed and managed its said freight train so that the same was derailed, and so negligently ran, directed and managed its said freight train that a part of one of its freight cars in said train called the “arch bar”, became broken, displaced and hanging down so as to derail the said freight train and so negligently ran, directed and managed its said freight train while an arch bar on one of the cars of said train was broken, displaced and hanging down, that the said freight train was by reason thereof derailed and said acts of negligence caused said freight train to run off the north bound tracks upon which it had been moving on and upon the south bound track of the defendant Southern Railway Company, the same being the track upon which the train on which the plaintiff was being carried as a passenger was moving in a southerly direction, and negligently obstructed the said track with the said freight train and as the result of the said acts of negligence of the defendants, the train of the defendant Southern Railway Company upon which the plaintiff was a lawful passenger, and the freight train hereinbefore mentioned, owned and operated by defendant Chesapeake and Ohio Railway Company, collided, and ran together, thereby causing the train upon which the plaintiff was traveling, and the car in which he was sitting at the time, to leave its track, to turn over, and the said car, its window, doors and sides gave away and were broken in, and the tracks upon which the said trains were moving were torn up; that, as a further result of the said collision between the trains of the respective defendants, occasioned by the acts of negligence aforementioned, certain portions of the said freight train, to-wit, large pieces of iron, steel, wood and glass, broke from the same, and they, as well as large pieces of wood or lumber and large pieces of pig iron with which the said freight train was loaded, were forced and driven through the sides and windows of the car in which the plaintiff was a passenger; that as the result of the said collision, occasioned by the negligence of the defendants as aforesaid, the plaintiff was thrown from his seat across the car in which he was traveling, was mashed and jammed between a seat and the floor of the said car, and certain other passengers, lawfully riding in the same car, were forcibly thrown against the plaintiff; that certain of the aforementioned pieces of wood, or metal, thrown and carried from the aforesaid freight train into the car in which the plaintiff was a passenger, struck the plaintiff, grievously injuring him; the plaintiff was caught and held under the wreckage of the said train and was unable to release himself for a long period of time, to-wit, two hours;

That the plaintiff thereby sustained divers serious and permanent injuries, his right shoulder was bruised, cut, mashed and dislocated, his back bruised and mashed, his body, arms, abdomen and bowels mashed, bruised and torn, his head and the back of his neck bruised and mashed and his eyes and optical organs and nerves injured and his sight and vision and nervous system permanently impaired; the plaintiff received a contusion or injury to his head, neck and brain and spinal cord which caused the plaintiff to suffer numerous and frequent convulsions or fits, which convulsions or fits continue and will continue permanently and from thence hitherto, and will continue to have convulsions and fits during the remainder of his life; the plaintiff suffered great physical pain and mental anguish, loss of appetite and loss of sleep, was made nervous, and was forced to expend large sums of money, to-wit, Five Hundred ($500) Dollars, for physicians, hospital expenses and medicines and for oculists and opticians in and about endeavoring to be cured of his said injuries thus received; the plaintiff lost a large sum of money through the loss of his employment and through his inability to perform the duties of his employment as he had aforetime performed such duties, to the sum of One Thousand ($1000) Dollars; that the plaintiff will ever remain sick, sore, wounded and disordered, subject to fits and convulsions and nervousness, and his sight will remain seriously impaired for the remainder of his life.

Wherefore and by reason of the premises, the plaintiff says that damages have been sustained by him to the amount of Twenty Thousand ($20,000) Dollars, and therefore he institutes this action of trespass on the case and claims damages in the said sum of Twenty Thousand ($20,000) Dollars, besides the costs of this suit.

SECOND COUNT:

And the plaintiff, William J. Sullivan, complains of the defendants, Southern Railway Company, a corporation, and Chesapeake and Ohio Railway Company, a corporation, of a plea of trespass on the case, for this, to-wit:

That heretofore, to-wit, on February 23, 1915, and prior thereto, the defendant Southern Railway Company, a corporation, was a common carrier of persons and freight for hire, owing, operating and maintaining a certain roadbed and railway, with tracks thereupon, in the County of Prince William, State of Virginia, and elsewhere, and numerous cars, propelled by steam upon and over the same, which the said defendant had used and then and there did use in the conduct of its said business of common carrier; that the defendant Chesapeake and Ohio Railway Company, a corporation, was also a common carrier of persons and freight for hire, owing, operating and maintaining numerous cars, engines and trains of cars propelled by steam, in the conduct of its said business of common carrier, in said County of Prince William, Virginia, and elsewhere;

That on the day and date aforesaid, and at the time of the happening of the grievances hereinafter complained of and prior thereto, the defendant Southern Railway Company had granted to the defendant Chesapeake and Ohio Railroad Company the privilege and right to use a portion of its aforementioned roadbed and railway in the County of Prince William and other places in the State of Virginia and elsewhere, for the purpose of the said defendant Chesapeake and Ohio Railway Company operating and moving northerly into the City of Washington, District of Columbia, and to other places, the cars, locomotives and trains of cars of the defendant Chesapeake and Ohio Railway Company from the intersection and junction of the tracks of the last mentioned defendant with the tracks of the defendant Southern Railway Company, at, to-wit, Orange, Virginia; that at the time of the happening of the grievances hereinafter set forth, the defendant Chesapeake and Ohio Railway Company was engaged in exercising the aforementioned privilege and was moving and operating its aforementioned trains of cars over the said roadbed and railway of defendant Southern Railway Company, in a northerly direction;

That on, to-wit, the day and date aforesaid, the plaintiff purchased a ticket from the defendant Southern Railway Company in the City of Washington, District of Columbia, which said ticket entitled the plaintiff to travel upon a train of the defendant Southern Railway Company from the City of Washington, District of Columbia, to Bristow Station, in the said Prince William County, Virginia, and the plaintiff then and there became and was a lawful passenger upon one of the trains of the said last named defendant to be safely carried on his said journey;



And thereupon it became and was the duty of the defendant Southern Railway Company to use due, reasonable and proper care that the said plaintiff should be safely carried to the said Bristow Station and not negligently to collide with or run into any other train or trains, either of its own or of defendant Chesapeake and Ohio Railway Company moving or being moved upon its said railway, and it became and was the duty of the defendant Chesapeake and Ohio Railway Company to use due and proper and reasonable care in the operation of its trains moving over and upon the tracks of the defendant Southern Railway Company so that its said trains would not collide with, strike against or run into any of the trains of the defendant Southern Railway Company moving upon the said railway in the opposite direction;

Yet notwithstanding their duty in this respect and in disregard of the same the defendants did not use due and proper care as aforesaid, but on the contrary, at, to-wit, one-half mile northward from the said Bristow Station while the plaintiff was a passenger as aforesaid and before he had reached his said destination, the defendant Southern Railway Company, through its agents, servants and employees, negligently ran the train upon which the plaintiff was a passenger against and into a certain freight train of defendant Chesapeake and Ohio Railway Company moving in the opposite direction upon the northbound track of the said railway, and cause the said trains to collide; and the defendant Chesapeake and Ohio Railway Company at the same time and place negligently ran, directed and managed its said freight train so that the same was derailed, and so negligently ran, directed and managed its said freight train that a part of one of its freight cars in said train, called the “arch bar”. Became broken, displaced and hanging down so as to derail the said freight train so negligently ran, directed and managed its said freight train while an arch bar on one of the cars of said train was broken, displaced and hanging down, that the said freight train was by reason thereof derailed, and said acts of negligence cause said freight train to run off the north bound tracks upon which it had been moving on and upon the south bound track of the defendant Southern Railway Company, the same being the track upon which the train on which the plaintiff was being carried as a passenger was moving in a southerly direction, and to strike and collide with the said passenger train, and as the result of the said acts of negligence of the defendants the train of defendant Southern Railway Company upon which the plaintiff was a lawful passenger, and the car in which he was sitting, were caused to leave the railway track, to turn over and the said car, its windows, doors and sides gave away and were broken in and the tracks upon which the said trains were moving were torn up; that, as a further result of the said collision between the trains of the respective defendants, occasioned by the acts of negligence aforementioned, certain positions of the said freight train, to-wit, large pieces of iron, steel, wood and glass, broke from the same, and they, as well as large pieces of wood or lumber and large pieces of pig iron with which the said freight train was loaded, were forced and driven through the sides and windows of the car in which the plaintiff was a passenger; that as the result of the said collision, occasioned by the negligence of the defendants as aforesaid, the plaintiff was thrown from his seat across the car in which he was traveling, was mashed and jammed between a seat and the floor of the said car, and certain other passengers, lawfully riding in the same car, were forcibly thrown against the plaintiff; that certain of the aforementioned pieces of wood, or metal, thrown and carried from the aforesaid freight train into the car in which the plaintiff was a passenger, struck the plaintiff, grievously injuring him; the plaintiff was caught and held under the wreckage of the said trains and was unable to release himself for a long period of time, to-wit, two hours;

That the plaintiff thereby sustained divers serious and permanent injuries, his right shoulder was bruised, cut, mashed and dislocated, his back bruised and mashed, his body, arms, abdomen and bowels mashed, bruised and torn, his head and the back of his neck bruised and mashed and his eyes and optical organs and nerves injured and his sight and vision and nervous system permanently impaired; the plaintiff received a contusion or injury to his head, neck and brain and spinal cord, which caused the plaintiff to suffer numerous and frequent convulsions or fits, which convulsions or fits continue and will continue permanently and have from thence hitherto, and the plaintiff was thereby made a permanent epileptic from thence hitherto and will continue to have convulsions and fits during the remainder of his life; the plaintiff suffered great physical pain and mental anguish, loss of appetite and loss of sleep, was made nervous, and was forced to expend large sums of money, to-wit, Five Hundred ($500) Dollars, for physicians, hospital expenses and medicines and for oculists and opticians in and about endeavoring to be cured of his said injuries thus received; the plaintiff lost a large sum of money through the loss of his employment and through his inability to perform the duties of his employment as he had aforetime performed such duties, to the sum of One Thousand ($1000) dollars; that the plaintiff will ever remain, sick, sore, wounded and disordered, subject to fits and convulsions and nervousness, and his sight will remain seriously impaired for the remainder of his life.

Wherefore and by reason of the premises, the plaintiff says that damages have been sustained by him to the amount of Twenty Thousand ($20,000) Dollars, and therefore he institutes this action of trespass on the case and claims damages in the said sum of Twenty Thousand ($20,000) Dollars, besides the costs of this suit.

Crandel Mackey

Thos. H. Patterson

Attorneys for Plaintiff

We the Jury find for the plaintiff and assesses in sum of $6,000 against the defendant railroads Viz: The Southern and Chesapeake & Ohio Railroads.

Wm. Wheeler, foreman



Download 2.52 Mb.

Share with your friends:
1   ...   8   9   10   11   12   13   14   15   ...   48




The database is protected by copyright ©ininet.org 2020
send message

    Main page