xt70zp3vt865_244 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 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. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Johnson, Ammie v. Kentucky West Virginia Gas Company text Johnson, Ammie v. Kentucky West Virginia Gas Company 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_23/Folder_7/3632.pdf 1934-1935 1935 1934-1935 section false xt70zp3vt865_244 xt70zp3vt865 ‘~ . V "57 .,
. - .. . . . . ":IM”‘/fl
KENTUCKY -.-’;OREGJBEN'S COEHJNSATION BOARD
NO. G»122;:=729
Aiflgllij JOHNSON PLAINTIFF ,
vs: I :3 jaww a ”32; }
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Reporter's Certificate - ~ - «u 65 :

 KENTUCH WORKMEK'S COMPENSATION BOARD
No. (342572. - '
AMMIE 3033301! PIAIHT 1m '
VS: TRANSCRIPT (IF TESTIMONY ' ;
EMUCM-‘EJEST VIRGI REA GAS COWPAM 11331913me
A. PPEARAKC‘ES: ‘
Hon. 0. P. Stephens, Prestonsburg, fly. for Plaintiff.
Hon. .7. A. Hogan, Louisville, Ky., for Defendant; Q
’ Hon. Joseph D. Harkins, Preetonsburg, Kentucky, '
for Defendant. ,
‘ This case Was tried in the Circuit Court Room of
the Court House in Prestonsburg, Kentucky, on June 20, 1955,
before lion. (2. E. Marga; Referee.

 ‘ O ’ O
STIPUIATION:
It is stipulated and agreed. by and between
, the parties hereto, that the only questions to be determined
/ are the average weekly rage at the time of the accident;
and. the amount of compensation due plaintiff.
The plaintifo Amie Johnson, after being
first duly sworn, testified in her own behalf as follows:
DIRECT WIMTIOE BY HON. C. P. STEPEBNS.
ABE-«TIEJOHHSON: ‘ ‘
1 Your name is Mrs. Amie Johnson?
A Yes sir. _
2 State your age and resirienee?
A I am twentyanine years old. '
‘ 3 Live at what place?
A Cliff.
4 'In Eloyd. County?
A Yes sir.
5 Are'you the widow of Clyde Johnson, deceased? ‘
A Yes 311-.
a what was his age at the time of his death?
A I Thirty~three years old. _
..2- ‘ 1* i

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7 Did he leave any children?
A Two.
8 what are their names and ages?
A Stanley Johnson, age nine years, and Juanita
Johnson, three years old.
STIPUIATION:
It is stipulated and agreed by and between the
V parties hereto that firs. Ammie Johnson is the widow of
decedent, Glyde Johnson, and was living with him at the
' time of the accident, and that Stanley Johnsong aged nine
years and Juanita Johnson, aged three years, were infant
children living in the household of Clyde Johnson at the
time of the accident.
9 What work wag your husband doing at the time ,
of his death? '
A ‘ Hauling coal, delivering COan
10 _ Delivering coal?
' A Yes sir, and they got him to take a load for 1
. them, I don't Just really know the place he had to go ror
~~w them, but the Kentucky-West Virginia Gas peeple got him to
take a load for them.
. 11 A load of what?
A I don't remember what, something for the '
Gas peepleg
' 12 Do you know about What wages he waa making at ,
, ‘5- I:

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the time he Was killed at the: different work he Was -
do ing?

Counsel for defendant objects-a
BY REFEREE:

Orerruled.

Defendant excepts~
15 Go ahead and hell the Board what he was raking I
at the different things: he mm aging? '
A From Kentucky-West Virginia. Gas Company he warned.
$10.00 per day for a double team and. for a. single team he got
$5.00 a day. He worked at the golf course down there at the ’

J mouth of Abbott and he earned. about three dollars Ia. day there M
mowing, and in deliVering ccal, I don‘t know hardly the average
he we uld make, some days he would make as high as $12.00 per \
day.
/( 14 The amount that he would make would, depend upon '
the number of loads of coal he was able to haul?
A Yes sir. I
15 Do you know what he received per lead for hauling
COul?
A I don't just remember myself, I madly know. It
was different-prices then, the delivering.
16 Was he employed regularly by the Gas Company?
A He washinnever they would. have anything to do. ‘
Whenever they would have anything to haul, they would always
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call on him.
17 And sometimes he used a double team and at
other timea'a single team3 two mules?
A Yes sir.
18 \ They paid $5.00 per day for two mules and $10.00
per day for a double team? V
A Yes air.
19 Did he work any over time?!
, A Yes sir, he did.
20 What rate of pay did he get for working over
time? ~
A ' He got the same where he worked OVer time as
/ he did working by the day. He would get the same amount
by the hour, so much an hour.
21 Do you know aa.ut how many hours Was included in
a shift? ‘
A It was nine or ten, I don't know which.
22 How often did hé work over time?
A Juét once in q while, some times he wculd wcrk
part of the nighfi.
- 23 For whom did he haul this coal you were talking .
~=’ about?
A Different people, Just delivered all over the
neighborhood, down around Cliff and over in West Prestons-
burg, and he hauled some over in here.
24 When he worked for the golf course, was that
. _5_

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regular employment?
A Yes 311‘; he worked so many days per week
down there.
'25. When did he do that? Did he ever do that at
certain times?
A Well, I don't know Whether it. wae at certain
will time or not, but he had to be there about twice a. week,
sometimes maybe three- times a. week, and mybe for a. week
he would not have to mow any down there.
26 ' When did he do tmt work with reference to the
time he worked for the Gas Company?
A Well he commenced mowing down there early in V
the summer and mowed until in September.
27 Did the work for the Gas Compamr, was that inter-
fered with by the work down there?
A No air.
28 when did he do this work down there? '
A Whenever he didn:t have work with Kentuclqrawest
, Virginia, he would mow down there.
29 You mean to say it was kind of a. piece time Job
that he worked at the same time he worked for the Gas ‘
Compaw?
A Yes sir.
CROSS EXAMIMTIOH iiY HON. JOS. D, KARKIES.
30 Mrs. Johnson, when Clyde was working for the .
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Gas comyany, was he paid so much a. day for his work or so
much per hour for his work? 2
v/ A I don't hardly know. It seems to me like he V
was paid by the 171011179 so much per hour. ‘
31 Do you know what he Was paid per hour for his
work for the Gas Company when driving a single team?
A No sir.
32 Did you ever have him tell you tmt the com-
pensation paid per hour for a single taam was 50 cents per
hour? ' .
/ A I believe he did. -
53 And when he was driving a double team, he mm
paid $1.00 per hour, Was he: not? , .
A I don't. remember how much, but he was paid by 2 .
the hour I believe.
34 Now, he was also at; different times working down
there at the golf course on mowing?
A Yes sir. I
. 35 Do you know what. he was paid, per hour far that
work? .
A He was paid by the day; 1
56 He was paid by the day there? ‘
A Yes sir. .
:57 And what sort of work did he do on the golf course? V
A He mowed, mm the mowing machine; '
-7-

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58 Did he use.a single team or a double team? '
A Single team.
59 And for the work of mowing down there and I
using a single team9 he was paid on a basis of $3.00 per
day?
A Yes sir.
40 And when he was working for the Gas Company
he was paid on a basis of fifty cents per hour for single
team, is that right?
A I think that is the idea.
41 The work he wee doing for the golf club Was not
of such nature that he couldn't leave it at any time to go
and do work for the Gas Company, Was it? ‘
A Yes sir, he hardly ever did. When he didn't
have work for the Gas peeple iS'ohen he Would wo:k at the
golf course.
42 The pay for working for the Gas people was
better than for the Golf club and whenever the Gas Company
had work for him to do, he would work for the Gas Company?
A Yes sir, he did.
43 On the day he received the fetal injury, was
he using a single team or a double team? A
A A single team. '
44 About what preportion of the time did he use
a double team and what proportion of the time would he use
, , -8-

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O O -

e eingle team? ' -

H A The biggest part of the time he used a

l double team.
45 What portion of the time, what part of the
time would you say? _
A Meet of the time he used a double team.
46 Now, of course you have no records as to the
time he used a double team and the time he used a single
team? '
A What did you say? ,
47 You have no records whatever as to the times 7
he was using a double team and the time he was using a
single team? ,
A No air, I don't. ,
48 You have mentioned about his hauling coal at
different places and making as high as $12.00 per day for
doing that? ' P

' A Yes sir.
49 When was it he had this injury?

' A ‘ 0n the 25th day of October.
50 Was he hauling coal at thatpartieuler time?
I don't mean the date he received the injury, but had he
”WW been hauling coal that week or month?
A That morning he delivered a 102m of coal 1/ >
before he taken the load for the gas people9 i
51 Where did he deliver coal from? ‘
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A Around on Abbott.
52 Did he own or have leased and operate the
mine himself?
A He didn‘t own it, but he had the lease to I
Operate the mine.
f 53 This money that he got from the coal included

/ not only the hauling of the coal, but the pay for the coal

0 and the digging and the royalty on it and all, did it net?
A Yes sir. '

I 54 New wmtfiportion of it Would he pay the men '
for digging that coal? 1
A I don't know myself. -
55 Do you know what royalty he paid?
A No sir, I don't hardly knew that.
56 From whom did he have the mine leased?
A Henry Eitzpatrick. '
57 Do you know What he charged per load for the .
coal? 1 I
A Different yricee for different grades of seal,
different prices on the load.
58 Give the J3card the prices for the different
grades of coal?
A One of these men here dug with him.all the .
time.
59 You don’t know about that? '
~10« ‘ V

 . O
‘ A No sir.

60 Now you menti onod the foot that he made as
high as $3512.00 3. day in hauling coil?
A Yes sir? ho EEG.
61 What was the lowest he made per day while

, hauling coal?

\/ A Four and five and six dollars.
62 ' That. lowest amount would also include the
price he had to pay the men for diging the coal. and had to
pay Henry Fitzpatrick for the royalty?

‘ A . Yes sir, I suppose so.
65 And all that amount that he received from coal .
Wasn't earnings of 1118, out was e-rzrroingo of the other men
aloe?

‘ A ‘ ’ I suppose so. ‘

64 . > He would collect the whole amount and pay than:
their stare?
A Yes sir.
65 And. Mr. Fitzpatrick his share of it?
A Yes sir. '
66 You say one of the Imam3 one of the witnesseo
whom you have present, worked. with him in the coal bank and
knows about it?
A Yes 811‘.
67 Which one?
H A Red Ward, Poul Ward, and Henry Harmon.
. ~11-

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68 _ In short, Ammie, Clyde was an industrious
boy and was alWays looking for work, and when he could
work for the Gas Company, he worked for them, ani when he
didn't have any work from them, he would work for the
Golf Club and when he didn't; have work for the Golf Club
he would haul coal and try to find some Job to keep busy
all the time?
A Yes sir, he did.
' 69 You don't know what amount he charged for
the mere hauling of the coal, do you?
A No sir; I don't myself.
RE-DIRECT EXAMINATION BY HON. C. P» STEPHEN§.
to: 70 IYou are not familiar enough with the amounts
‘ that he paid the men who worked for him in digging coal and
the royalties to know just oXactly how much he made from the
I IcOal business, are you? ,
> ‘L‘ A ' No sir, I don’t knowa myself.
71 ' Do you know whether or not the amounts that you
have fixed are the lowest and the highest amounts that he
made in hauling coal, and that from those amounts he had to
pay the men and the royalties? Do you really know about that?
' x A Ho sir, I don‘t know mch about that.
RBI-CROSS Min-'LTION BY HON. J03. D. HARKINS.
72 He wasn't hauling coal every day, WaB he, Ammie?
-12-

 A No sir, not every day, but sometimes for a
week t a time9 he would haul coal.
The next witneos called for plaintiff, Er.
Red Ward, after being first duly sworns testified as
_ follows:
DIRECT EXAMINATION'BY HON. C. P.‘STEPHENS.
WWW
RED WARD:
1 Your name is Red Ward?
A Yes air.
2 Did you know clyde Johnson?
A Yes air.
3 Did you know about the work he Was doing, or
the Wages he was receiving at the time he was killed and
for a year prior thereto?
A Pretty well.
4 Tell the Board how much he was making?
, Counsel for defendant objects-
, BY REFEREE:
Tell what you know from your own knowledge as
to what he was making, especially with the Kentucky-West
‘ ~13-

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Virginia Gas Company and. then any otMr work as far as
I you know. Give the separate amounts.
A Well, he got ten dollars a. day for a double
’ team and five dollars a. day for a. single team.
5 Working for what Company?
A Kentucky-West Virginia Gas Co.
6 _ ‘ Did. he work for any other Gas Company?
A He worked for Inland some.
7 Was that during the timolor before or after
he worked for Kentuckyowest Virginia, Gas Company?
A I don‘t reckon so.
8 How long has it been since he worked for Inland?
A . I forgot. now.
BE” REFEREE: >
Was that within the last year before his death?
A I Yes sir» he worked some for them.
, 9 Did; he m‘ke the same amount working for them
as he did working for the other Gas Company?
A V Yes sir.
10 Did. he do any other work?
A Ho mowed the golf course down here.
' 11 What sort of Work was that?
A Just running a mowing machine you know.
12 ‘o’ho provided the mowing nachine?
A The Company, the “elf Company. '
9.14-

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13 I 'fihat‘was it necessary for him to do?'
A Just had to ride it around and cut,‘
14 ‘Just rode the mower and out the grass?
A Yes sir.
15 How much did he make at that?
A I think it was ;Eistoo a day.
16 Did he work at thot when he could get work
for the Gas Company?
A Yes sir, eometimes he did.
1'7 T55119.1: I mean 139 was that Juet a kind. of a
side job with him?
A ‘ Yea airs Just Whenever the grass gets up high
there they have to have it mowed. '
18 . Do you work for the Gas Company any?
. A No sir.
19 Do you know about wtut the wages are per hour
that they paid their regular employees?
I ; A Thirty cents per hour. ‘
_ j 20 That was for those who didn't work their
' teams?
A Yes sir.
21 Do you know about this coal business, hauling
coal? I h
A Yes sir; ,
~’- 22 How ouch die. he receive from that work per
‘ week or day?
-15-

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A Some days he Wiulfl deliver seven loadsa and 1
rows days fives '
25 How much would he receive from that2 for
Heat sag-ark", '
I v// A He received Q1.25 for some of it and $1900
for some of it, that was his part sf it. 1 ‘
24 Per lead?
A Yes sir. -
25 Has that Gaming to him or did he have to pay
the men?
A That was coming to him.
26 That'Was comfing to him for his part of the
work?
‘ A That was what he get clearc V
27 Y u say he sometimes dolivvred seven leads?
A Yes sir. .
28 And sometimes less?
A Yes sirg some times less.
29 How did he use a single team or a double team
most of the time? '
A On the coal?
50 No on the gas gob?
A A double team most 0'; the time.
- 31 I believe you say he got $10.00 per day for
that?
A Yes sir.
-15-

 ' 52 Do you know whether or not he worked. double
shifts any portion of the time? '
A Yes 3129 he worked several double shifts.
33‘ ohm would he receive for tmt?
/ A The some price. .
54 $10.00 per shift?
A Yes sir.
:55 Can you tell the Board about what in your
judgment, would move been hie average weekly wage during
the time he was working; for a. year prior to his deooh‘?
‘ _ Counsel for defendant obj octe-

BY REFEREE:

Sustained.

Plaintiff excepts.-

GROSS Féfllfih'I’ION 3Y£glg J08. D. EjfiKINS.
56 You say that somesdaye, Hr. Johnson hauled
seven loads of coal? ’
A Yes sir.
3’? some days he would haul only five?
A ' Yes sir.
58 Some days he would heal none, wouldn’t he?
A That would be the days he didnlt work.
159 About how many days out of a; month would you
say he hauled. seven leads of coal"

-17-

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A Well, maybe five or six days.
' 40 And how may days out of a month would he 1
haul five loads? ' .
A I couldn't tell you how many days.
41 _ You told us how many days he hauled seven?
A Yes sir. I ‘
42 How many days out of a-month would he haul
none {I
A He never hauled none.
43 There was no day he didn't haul at least one
10nd of coal? .
A Oh, yes. ‘
' 44 How many days out of a. month Viz—3.8 it that he 7
wouldn't haul even a single load. of coal?
3 I couldn't tell you that.
45 How is it that you know the number of days per .7
month be hauled the largest amount of coal, and don't know
. another thing about it? '
V \j A I was just guessing. '
46 It is a guessing preposition on your part?
> A Yes sir, you asked me. '-
At this point, counsel for defendant moves
the Board to exclude the testimony of this witness on the 7,
proposition of how many loads of coal we're hauled as witness
has indicated he is guessing. I
' ~18- i

 0 0

BY REFEREE:

Overruled.

Bafendant excepte~
47 What was your connection with Mr. Johnson, >
Mr. Ward?
A Brothereinalaw.
48 Did yau work for him in driving a teaufl
A E0 sir.
49 Did you work for him in mining coal?
A ' fie was in ymrtners in it.

' »w 50 How was thkt partnership arranged?
A fie got half of it for delivering it.
51 You sold coal than for $2.00 per ton?
A $2.25 and $2.50 per ton. ’
52 Depending on the kind of coal it was?
A Yes Sir. ‘
55 How long did tknt’partncrship ekist?
Al As long a5 we gun.
V 54 How long did you run over there?
A About one year‘
I 55 Have you any books or records to Show the number
of tons of coal that you find he sold during that period of
time? .
A ’1 don't know vihetmr. I have got it all or not, ‘
R I have got a part of it.
56 Did you try to keep it all, and put down evcry
load? ' .
-19-

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A 12:51:30 1.113.
E)? :4’3'1—3120 1:. 12.3121. 712.2011 I
A 31 3331733011 ..?/E;- LE..~: 01.1.2112 at 7.13:1“ 111111.230; 2:333. 31.1.1331‘30
{313 811111 31.11 "012.1371: 1.21. 1313031351 111, 351111331? 11.. 1:113:15
110321 01' 1. 1“.-12111371111: 21113.01: 11' 1:0 1.111.333 1'21:- 1'3:>.:; 1 .11. 11 .3301
03:313._.-c13 31’0111 1.: 1.117 111.111 0.1“ 30.5. 02‘ "i. 22
he 5.1111111; 12.11.33. 04.1133. 4:111:211'13 11:11; 1.3115 3.1-3 31233.33? ‘ '
..’1 111353173 is 1:3. 3.131. 0.? it I 11312: 312.1; 1111.111.
55423 "11011 <30 331711111311 ”211211;?
A ””11 .1 39:14:31.. 01‘ 3.1 :1 I 2.50111. 3321.171; 3? .1115 131‘;
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‘ 613' You. 1111211131 «'3; 5.1111313 300.01.713.33 33111111123113"?
A 230 SJ 1:17,. I 13.23.1'11'1‘33. ’
3'1 X011 don't; 1:11:11; 41131. extant 01“ 3120013113 63.331310
1:117: 6ft?
A 33:0 511‘. ‘ _
1'3 :12 Did. :,reu. 1:; 31:11? 131111331113 3:. 1.1311111 £91.“ .1113 kiL'g'zztuogyw
13.211. Virgiaia Gas Commas/‘5
A- 330. Sift
63 Do you 11110217 '.71'1. 1.1101" 01? 11131.. 11133: Ekzi'muckymfi's’e ~51.
Virginia. 31.711311 3433.“. .3“ 011119011 on 1.13: 24.351.33.39 01" 1100111133 “they
92131311031311 him on :..... 21.321133 1.121313“?
:3 .21 330, I don't. I don't. 1111011 anything; 111303.11. 131.1.
1 64 Do 3:01;. know whether they employeé 11.1131 regularly
312313 4.23.33” or :..:113.y 131m 1101'}: 2.3111011 they 111113. for him 1.0 :10?
.11 They es'aplcyad 113.111 for work they 1102:1113. 11.1530 3112 hve
dOYBo
-90-

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65 ”me days he would ‘JOI‘k for them half .. day
I and some dayo a full day and some days over time wouldn} '
,..,Hgfib he? i '
A , Yes sir.
. 66 I How do you Know of your own knowledge, or are
  you speaking from infomation soniebody else told you as to
- what his wages were per day or per hour?
A I have seen his checks he would get from
them.
’ 67 You saw his cheeks? _
A Yes sir.
68 What did that check Show, so much per day or
so many hours? ,
. A I don't Know ex;.-.ctly, just seen the prices of
V it, what he got for the days he worked.
. ‘ 69 was each of those checks for a. full day's work _
‘ or for just a number of hours per day that he had worked?
A , I never did see nary short day.
'70 You newr saw what? ' 1
A I neVer did see where he worked a half a. day,
’ the checks I seen Was where he always worked a wholeday >
when he went on.
71 You don't have any actual knowledge as to .
the rate of pay made Mr. Johnson for the use of his team,
do you?
A ‘ No sir. '
-21-

 BY REFEREE:
You stated that snmetimes he worked ona shift
. and Sometimes he worked extra shifts. Can you tell the
¢I Board how many hours was cansidered a shift in this Company?
A Ten hours. .
RE—CROSS EXAMINATION BY HONa J03a D. HAEKIHS.
?2 YES 1% tea hau?s 93 Eight hmurs?
' A It was ten h are. -
BIS-DIRECT mm IHATION BY HOV . Co I? . EBTEE~"EZE,.‘31€Sa
75 Igu d0 know fiha%,the genaral unfierstanding WLS
that the Gompany Jaid the ammunts you have stated here?
Saunsel far defandant ebjecfis-
‘ iY aiiifififiz
I Sustained.
Plaintiff excepts~
74 ’Jhan yam Sufi the checkss'were you able Ti tell
fram the checks the ameunt he received gar day?
A Yes sir.
75 And that was five dollars a day and ten dollars
pt? day as you abated?
A Ye E :31 r;

- RE-CROSS EXAMIHATION BY flflfl. JOS. D. HARKINS.
76 Could you tell from those checks that they were
for so many dayé' work or hours' work?

i, -22-

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‘ A It was clays tint he worked. Say he worked one
day or two days, he would get his check.
77 Did those checks whow one day or two days, or
. sixteen hours or twenty hours?

A Just showed the dayzs workedu

78 Did it set but days? ,

A I don’t know.

'79 ' You don't know whether bra mm paid so much

per day, or so much per hours, :10 you?

A He Was yaid ten dollars a" day;

80 Paid. ten dollars a day fax? :2. Single or a.

double team?

A Far 3. double team. a
, 81 He was Operating a. $1 ngle team at. the “hi :19. he

was injured?

A Yes sir.

I, Ihe next ‘gifiness called for plaintiff, Bill
Morgan, after being first duly sworn, testified as follows: I
, DIRECT I‘mixxmmw BY HON. cl. P. STz-mmzs.

3. Yuur name is Bill Morgan?

A Yes sir. '

2 Did you ‘zmmz.I Clyde Johnson?

. ' ~25-

 . . O
A Yes sir. , I
- 5 Did you work with the deceased, Clyde Johnson?
A Yes air.
4 For what Company?
A . Worked for the Kentucky-West Virginia. Gas éompany
and for the Inland.
5 For what period of time did he work for the
Kentucky-Heat Virginia Gas Company before he was killed?
A I couldn’t say, I don’t know.
6 J Estimate it if you can?
A All the work they had to do, they would get him
to do it. He had a. good team, done field work.
BY REFEREE:
. How long had he been doing that work for them?
J {A I guess about ten years. J ‘
M 7 What amount of wages did they pay him for his J
work and the work} of his team, say for a, year prior to the
time he was ,"Jkiilod?
A \ Tom hours Was counted 8. days $5.00 a day for
a single téam,;,/',4J510.OO a day for a double team, ten hours
was counted a-J day's work.
' - 8 He also we rked at hauling ceal? '
A I: never worked with him hauling coal. I don’t
know.
9 bid he work any double shifts during the time
he worked fo r Kentucky-West Virginia? J
'1 ' ~24-

 O O
A He would work over time. I don't know whether
you would call it double shift or not. Sometimes he would
work fifteen hours or twenty.
10 “hot oould they pay him per hour for overtime? ‘
A Always poid the oome,they was supposed to pay
more.
11 About how much of the time old he work oVsr
time? _ L
A I don‘t know hardly about oust. If he wss
, working on a job and it called for over time he would work

till it was donea
12 How much of the time; say for a year prior to
this injury, did he work over time?
A Well, I don‘t know about test.

3 13 On an RVersge of a week?

j .A I guess he worked twenty hours over time mayoe.
14 Fer week? .
A Yes sir.

CROSS EXAMIHATIOH BY HOE. JOS¢ Da HARKIES.
15 Jhat sort of work did you do with Mrs Johnson?
A Worked for the Gas Germanye Teamed like he did.
16 You drove a teanfi
A Yes Sir. ‘
17 And you didn't work m him?
-25-

 O O
A No sir, I drove my mm team. I had worked
for him oefore.
' 18 dint sort of work did you do?
A Drove hisE-team. _
19 Drove his team?
, A Yes six“.
20 What wages Was paid for his team when you
were driving a. team for him?
:5» He _:_;ot ten dollars per day.
:21 float wages did he pay you for driving his ‘
team? E
J A Figured £355.50 per day. fie paid me $2.50
and my board.
22 I That was when you were driving a double. team?
A, Yes sir. I
:35 Cohen you were driving a single team, what
E did he pay you? '
A Same thing.
E 24 He paid you the same price per day, either for
a single team or a double team? ;
A Yes air.
:25 Then you bought some teams of your mm? . E
A Yes sir.
26 The gas Company employed you sometimes?
\‘\ A Yes sir, I worked steady when they mo. steady
work.
27 And it was not steady when they didn't have .
. steady work? E ,
‘ -26- '

 . O
A Couldnit have beeh.
28 When they had no work, there wasn't any work? '
A when they had no work, I neVer worked.
29 Jdots; of days you didn't do any work for the ‘
Gas Company? .
A Yes 311'.
:50 What preportion of time a“) you say you
worked for the Gas Company, the average number-r of days per
' week?

A How long back?
31 Within the last year or before Mr. Johnson

‘ was killed? ’
A I haven't worked so much for them myoelf.

' 32 I said a year before he was hurtg a. year before
last October?
A We would average half the time9 maybe, not / fl
_ for one certain Compaxw, but for the different Companies. '
53 I am talking about the Kentuoky-West Virginia
Gas Company, answer for that Company?
A I don't know the number of days he worked for .
them,he worked pretty steady. /
34 ' I am asking you yourself, how many days you
worked for them?

i' Counsel for plaintiff obj eats-

j A I haven't worked. any for the last year for ‘
Kentucky-West Virginia, only one day.
55 when was it that you bought your teams?

_, ' ~27-

 O O
A Thyae 9r four 39 rs ago;
56 item wai it guu'uurked for Er. Johmscn
.&n& he Said you on a b sis of 92.30 38? day for yeuraalf
:nfl 51.03 a day expgnses?
A fibeut the timfi I bcmghfi my team.
§?~ . Three 8? fun? years ago?
Is. ‘35:: g; 33:1 1’}.
33 it that timg gfices and Wagfis were canaiflerably
Eaigfilsz= alias; 3113;; :L?€~ niwv? '
A 1 danft thimk EU.
Gaungcl fur gluinfiiff abjects— ‘
‘ BY Q“EQREE:
nmumummammm
Sustgineda Limit year ting t9 one ye'r prficefiiag
the injuxy» .
2 59 31d ya; Tsrk any fa? mt. Jmhnson vihhin,m
331? bifure last Octobci in awiving his team?
A K have worked for Luthflr fialnfiyfa.
éfi I am asking yum wbemfi~m?, Johnfiyn.
A I understsod gnu ta nay ha; 3 torkfid wifih him.
I hgve marked with him'but not 1%? him.
i
41 Yaa have“ t warkad fur him Uifihin a gem? jxfcre
lurk “stoma?
& Ho sir.
V :
j 42 within a yaw: bafore 13;t Octaherg iii y.u in
any Wfifk far “anfiuckywfifiat Virginia 333 Company?
A One day. >
«ga- :

 6 O
/
j 43 New, I will ask you if it wasnit the rule
§7 and policy of the Khmtucky-West Virginia Gas Company to pay 7
7 its employeesg whether they were teamsters or laborers, on
I an hour basisg at an much per hear?
A I imagine so, most any Company does that.
44 13 it met a fact that Kentuckan¢st Virginia
17 Gas Company paid the teamstere whom they employed fifty
7 cents per hour for a single team, wagon and driver of a
7 single team9 and one dollar per hour for the team, wagon ,
E for four animals9 Wagon and driver for a deuble team? .
i A I imagine it would be counted double»
7 45 Wesngt that your arrangement?
1 A It was ten dollars per day for ten hours 7
3 work.
1 46 If you worked twelve hours a day, would they
2 pay you twelve dollars at twenty dellare?
7 A Pay you twelve dollars.
' 7 47 . If you worked fifteen hears, they paid you
: fifteen dollars?
7 A Yes sir.
I 48 If you were driving a single team, and you
I ; worked twelve heurs, they weuld pay six dollars?
: “ Yes 81?. .
‘;49 If you worked twenty hours, they would pay you
:ten dollars?
-29-

 G 6

5 A Some would pay more.

5 50 I am talking about the Kentucky-West Virginia

5 Gas company? I
5 A At times, they would allow us extra for

g over time. I

E 51 If you worked four hours a day on a pick up
g job, they Would pay you for four hours?
i A Yes sir.

E 52 In other words, they paid you so much per

E hour, for the number of hours you worked, whether under ‘ '
E a day or over a day?

5i A They hardly ever docked a follow an hour

E‘on a day's work.

‘ Counsel for plaintiff objects, and asks that

defendant confine his questions to mr. Johnson.
BY REFEREE:

If the ”card understands it, these questions
just asked and answered are in reference to the custom of
paying teamsters. The objection; is overruled.

Plaintiff excepts~

. 55 Did they make any different contract with
Mr. Johnson from what their customary contract has with
you other teamsters? ‘

A ' I don't know. They gave him more work than
the other teamsters.
54 They liked him, and gave him work?

-30-

 6 O '
P A He was a good worker and had a good team
and they put dagiaflgnua in gim¢ _
55 ‘ You dough know anything abuut his hauling
PN‘ coal, or mining coal, or anything of that nature?
A No sir. ‘
56 Are you relatea £0 fir. Johnson in agy way?
A flrotherwiflnlamg .
_gfizmmcz' I‘E’iAQI‘éEggjiTIOH BY 1102:. ‘c. P STEPESEGS. V
57 Dia he work fur any othar gas Comgany?
A forkefi for “ather Eeialgfihn
58 He waa a cuntractar for fine 0f the Gas -
Companies?
A Yea sir9 aha Enigma I halieve:
' 59 30 you know abcut whafi wages he received from
Mr. McIntosh, whether the Sana or differentg within the
last year before he was killed.
Ccunsel for defaadant objects»
BY “CT 11313 3
' Overruled.
Defendant exceptaw
A it was thfi same.
69 Tell the Da&rd whethar or not Mr. Johnson /
constantly engaged in doing work of some sort for the$e \J/
Gas Comyanies and on the other work he was doing?
A Yes sir? he wuuld work for the Gas Gomyaniea,
-51-

 he had a job mowing on the golf course, he had two teams, '
sometimes he would have one team hauling coal, and the ill I
other would be mowing.
KazgfifignlEXAMIfiATlON BY HON. JCS. D. EARKIKS.
«“ 61 I Jas it necessary to use a double team in
hauling cell at any one time? x
' ,‘ A E0 sir9 but maybe he would have a team ’

mowing at the same time.
62 Was it necessary in hanlifig coal that he use ‘
a double team?
A ‘ H0 sir.

’ The next witness calla-2d for plaintiff, lair.
H. T. H1119 after being first duly sworn, temtified as .
follows:

DIRECT EXATJIINATIOH BY HON. 0. Pa STEPHEES.
H. T. HILL:
1 Your name is H. T. Hill?
~32~ ‘

 O O»
0 A Yes air.
2 Did you know the deceased, Clyde Johnson?
A Yes sir. I
5 Any relation to you?
X No sir.
4 Do you know anything about the kind of work,
he did, the amount of wages he received, and the length - I
I of time he worked for the Kentucky-West Virginia Gas
; Company for a year prior to the time he was killed?
A Well, I know a little something about it.
‘ I don't know whet her I would know how much he worked. 0
or not. I know that the wage scale was $5.00 and $10.00
V a dayg according to the number of teams used. ‘
5 You mean to say that he got £55.00 a day
for a single team? L
“ Yes sir.
6 And $10.00 a day for a double team?
A " . Yes sir. - 4
’ '7 Do you know whether or not he worked any
over time, if 509 about how much?
A Well I don't know about higher-king over time
for the Kentucky-West Virginia, but I mve worked with
him over time for the other Companies. ‘
BY REFEREE:
Within the last year?
A I couldn't say about that.
-33.. ~

 O O
8 Within a year prior to October, the time he
was killed? '
V A I couldn't my about that. 1 don't remember.
9 Do you know abeut the number of hears per
shift he worked for the Kentucky—West Virginia Gas Com-
pany?
A I never worked any for the Kentucky-Swat
Virginia Gas, Company with a team. .
10 Do you know ::zhout how much time he was engaged
in I: his work?
A sell, I know he worked yretty often for them.
Eirery once in a while, I lived. below him on Abbott‘s Greek
V and he 2.15:3 passing up and down with his team quite often.
11 _ Do you know ah cut his hauling coal?
V A I know that he operated. a little mine War
there, but 1 don't. knot:1 what he received in that mine
work. I
12 Do you. knot-v about what the wage scale was for '
the regular employees of the Gas Ceznpam'?
A For team work?
15 For a day's work?
A It me either 333.40 or $2.50 per day.
14. For what Compamr? I
A 1111313215..
-34- E

 O O ‘
15 Do you know about what it was for Kentucky-
‘ W