xt73bk16mf8w_317 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. [250a] Leah D. Farler v. L&E, etc., Perry Circuit Court text [250a] Leah D. Farler v. L&E, etc., Perry Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_31/Folder_10/0044.pdf section false xt73bk16mf8w_317 xt73bk16mf8w 9C " a c'
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tEyzt TWerniez' iri LT"IL Oi, oorn:3 i1: 12:7 cfwao <3; i305fl1 ‘ . -Vv:?;*r no. LL ' T
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End; the or “i“;l oiil om coeW> in ILiH cage YES Tiiifi; you C; Gotcha:
1:, léli, 3:5, 01 uetober ”1, 1 TL, ;Lvt I EOAC rev 1 001* 0; tne
Jetitioi tit Woo at La ogt Ref, 3;L$ILZSCH, o; Xuveioo: ;gg, Vent
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1:1;, aai t;en 3 gin o; Leco:uo: 7, 1'14, ;01 -:Leh fut a letter ;30;
Teettog fl 103§34 um e: Cote o; ;ovcnocr 2f, 141;. 315 jl(vifi t in
lfijis; eina 1:3r ZLQL' Jlfiq.£ug 942' ,,Lré cQ:,;s, :r: grifljiiuillgr t~::e\1, :L.;7:it—
Hi to W}fi.3?. -xaue13 ~¢ fit x339 glwi,w ::iouifijiig to _X‘.Qw, wai;wut
i_; let ;~‘:Qi' Q“. I ,. 1. 4x3;11211;, ‘:L:i:m; 1L1Q {Jail“3 :;0 t3 3F7‘.3F,zi:mi
the expire uiLl -0; ffirggcib en' ooxge ,”tl.§fi.
It ,wfi be an;: ;he rigciwnl 0; ti: fut ;uut in ;flTo: o;
'fgiigzzi;;; fr‘? un.z; Tfiin 541‘ _;13 t:or't3 CG.L‘01”1LKi1f» ”_:r~w:5 :;o;‘ CC .e
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I‘ ‘1‘ “'.I '. ~.. : "373 " 2:,“ A
s.M.W. ' “N
This letter was misplaced, and has just turned up.
Our records show that on Oct. 22,191A, re made a voucher in favor
of Leah D.Far1er--Payable to her Attys. Miller & Wheeler--=for
$197.60 to pay the amount of judgment ($150.00), interest (95 cts.)
and plaintiff's costs ($46.65), and that on Dec. lOth,l91A, we made
a voucher in favor of Wm.G.Cornett for $5.00 for attendance 2 days
as a witness in said case. These are the only Claims we have
received for voucher in this case. C.H.M. 7/26/15

 Q
. April 20, 1915.
C. h. Hoorman, Esq.,
Asst. Dist. Atty., L & H R R Co.,
Louisville, Kentucky.
Bear Sir:
I have just received a letter from Wootton & Morgan, asking
that voucher in full of costs in the case of Leah D. Farler v. L & E
33.00., prosecuted to judgment in the Eerry Circuit Court, may be
forwarded to Lee‘Laniel, the Circuit Clerk. It agpears from my file
that the original bill of costs in this case was mailed you on October
1%, 1914, and, on October 91, 1914, that I sent you a copy of the
Petition and Docket Report and, afterwards, on November 4th, sent
yours cepy of a letter of Wootton & Morgan, hearing date Hovember 3,
191%, and then again on December 8, 1914, forwarded you a letter from
Eootton & horgan unaer date of November 25, 1914. The judgment in
this case was for $150.00 one the costs, as originally taxed, amount-
»ed to $46.65. Later, a witness claim, amounting to 55.00, was put
. in in favor of Em. C. Cornett, making the entire costs §51.65 and

the entire bill for jufigmont aha costs 9201.65.

1' fif’ It may be that the principal of the judgment in favor of
plfiintiff has been.paid and the costs temporarily passed for some
goofi reason. My file does not throw any light on that pointa

1 Very truly yours,
I Counsel.

 0
April 20, 1915. , ,.
meesre. Wootton e Morgan,
Hazard, Kentucky. ’
Gentlemen:
Replying to your favor of the 10th, in reference to
costs in the case of Leah D. Ferler v. L & E, I cannot understand
why these costs have not bong since been paid. The bill for costs
was forwarded to the Assistant District Attorney on October 1%,
1914. Again, on October 21, 1914, I sent him a copy of the
Petition and Docket Report and, on Iccember 8, 1914, sent him a
copy of your letter of November 25, 1914, advising that in addition
to the costs theretofore taxed up there W3S§5.OO due and payable
to the witness, Wm. G. Cornett.
However, I shall write Hr. floorman at once, calling at» '
tention to your letter of the above date: d
Eours very truly, ii
SEE/e.
Come e1. _ ‘l

 BAILEY P. VJOOTTON JESSI MOHGAN '.
\‘DOTTON & MORGAN ,1 . ._,;— 1‘
gstintuegmni'viiam W12 ,0 . .1
HAZARD. KY. , .
15-221211 19th, 1915.
E21011 Samuel ..'ilscn,
I. exi 21;-ti. on , 11911131101237 .
Dear .Jir:
In 1223923126. to the cost in the case 01" 3023.121 122121.012 v.
I.. 51; ‘3 31:11; Go. 22.12-Tz53ec221tr2521 to j11€21i2r101113 in the 1122711272 Jircui‘b Lourt,
1912.111110]. eel-3 that you issue voucher to civer, soon .‘:-1125 1222336113123.
He tells us that bill has 22111122221132 been renderefl in this 112.521.131301‘.
r ...1 -1 41. .‘1‘.
”101111.: veiy uruld,
W‘MQZM V ”fizmaav:
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,‘,

 ' ' ‘NOOTTGN &v'§4(6?RGXN
Britnrzp‘g a :1;/£71m
HAiARcfi, Y. _
. i * / uovember 25, 1914.
hr. 5. n. Wilson,
Lexington, ny.
Dear sir:

Enclosed find statement for witness,
fiilliam a. uornett, in the case of Leah D. Farler
vs. Lexington & Eastern nailway Company.

nr. Cornett was over here two days. he
is a carpenter, and we think he should be paid 92.50

. “hm‘mnwflw
per day to cover his Eime and expenses while here.
\___ufl,w._,n,
he was the only witness in the :arler case, and made
us a good one. me is also witness for the company
in another similar case, which will be tried some
time in the future, Sally Ann ioung vs. Lexington &
Eastern hailway Company.
., We adviSe the payment of the amount he
;/ asks, viz., V5.00.
Yours truly,
,gz fi1¢§EZZ},,'f/llfl1l_,,

 I f ‘ . flovember 9, 1914. '
Legere. flootton e‘fiorgan; Attorneys at law,
Hazard, Ky. .
Gentlemen:~ . , '
. I acknowledge yours of the 4th inetent in reference to
the issuing of execution on behalf of plaintiff in the cage of Leah
:2. l’erler v. T. a 3‘: 3237.30. ‘ '
t While I think it fiery inconeieerate on the part of the
'y plaintiff an? her attorneys to hgye hefl‘thie execution ieeuefl, yet, I}
k 1 '
7 t if it was Hafie more than ten days after the renditioh oi the jufig-
-l,' ment, 1 do not see how we have any legal grounfl of complaint. By flea
livering the vouiper emf satisfying the judgment without any actual
V levy of the execution, the Sheriff is only entitled to half commis-
> PiOHS. If the Ehoriff is fiieeoeed to oblige you i3 the matter, it .
occure to me that you might arrange to pay him his usuel eommis— ‘ '
eions at once upon the understanding that he will not accejt;or'ae~
I jaunt to the plaintirr for the voucher'receivefi for a sufricient \
time to convince the plaintiff and more esoecially her &tiOEflfi§S\
. that it does no eood to be in a rush about collecting moneys from g
rihe reilroefl ufiaer jurgm~nts egainet it. I: this cannot be done, 1.\
. or if you do not think it feasible or doeireble, my juagment ieitlmk‘
we hue better go ahead ané close the matter up. It is not unlikely: ‘
that there fies unnecessary delay on the part of the Louisville offiag
in r miiting for this jufgment. ‘l t
I $er§ truly yours, 7 {V
.\ -,. r ‘.
§:s-_../a -
. Counsel. ' i
‘\

 ‘4
'EAILEV P WCOTT'DN JESSE MORGAN -
. VVOOTTON&MORGAN
Afin‘rnsus at 4L am
HAZARD, KY. -.'OTGL‘L'L'OI" 4;, 1914-.
W & /%
nr. L. m. ”ilson,
” ~nr". p“ ',1,-
luyfllilc so”, ..u .
rear fir:
tn ;esteroay we received voucher to cover
:.., w, ._,,4. if... .— “PC-l.) '.. _,-_~.. g . C. " a “we 1 ._.7 - *-
disaghieuio lilo. yd}. lil oil-L: Cglue 01 -‘::-.:.1; .J. ..;L1 .31“ LE.
~ 1.;». 4. . , -, ‘, - *- .,,," ., ,..- Vi - i :.W: .,.
lie--__Lii.:oOil «., “:.VECGI‘D rial l\.':-.;I so 4133;. In] 1;: dutzi’ineiib,
as :;u ;emenber, Was plSC.DO for damage t3 her resi-
: ~ “‘..-e 1 _e .. W -1 4 e 7 '7 v— » ‘».-1
(fence. e11 tile on; neloie I ieeeiiec Milt: \.QL‘LLaL,
.,1 ,.'-,~‘ ' ._,.p , ,_.1. c ,1 ‘. ”1_...- . ex ,.i. r : A _, “ ,.‘.
a110, ‘.Iiille l ‘..‘Lzb LLU ..iliflleéisui‘g, Lire ..C‘JfUEL. she ‘clelfl.
4- ~. .'7- -, A ,»..a .e .. .r “a :V a .» ,. : . . n
uO give new eleCution 0n the yuucnent, “Mich she that
day placed in the L nos of the gherifi. lie sheriff
.. ...JM. ...- ,- .e‘w' -. .-.—- ' in - M -. 7 \ V— '
~ N Manet: Lit Chimnltfilthi. l Jig-VIC relates to 1_.-21,; 11?, fluid
have refused to turn over to her the voucher until she
w + -u. - .- ‘- .~- m -.: «1' r - “" 4mg
gees tno ekeCutiun _lOu the uneiifi. l tale DLC
i7".. ',,“ 3 .4, - ,,. '.. A. 1“ A- ‘ . .1 r ' . .. ’ .1. \ ‘ _
eneriii Chl: neining that he could gust tale the usual
F We-” '. . ..._4. ~ M .. L- ' 1 .~ -A— ~’,
UOulEG in tulS mutter until I hear iron you.
f. ‘_g‘i it ~ .04- - ,... V.. .,e. s ,.. , , _ ...
She ulib‘rlll lS :;:,VSU up i u 21.0 “:; . a.
4% ,,.:w , .~. i T- - ..\ .n . »-
alno so Lgive as trouble. ultfl your consent, i feel
-~ , ,-_ ~‘_L .«l. :. 7 - .‘..‘..-“ l. ,- 1_ f 1
like me tight to JdSt let this thing Lo and keep her
n '1' 1'9 We "‘. ~' '" "“ “‘t :10 1." "v' .':C‘ 1': fr 1' r '.' 'I-' r‘ '
duh 'v_ :;81‘ (..;.(legy LILLb 0.») 311;; :....u .«e _‘_JQM../1Ll_t‘, Orlil'l, in.
~11 .,. A e e .., _ 40. 4- ,. -‘ __~ ._. see . “.AA
OLCLel to teach 580918 allab he so {_‘..}.1 we Call is set tiusbe
.. _.7 .,fi : . .,‘.4. : ' a :- -4...“ ,,'i s,:.. ,‘,". _ ._ _, .
letters up, etc this it oon't lOlualQ t;luib sleng to »
~ :1"~ \— ~ n-~‘<~? -... c a o '\ ~~. -.L‘ {“5 "“7”1” *‘ it: ~,-'\’-‘ '7 n-nn?‘
:LL) Glujbctbldli -.;».- I.L/‘31.: '...u C;L-J_LA.AC11U ..‘“ .ii:/.‘-CLblLLa

 BAKLE\’ P WOOTTON JESSE MDF’GAN
- WOOTTOPJ&MORGAN
Attnruen s at it an:
HAZARD, KY.
so“, I 27111 "be governed "1..; your ideas
in this nutter. So, "Lav'rite me.

5011:. "Left. :7 , ,

/" C
/ ’.“/x ,, _

It'/" ”i ' a
//

 I
‘ November 4, 1914.
C.H.Mmmmmwlmqn
Asst. Dist. Atty., L. a H. R. R. CO.,
' Louisville, Ky.
Dear sir:-
Please note enclosed copy of letter of the 3d inst. from
Tootton & horgan, in reference to voucher for judgment and costs
in the case of Leah h. Earler v. 3. a 3. 3y. CO., in Eerry Cir-
cuit Court, and in this connection please See my letters of the
12th and let of October, with enclosures, and oblige
Very truly yours,
(Enc.)

 , .’ ‘ ,1»
I ._. - «.,.,‘h‘ .,.
‘ I - “'5‘? ’ ':
is, ‘
,H .
2 ‘ ‘
1' v.
\ E’AILEY «.'WOOTTON asss: MORGAN
I
‘ WQCTTON&MORGAN
. ‘ ‘
. . , A»
Aifnxntn‘g at {Lil-1,111
HAZARD, KY, _ F “_H.
novehcer c, LELQ.
L1. L. L. Lilsen,
JJGZZLQLfLOIl, J.;.
Lear sir;
;ne clerk iniorms ;e an tnlg mAIQLLg that
N M " ‘ 5 w ~_ _- 1 R. u .,-, ..;. -.4". ..A , . “
;-eam .‘4. _J1;.Ll'.'_.e..'.., “119.71; ;'.t; u .,/.(;11€_~,,):.;, Om tubby; (Lag ...UlCGC‘.
'. 4 ‘n J‘ 3 q:"-* ..'“ 3 x"]+" ‘2'. " "tr-"F '.' :: -,1-:]1"~f qfl *7 (H'r‘ ‘2‘”,‘(3
“’..-.1.; L10 L).Au_‘.e C;.flrCL. uJ. Jun. ‘.‘L‘Ht .LAAL.» v u.‘.-~,_- .L “..__ ,-J. \J -.». .._ud. .1‘-v
rle.LU Jud men? w ich LAC Qatglneu ;01 upgtjefi to
«~ - ,-‘ _..z‘h ~' : ,— ”.”. ,m‘ , «’.’. 1' "
_uer j;t..>;,»31. ub‘ . k ..g.» up .; .LV‘CIQLJLLL g L «inww , ”A, (1.0.
a .. u ..~. - ..,“ ‘ ,- .-._ u r -'1: .. ‘....H, r,‘
1101) 1:110“? LL11}; LILLS nut; boixg; ‘uO LG (J_.);LE. vs. V .:.-.Ay,
I 3'31 t tZAi C jltd\_1xci;3 ill {.;uLE> 1:1:13 E¢;O , MILL 1. 4-3270
received no VoucLer 3* to tLlL time.
; 11b truly,
7 )
x' , »\ ,, {V 77
  /
1
/

 0

October fil, l€14.
Legsrs. Hootton & Eoygan; fittornoys at law,
fiazaré, Ky.
U {311113. ”Tm n: ~

1
I acknowleflxe zifih thanks recoiafi of your favor of the
1”fih insfianfi, onmlafling three capimg of Fetition :nfl locket Report
in the cage of Leah in Parlor v. 3 3 3 if.Coa, tri d 3% The recent
‘t01vn of 'the ‘39313’ UilTfllit -301u t. :
Ynurs truly,

5; 1‘7"," 9

Counsel.

 . _ .‘.‘»g:
0

October 21, 1Wl4.
6.3.floorman, fieq.,
frigate 3:1“to Mfr-{‘.’ 1370’“! :3 TI 3: ,1 COO,
Souleville,Zy.
Deer Sir:~

Complying with request conteinefi in your letter of fihe
lfiih instant, I herewith henfl you copy of ?etitioe,ané Locket
- le‘ort in fihe ease of Leah 2° Earle? v. 3 a T 33.00., triii at
the roconfi fierm of the Perry 3ireuit Comet.
Ymmstmfiy,

Tue. V
iii/a

Counsel.

 IAILSY Fr WOOTTON JESSE MORGAN
' WOOTTON 8c MORGAN
Afintuegsminvgam
HAZARD. KY.
- October 19, 1914.
Li» 5. h. Yilson,
Lexington, Ky.

Leer Sir:

I herewith enclose you three cogies and
docket report in the case of Leah L. Earler vs.
the Company. You willnote that this petition was
filed Eeptember 8, 1911, and 1 think that hr. Jouett
was iurnished a copy of this, but at least, it is
one of the old cases and I presume that is one of
the reasons that your file is incomplete on it.
Ir. Loorman, as yoi remember, requested this copy
oi the petition and docket report, before he would
send voucher on the judgment obtained at the last
term of this Court.

Yours truly,
7 2/
7°

 I .-
sneer OIhOUIT COURT.
ZEiE L. Enillfi, ELllhllFE.

Vs. inrlElOI.

LiLilhifijOfi'E: Lhnujjldi

illfilCfilflW,h.i.

94.301? 8; JOE-Ell zinger, E

JOElS—LiVls DoggnEY, DflgfljLnfiTb.

The plaintiff, Leah L. Earler, states that the
defendant, Lexington & Eastern Railway Company, is a
corporation, incorporated under the laws of the state of
hentucky, with power to contract aid be contracted with,
to sue and be sued in its corporate name, did that its
chief ofiiice is in the city of Lexington, nentucky.

she likewise states that the JonesGDevis Conpany
is a corporation, incorporated under the laws of the
Ltete or Lentucky, with power to contract and be contracted
with, to sue and be sued in _ts corporate name, 816 that its
chief cities is near hazard, ferry Uount;, hentucky.

She states that she is now and has continuously
been the owner and in possession of the hereinafter descrited
town lot for thelest five years and was the owner and in the

V actual possession at the time the wrongs, acts and damages
hereinafter complained or were committed by these defendants,
their s;ents,hired hands and employees; said town lot is
described as follows: lying and being in the town of hazard,
ferry County, hentncky, on the west ci e of ”sin ctreet, near
the lower end of said street and adjoining tLe lot of E.C.
:ener, and beginnint on the southeast corner of said h.C.
Leher's lot; thence running with the line oi said ;eher‘s
lot to the north Fork 0: the hentncly ;iver; thence up
the river with its ueniders to the northwest corner c: that

 O
I

is known as the J.J.C.hech lot; thence with the north
line of said lot to Lain ctreet; thence north with main
street to the beginning.

bhe says that her dwelling house in which she
lives with her family stands upon said lot and did at the
time the wrongs, acts and damages hereinafter complained
of were cimmitted; that same is a two story frame house
consisting of Six rooms and a heck torch; that adjacent
thereto upon said lot stalds her store house which consiéts
of a front 4nd back room aid that eeid store house stood
upon said lot at the time the wrongs, acts, depredetions and
damages hereinafter Genghined of were committed.

she states that the deiendent, L exington & Lestern
neilwey Company is the owner or e railway right or‘way run—
ning parallel with the back side of pleintiif‘s said lot, witi
the Horth Fork 0: the hentuchy River lying and running between

_ said lot and said railway reed bed and righmof way, thit said

town lot lies upon and adjacent to the east bank of said
river and defendant‘s said rnilnej road bed lies upon the
west hank of said river end adjacent thereto; that said
river between said railroad bed and Enid lot is only about
200 feet in width.

Ihet on or about reptemher l, 1910, the detendent
Lexington a Jeetern hailmay Conpany, through it by its
contractors, dones-havis Company, h. m. Mason end uOhfl ;urst,
its co-defendents, through end by its and their hired hands,
agents and emgloyees, commenced and begun and have continuous-
ly cince that date been eng; ed in the grading and construc—
tion of its said roedhed on the oggosite side of said

 — O
’ V
river from this plaintiff‘s aforeSaid h uses and lot and
that its right or way Opposite her said houses and lot for
- several hundred feet both up aid down the river from
plaintiff’s said houses and lot, consisted of almost wholly
or a solid cliff of rock out of which said roadbed has been
and is nOW'heing constructed h; these deienCants, and these
defendants through their contractors, hired hands, agents
and employees, wrongfully and without right and in a negli-
gent, careless and wreckless manner in the grading of its
said road bed, placed great charges of dynamite, pOWLer
and high explosives in the said cliff of rocks and earth and
fire them oif in such a wrongful, negligent, careless and
wrechless manner that they did at divers tines throw great
rocks upon the plantiff‘d houses and lotnhich did knock
great Ehgles in the roofs, walls, ceilings, floors, and wall
paper of said huiléings aforesaid and that by reason of
said negligent, careless, and wrekless acts u:0resaid the
rain poureC through the holes and wet and damaged the build-
ings aforesaid, and by reason of said acts, aroresaid of
these deiendants in blasting and grading said road bed her
said houses upon said lot have been damaged by them in the
sum of 9W0 Hundred and fifty (9250.00) Dollars.
bhe further states that at the time said defendaits
begun the construction of Said road bed, oppo$.te her said
dwelling house she was occupying end residing in Said dwelliq
house uyon suid lot with her iamily which consisted of her- V
self aid husband, a girl whom she has reared :rom childhood
and was keeping a boarding house for a living, and that by
reason or the wrongful, negliéent, careless and reckless
manner in which these defendants, their hired hands, agents

 I
i
and employees did said blasting and shooting dynamite,
powder and high explosives in grading said road bed, and
by so continuously throwing stone, rook ant Cirt upon her
said houses and lot, and by knocking great holes in her
Said hdises as afmresaid they have constantly kept herself
family and boarders in great fear and danger of losing .
their lives and have at divers times wrongfully run them
all from her said dwelling and has constantly kept them
herself, family and boarders in fear of great bodily
harm and of their lives by reason of the said blasts,
and by reason of the facts aforesaid these defendants have
wrongfully and Without right in manner and form as
aforesaid injured her in the use and enjoyment of her
said dwelling house and lot as her home and dwelling and
boardin: house to her great dannge in the sum of Two
hundred and Eifty (n250.00) Dollars.
hhnfiifcid, plaintiff prays judgment against
defendants, Lexington & Eastern hailway Co pany, Jones-
Davis Company, h.h.hason and John nurst, for the sum of
Five hundred Lollars in damages, for her cost and all
proper relief.
Killer d Mheeler.
W
'Ihe plaintiff, Leah l). Earler, says that the .
statements contained in the foregoing petition are true
' as she believes.
her
Leah h. x Parler
LlaTJ‘I.
Subscribed and sworn to before me by Leah L.

 Parler, this the 7th day of september, 1911.
.L- Tn _.‘lheelera
Rotary ruhlic, :erryCounty,
s A N r u o n Y.
Jiled, tax paid, 1 summons and l c0py issued to reyette
County and l summons and 5 copies issued to ferry County, >
_ this the 8th day of beptember, 1911.
Lee Daniel, Clerk.
by Arch Cornett, Jr., D.C.
2 copies furnished defendant by Floyd Cornett.

 , 4.
:EEHY CIEGUiT CGURT.

L343 3. Fifiljfi, BLAIEQI?F.

V5. 3;:IIICU.
LfiilEGIOE & fiLéIERfl
3-1.15.1 come! 1", E. ii.
;iASOH 6; JOHE‘ZEJLQE, 5:
JO£53~LAV15 GogiifiY, DEJEELtEES.

Qhe plaintiff, Leah 3” Baylor, otetee that the

V oefeoeent, LexingtOi e Beetern Railway Comyeny, ie a

cmryoretion, incorporated unoey‘the lows of the state of
hentucky, with gower to contract 31d Le contracted with,
to sue ena be sued in its corporate name, filo thet ite
chief oifice is in the city of Lexington, Kentucky.

She likewise states that the JonesQDz-Wis 0011;) 2.11:;
is a corporation, incorporated unaez the laws of the
State of Kentucky, with gower to contract and be controcteé
with, to fine ago he eued ifl ;te ccrgorate naoe, 31d that its
chief o fice ie near Hazard, Berry Count;, Eefltucky.

She statee‘tg t she is now and has continuously
been the comer ené in poeeeceion of the hereinafter deecribefl
town lot for thclaet jive yeart ena was the owner and in the
actfiel possession at the time the wrongs, ecto ené'éemegee
her:ineft3r complained oi UeIe committed by these deiendants,
their ogente,hired bends and employees; eeid town lot is
describeé as follows: Lying :nC being in the town of Kazaré,
Perry County, Rentucky, on the meet Li e of lain otreet, near

, the lower one of said street and ;djoining the lot of 3.0.
baker, and beginning on the :outheest corner of said R.G.
;eker‘s lot; teence running with the line oi :eid ;zker‘e
lot to the Berth Fork 0; the Kentucly fiiver; thence up i
the river with its menidere to the northmeet corner a: what

 , t
. is known 3e the J.J.O.bech lot; thence with the north

lihe oi eaid lot to fiain street; thence north with main
street to the beginningo

eke eaye that her dwelling house in which She

‘ lives with her family SLdldS‘flpOfi emié lot efld éié at the

time the wrongs, note ind flamegee hereinafter complained
of were 0 Lmdtteé; thet same is a two story frame house
consisting of six rooms uni a back gorch; that adjacent
theieto upon geld let etglde her store house which e3neists
of ; front .nd back loom e15 thgt Siio Ltore house stood
Egon 2:16 lot at the time tie wronaa, cote, eepredatione enfl
demegee hereinafter oergbinee 0i were committed.

Lle itetee that the deienaant, L exiagton & eastern
Railway Company ie the owner 0; a railway right of way run-
ning parallel with tLe buck eiée of plaintigi‘e said lot, wifii
the Horth For; 0; the Aeetuehy River lying and running between
said let end Said railway IOeQ bed finfi righéef way, that Said
town lot lies upon and adjacent to tee eeet'hefil of saifi
river aflfi defeneent'r said railway road bee lies upon the
west Leak of said river and Legecent thcreto; that Said
river between said railroeé bed and said lot is only about
800 feet in width.

Ehet on or about leptezmer l, lSlO, the defendant
Lexington L j;steru Rail e3 Cogpeny, through at by its
contractors, Jones—Lavis Oemyeny, l? l: Leeon end John Eurst,
ite eo~defendents, thiiu¥h and by its and their hired hands,
egeete and emgloyeee, commenced end begun and have continuous—
ly ;ince that ezte been eig,3eé ia the grgeing and een$truc-
tion oi‘its said roedbed on the ngoeite side of said

 , 0
river from thiS platntifi's aforesaid h ueeo and lot and
that its right of may Oppo&ite he: :aid nouoes and lot for
' several hundred feet both up 81d dorm tho river from

V plaintiff'e said houooo and lot, consisted of eldest wholly
of a colic cliff of rock out of1 hick L3i§ roadbed has been
and is now being constructed L; those do alougte, and these
defendants through their contractors, hired hands, agents
and employees, wrongiully and without ri5ht and in a negli—
gent, careless find.fl§§E§£2E§ gonna? in the grading of its
said road bed, placed greet charges of dynamite, DOWKGT
and high explosives ifl the said cliff of rooko and earth and
fire them off in such a wrongful, negli¢ont, careless and
flggcklegg_mounor that she; iii at divers Diafifi throw great
rock: upon tie gldntlff'G h>usee and lotvhioh did knock
greet wholes in the roofs, walls, ceilings, floors, and wall
paper of “it 33:2;1. 13:15:51 :L;{‘o:oe:3.:;id and. ':‘zirmt by; reason of
Said negligent, carolooi, and wroilooo note rimseaoid the I
rain poureo through the holes and web ghi doubfiod the build-
ings ajororiid, and by re: on of bold note, hieroaoid of
thooo Cefoniaote in Llaotiog 31$ grading said road bed her
said houses upon Phifi lot hoTe been fianc;ed by them in the
sum of Ewe Hundred and Fifty (gieonG) Bollarp.

Bhe iurther ot;tee t1.t gt the time raid defendalte
heyun the construction of o.id :ood had, 0 jofi_to her said
dwelling house She or? ocozgyinf LnC re iiing in said dwelling
gouxe Egon xiii lot with her .,mily which coneigted of her~
self flld Lu band, a girl when she has roared from childhood
3nd was keeping a hearding hou e for a living, and that by
reason of the wrongful, negligent, careless and reckless
manner in which these defendants, their hired hands, agents 7

 I C V
and employees did saifi blasting ;oé shooting dynamite,
powder and high explosives in grading saio road bed, and
by so continuously throwing utone, rock ant cirt upon her
said housea and loo, ifld by knocking great holes in her
ssid houses a: ggmfieooid they have constgntly kept herLelf
family and boaxfiers in great fear ;no danger of loeing
fihcir lives onfi have it divers times wrongiully run than
all from he: éaid dwelling ”m6 hag oonatanilg kept fihem
herself, family ana lo rdors in fear oi grout bodily
3132112 and o their lives by reason 01‘ the :..aicl Lla'lsts,
and 35 reason of the facts aforesaifi these Gefondfiats have
wrongfully‘ a5 vithout right in monuer and :orm as
aforesaid ingurod her in the use ago enjoyment 0: her
said dwelling house moo loi as her home and dwelling ano
bo;réin_ house fio her great damage in the sum of Two
Eundred and Tiffiy (o250.oo> Lollara.

TEELERQEQ, plaintiff prays juflgment agwiost
éefeod fits, Lexington & Eastern Lailfiay Co Qany, Jofles-
Bavis Company, I.5.Qesou and John :urst, ior the sum of
Five “moored Bollars in d gages, Lor her cost ago all
groper relief.

Eillg: Q Xheslor.
,'gstgjrs. _'or E‘I‘lffu

Jho glaintiff, Leah La Earler, 9:33 that the ’
statements contgined in the foregoin; petition are true
as she believes.

her
Leah D. 2 Parlor
maria
Bubccriheé 3nd Sworn to beiore me 13 Leah B.

 ,2 O

Farler, this the Vth day of Cepteuber, 1911.

l. E. Hhcelcr.

Rotary Euhlic, Berryflounty,

5 3 H 3 U a A Y.

Pilea, tax paid, 1 summons uni l cepy i sued to anette
County and l summons enc 5 copies i:Sued to Berry County,
this the 8th day of September, 1911.

Lee Daniel, Clerk.

43 Arch Cornett, Jr., 3.0»
E copies jurnished eercndant by Floyd Cornett.

 (‘ Form 182 LA‘V DEPARTMENT
LOUISVILLE & NASHVILLE RAILROAD COMPANY
35.32331 Lexis 11.31.26? ’
OFFICE OF ATTORNEY ATM. -. ' ., . -. .,,i,. _ W
‘ .... i..-”“07 -. 4
B. D. WARFIELD, 7 7..-- (1.,). of; u b 90* ,, [91
District Attorney.
LOUISVILLE; In; BEPOHT 0F PROCEEDINGS. T ,
.JCizil _.:0 .i.. €33,193: ...‘0 (:3 .J.
172 (116 case 0/,. . . vs. _ . .
I W - a ' Ii
‘ ’ 50375011001“ ."’O’DOLLfli ‘4-
tlzc fo/[ozvmg prowcdmgs were bad at 1116.. “ x” R .. 727m, 191,. . .
_orsd‘ ..::L‘soui‘u 5033;?
of #26,, -,.. . . .../7.- . Cour! q/ .Comzl}.
DATE PROCEEDINGS
5116': - ru '10 _ 2:123. alga}. :3.: , _C: 15 26., OT}
55:13:1- _ I.i»;‘-.’:‘-.?;;C’.rz. :E‘-::::.‘ 1.10:: i?:i::.i?. :,orl , 33’3- 0701‘“
236.13.!) .': 12;? “53:10 0113‘s. 7P“ V a . W 5.17 “f
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WWW/F fl , / ,.,..- .
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[5101\7ED]» 7 ML'L/HL/ 7 I V_ ',’». " V .
Allor'QeyL. & N. Railroad Co.
Mi’fl. Give date of filing 8.11 pleadings, and their character, as petition, etc., etc.
2. Give date of all proceedings, such as motions to strike out for new trial, etc.. etc.
3. In reporting a. continuance, state at whose cest.
4. In reporting ajudgment, state date and amount of judgment. If appeal be taken, state by which party, and whether
bill of exceptions has been filed: if not filed, What time. if any, has been allowed for filing.

 _ i 2:: 2 ‘
October 15, 1914.
.
‘ :ZG‘ZE‘EI‘S. kL-ootton 6; :.Eorggzm, Sdgtor C38 at lav,
..f_::i::a1‘€ , Ky.
{if-ontl on en: - ' ‘
hero-.'.?itiw note lotto? of ‘L‘hs lith instsm‘t from LET. i.’;oor-
man, “0,5111: that copy. of Petiti on {1116. Docket Z'lenort be furnished
in thif‘: 0:1-330 of '.')oah :7. Parlor v. 1 .:‘”.- 1i ligf.Co., tried at the recent
‘ ‘bem of 1the I.')orz‘y Uirouit Court. I do not apoea’xr to have an; obny
of this suit in my file. l‘i’ifih you}: reply please return fir. lZoor-
2'1-‘321‘8 lotto}? “‘50 mo, a115, oblige,
Yours truly,
~ iii/a
Counsel.
\