xt73bk16mf8w_328 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. [258c] Crawford v. L&E, Lee Circuit Court text [258c] Crawford v. L&E, Lee Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_32/Folder_9/0366.pdf section false xt73bk16mf8w_328 xt73bk16mf8w ‘ .. 4%; Weasmgtuu &gastemt idmlmag mpaug,
- X
. ‘ LEXINGTON, KY.
' a.m.Williams, of Lexington, Ky middle brakeman on No 11 May 5th
states as follows.;
Saw Sqflire Crawford on end of last car of the cut on
Siding at Waller spur, working there , and when I was within 50 feet of
' him and the fits: other men about the cars called as loud as I could
"Look out",this was before the cars on the siding an were coupled
to and I believe the men had heard the engine coming in as the engine
11 bell was ringing all the time, and I was letting off the brakes
and looking under the cars ton see that there was no obstruction on
the rail. did not see Crawford fall but helped to get him out from
between the car and the post of tie elevator.

 ,L ‘1 flexiugtun & gamma ZRaiLmag (Enmpaug, ‘ '

/

_ , x
._ LEXINGTON, KY.

Barney Crawford ( Colored ) age 27 brother of Squire Crawford
lives on adjoining farm to Squire 3mm Crawford was within 8 feet of
Squire Crawford did not hear the engine come .in ,or the coupling make
on account of the noise about the cars Iw as on north side of the same
car morning of'.May 5th and heard Squire Crawford make a noise on the
north side and went over and saw him falling, went to him and caught
him when car was moved to let him go from between side of car and elevator
post and helped to bring him home on cot.

 ‘3.) ilfmemgtnn & fastens Badman (Enmpamg, ' '
l.“ .
LEXINGTON, KY.
Dr. R.R.Johnson, Tallega, Ky makes following statement.

was called to attend Squire Crawford about 10;50:A.M. morning of May 5th
found him at his home resting comfortably pulse ’72 per minute,
respiration good suffering considerable pain at time also some tenderness
over region of bladder, external signs of injury, right side. showed signs
of a bruise to the superficial layer of skin, no apparent signs of fracture
which would be likely of the pelvis if any peasant. Crawford very much '
frightened and believes he is hurt more than he really is.

 . + , ‘ . e ,
‘3 fleaexngtun & filfitbfifi 335111303513; (Egmmtg, "
' I
g ‘ LEXINGTON, KY.
Wm Gabbard Athol, Ky employed on the river by mr C.B.Waller
for the last 3 weeks makes the following statement regarding the
accident at Waller morning of May 5th;
Was on top of same tier of
ties of same car with Squire Crawford stapeling down the wires .
heard the freight train come through the cut, did not hear them come
into the spur at first as Mr Waller had told the hands he thought
the engine had gone to Tallega after empties, and first knew of eng
being on the spur was when cars gave a start after an ordinary
coupling had been made. saw non brakeman at that xi time , being busy
with my work . the next thing I heard was Squire Crawford'cry out
"Oh Lordy" I then went down off car and found him pinned between posts
of elevator and car L.S.&.M.S. d 55887 trying to get out.
by this time engine crew had notice of trouble and moved slightly
forward to let him loose and I helped to take him m home.
Being on top of the tier of ties in the car I was staggered
when the cars were coupled, but kept my feet allright.
All of us were off our guard about engine account being told by
Mr Waller he believed engine had gone to Tallega after empties.
- P.F.Kesheimer;
C.T.D.

 ' $ l s 4
L . . F152—1M 9-96
. exmgfin and Eastern Railway (20.,
" REPORT OF INJURIES TO INDIVIDUALS. '
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I. Name of person 1nJur€d;r-7‘l—’—Li;——’———Y—Eil—L————‘—Vk—l—-Residence, .« , I . 3 .V:, 04.41%- 4’.-13:5. ', I' , 3,3.
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“A 7.’ 3 7 _———~———(g—’———_-——
2. Occupation, L a ,L. “I.:; -_._ ;.'}.L ;Li:,;-.. ._ Iii-:5.; _._—___... ___—___“
”___-—_—-'——'—‘ —r~'—_’—‘""—. . ”‘,.‘-“‘. .___—___—
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3. Cause of injury,_.__.—___—' » ' .___—..._.fiLLV—m v
. / / .V . 3 . 7 ,,,»! V
4. Train No.___._'—_._V_____._—_.._.Loca11:.y (nearest mile post), __7L_LL_A_____.._ _.
/ I
"iii—":Ff'w—‘W—__———“m /‘\ 5: L , , . ‘_V
5- DateI~—iif—4—C‘—;-"—'—--———e————Tmze (state hour of day 01- nighlII—L;——'_L_L;—Jfl___
6. Nature and extent of injuries;__é.‘_“—'——4~——w—J———Laaui'_l_4i__;;_‘__;_3_;’—‘i_ / ‘ f I' -~ '
___—.._————-—————~————_—______L__-' ____L__..
. . . . . . /‘ "'.-'7‘ ~ V. .
7. \Vas'inJ ury caused by carelessness of the individual? (If so, in what respect? (State fully)._/_4_.._'—____L____ [,
{7‘,/j /, X? _/ I («I , I . _ .‘_...e _ .“'}; , , V I . . .‘ V’. ._'/,1 . 4 Av" ,.’ (“‘:‘-:'- L ‘L‘- /"\
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8. Was injury caused by carelessness of any employee of the Company? If so, in what respect? (State fully),~;_1;;(;_._._
W__—w
”_._—MW
W__—..___...“
9. Give name and occupation of such employee. —;,l— 924mm
10. Was injury caused by any defect in Roadway, Track, Bridges, Machinery, Rolling Stock, or equipment of any kind. If so, describe I
nature of such defect fully—#L—H—amafla ___—W__
__.—.__———4————————‘—’—“—"‘————‘———“—"_ -——-——-———————————«———-——~—-————~——————
___—___...—-—————————-———"—“—'—‘ —————~——-—-—~—-——-—3—___..___~__—_—,—_ . V...
) a: r I"
II. Give the numbers and initial letters of the Cars-and Engines by which 5a1d_;__—________m______ -
L " l 3.'... ‘ V _ I' ’2’ KM ‘ \.-' 3‘); '
was injured_#__/4_»4_JL§.;.L_L_X—________._—.__
7\L‘, _ ___—___.____——————
”“‘ . . V/ /; , _ V , 3:3.
12 State whether the Cars and Engines that injured saideflW were in good condition and
,, /
repair, and if not in good order, state fully how and in what respects they or either of them were out of proper Olden—___
I", «('1 3 3"} .'.;I
13. Describe character of weather (whether clear, cloudy, raining or snowing), _‘.—..__;_—____________.__ .
r4. lVas any attention rendered individual by the Company or by its employees. _ (Describe such attention fully),__fi_.___ ,___-_—
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' 4 .r - ~ , r . -' /" / . ’ / a ‘1 ‘-—'V' 3...”...
15. Give name and residence of attending Physician.'_‘____.__7LL_._1___4—..———~—;I—Wi-— ..___—..__
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I6. Give names and erideuces of all witne-ses in Company’s employ, “W.,—:.L: V ‘
__~__ '— _fl—‘L/(m [,3 ,., 7"- : . ,“33‘ ‘,.', .3 . I , ' W [_,. ‘ ~——..
[It I ' -~~
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17.//(,}1've names and-residences of all w-ituV‘sses‘not in Company‘s employ,._'v__‘- MMHQAW . . ,I ,I; ,f‘ I I
18. Give any further partlculars you can in regard to the causes which led to tl Is Injury; state if the individual was deafrblind, intoxicated ‘ I a I
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- Sign name ..LA-..___;_.-V ,,3)... I __y.-.7:____.._~__.__: A h 3 *3
Occupation-_—~~¥4~+~~V~..._V-- ..-_» _ _ .
(oven)

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exmgton an Eastern Raulway C 0.,
‘N REPng OF JURIES INDIVIDUALEE.
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I. Nan I of person injur- J'UII ' l‘ 'U . Residence, (7 a W
J A A‘A-L‘ ! _..___—_———.~—————~————————_
2. Occupation, a ._. ,4QJQ’QIXILN‘ W. Vs, ,, ,,.__,#__._,__‘__ M
3. Cause of injurW WWW
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“_ng_v_-.____.__
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4. Train No. «Ii—\fl—__._———Locality (nearest mile post), M’_m .__ .. ._e __ __ ‘
WMJ—Q—mu—~———Time (state hour of day or night),.__l:[_isi_a_’1fy¢_é ./ :34? _
6. Nature and extent of injuries @WW
___________________._.___.__
7. Was injury caused by care -ssness 07’ he individ 91? If so, in what res- -ct? (State fully), / W
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K 113,1 ' _ ____ ._ _i_________
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8. Was injury caused by carelessness of a v employee of the Company? If so, in what respect? .' (State fully),%_—_
/ N in”!
9. Give name and occupation of such employee, ‘ ________________"i___._—_____
10. Was injury caused by any defect in Roadway, Tr ck, Bridges, Machinery, Rolling Stock, or equipment of any kind. If so, describe
nature of such defect fully,_—%E/———’——d——._#_ _..—_.—#A__-__- ._ 7,," ,. .4
____________'___,____._——4 _ i__. ._,#AA_,, _ wffifl a“ ”W‘_
'/7
1r. Give the numbers and initi letters of the Cars a 4 n inemwhich§i(j_r_____._________~__
was injured 1 9 «7 fiflagfi
___'_________.__rZ_._._—¢——__._.____._._~_____.____._._._._—
j A _ _ ___c_
I2 State whethEr the Cars and Engines that injurEd Said‘ééidmfl‘—jfi‘%fl-/—L—D-~——.#~—~ were in good condition and
repa and if not in 0d order, state fully how and in what respects they or either of them were out of proper order.+ZflA_'—
«it»
13. Describe character of weather (whether clear, cloudy, raining or snowing): .__—_— aim—.__—
14. W any attention re dered individual by the ‘ompany or bgyl‘s employees, (Describe such attention fully ), W
, in ”La s m _énsé
_ ;._.__._———- i " I] . -__”.___-——-——_._.__.__—
15. Give name and residence of attending Physician. _L._ Ill" / M :.J ‘, 7 [I _ j
x m
I6. (Ila n :3". and residences o I witne:ses in 'mW‘uy’s 1 nloy, __ . .’- _I ”A A, .7. -
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STATE OF. _-_.---- ___—_—
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Pemonallg/ appeareo.-.\ (bore me, a Notary Public in? and for said County
and State, du’g/ appointed. commissioned and qualified according to law, flee above 72amed_W-.WCW.---_._____
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"' {/65 Oct olver zeth, 1310.
f! f
E. S. Jouett, Esq., f 5 File 14.
Winchester, Ty.
Dear Sir:-
Encloeed please Tied copy of petition in the case of
Squire Crawford vs. this Comyany, for injury sustained at
Waller'e fipur on Tay 5th, tOgether with my complete file on
this subject. (This means I am sending you all payers I have
on this subject), inelufing
Two statements from Conductor,
One from lraimxaeter,
One from Dr. Johnson, who attended Crawford;
One from Barney Crawford, brother of plaintiff;
Gee fro~ Wrakemen C. T. fiilliams;
A telegram from Conductor;
A stetement from stationary engineergat Waller's, Jesse Greer;
- A statement from ;he Conductor, “bu Combs;
A communication from E. H. Alexander under date of Tay 10th;
Another one from Yr. Alexander, Te; Slet;
A letter from Vr. Weller, June let;
A letter from Dr. Johnson, June and;
A letter from WT. Alexander, June 2nd;
00px of letter to 7r. Waller lune 3rd;
A statement from Fr. 30 USOH, Vey 24th; I
Copy of letter to Waller, June 30th; '
Letter from Dr. Johnson, October 7th;

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Cop; of letter to Fr. Johnson, October 10th, and
Copy of letter to Dr. Johnson, October 27th.
(Please preserve in fire-proof safe.)
Will you kindly look after this case for us.
I would suggest that it might be well, if we can
prac‘ically and legally, to delag trial in this case, and it
he
might possible thereby to find out what sort of a contract
Tessrs. NcDaniel & Roberts have with the ylaintiff, and, if
practical, make settlement out of court.
I will be glad to have ;our views about the neuter.
Yours trulg,
. > A , Q A;
L/ ”‘1/ WW“M 1 1
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Enclusures‘ General Tanager.

 O - ' ‘ O
N
,. ‘ ‘
Catcher 37th, lilfi.
Fileefififi?
fir. R. R. Johnson, ;= [lim a‘
,2"; ,5? ‘3
T511693, Ky -. {_../N “ "
Dear Sir:- I t 6 ,~
Replying to genre of 7th instant enclosing your
bill for $21.50 for services reoeered gouire Crawford.

. \ Crawford has new brought suit and, of CLUFSG, titre
is practically no chance to Settle this on a feir and equitable
grounds out of court.

fie feel that we would be fining you an injustice to
hold up your bill longer, and therefore ennlose check and vouch-
er in your favor for the above amount.
Yours truly,
incl. General fieneger.

 . O ‘ . .‘
\‘.
« Tm . ,
‘figtober 10th, iglg.
j File 1:30.
Br. R. R. Johnson, , E ,5 w, 4 '
sausage, Ky . ' if I, ,
. .:‘ ““4” t
35:41" E312~z~ 1 i , ,
Replying to yours of 7th inetgggjLn ; have your bill
for $21.50 far attending Squire flrawford, and I want ts pass
this hill up for the time being, and I want to impress upon you
that I intend doing what I told yea when I had the pleasure of
seeing ycu, viz., that I intendefi to treat you right in this .
case. '
Will yum kindly bear with me now until we can get up
ts a final settlerent.
Your: truly,
General “unngar.

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Wfa We;

 July 50th, 1910.
Mr. C. B. Waller, File 14.
Tallegn, Ky.
Rear Sirz— -

If I can have fihe pleasure of seeing you in regard to
Squire Crawford’s personal injury claim, I will come up Wednes—
day, August 3rd. Will you kinely advise me.

I would also like to meet Dr. Johnson, snfi have a
talk w1611hiw on 113 eukject, in order 10 make some safiisfact~
or}; settlement of his “031.11, 3% 51:3 15:1" <fioahl;=y’ would like to have a
talk with Crawford himself. I do not care to make an upyointa
menu wit110rawfcrd, however, hxm if you can, indirecilg, have
him n1 some convenient place :;ere we can see hiy, ;refcrably
:~1here he is at sarcrk. I

I

Please let me hear from you as ear1¢ :9 practical.

Yours truly,
General Ianager.

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June 3rd, 1910. F4
' File its a
Er. C. B. waller, , i g I
7 S i F

T 3.1 1 t3 EFL , K j . If "anew“; 7
Dear Sir:— ’\””“”””meyfl

I am cbliged for yours of lst instant in regard to
Squire Crawford.

I @391 that you are or should be deeply interested
in :his case, non only on my account but on your own, as I
understand thia man was carrying out your instructions when he
wag ingured‘

I wiii be glad if ycu usujfi kaep track of this case
and let me know when he has Tecmvered, and what if any steps
are taken in the meantime.

Yours truly,
General Fanager.

 b ' O ' Q ‘
; EJiALEXANDER.
INSURANCE AND SURETYSHIP
LEXIi\G"‘ON,KY.‘ ,
I!
Lexington, Ky.,June 2nd.,1910.
In re Squire Crawford - C.B.Waller, Eallega, Ky. 7”” ”k ‘»
f ‘ 7
Hr V. A. TcDowell,3en'1 Manager. ' I ; kw?" ,'
gr 7:
Dear Sir:— .H fie”
Herewith please find letter from Dr RTFYSEnnscn in the
above ceee which is self explanitorygand can be ;laced in the file.
Yours truly:
I
_ _ F
fi _

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' _. C. B. WALLER,
" RAILROAD TIES.
.‘3 TALLEGA. KENTUCKY. ‘
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4’ ' ' _ May 315t..l910.' _
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‘In r9 - Squirfi CrawEGEé — 6.8.Wa11er, $allaga1~MR \ ’
' 3:31;;E J
Br R.R.Johnaon, I; iér K ' _
Talluga, Ky. if i xfiJ »
Sear Doctorz- _ »KWWQMNwMWMM
You will reaa11,tha§ x called uywn you tha aarly '7
part 0? the wonth31m Eha ahGVQ anse,anfl yen gave me a verbal
reyart n3 t0 the caulition of Craw§crd,who £a$ at the 31mg
‘ nonfined to the hnuae. ' . I
4‘ I will aypreciatw very wuch if you will let me _
knew hia praaant cwnflitian,whether 0r not hé is now able to ,
resume his onaupation. vanofi at work,how much lwagar will he
have t0 lay off? I
‘ Thanking yam far an immasiata rsply, I beg ta remain,
Youra truxy, ‘
' h . E.H.Alexandsr »
Cepy for Mr McDowell,Gen'l Manager. ,
!

 _;
a,» 251.1, 19 :10 .
Film 14.
yr. C. B. waller, E 3
r1 ;- f SKA?"
i a}. 13‘ 33., 13:-7 o   5: <
Dear Sir:-
Eeferring to squire Crawfcrd‘s injury at yuur figur on
flay 5th, ail: gag kindly advise me how he is progressing.
Ecurs truly,
General Ranager.

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‘KELLALEXANDER
!NS~.‘R.£~..MCE AND SURE"\/SHIP
LiEX!iߤTON,KY. ' .
.r
Lexington,Ky.,May 10th.,1910.
In re - Squire Crawford — C.B.Waller, Tallaga Station. -
Mr.W.A.McD0well,Gen'l Manager. ' 2/3; I
Lexington, Ky. ff m?"
Dear Sir:- ‘ H

Agreeable to request we today visited Sduire Crawford,at
his home,some three miles from Waller Station,with a View of adjusting
for injuries sustained on the 5th.,at Waller Switch.

We found him confined to his bed,and hardly able to move,
without assistance. Seems weak and very sore near small of back and
over region of kidneys. He has passed considerable blood in the urine,
since the accident,but it is not so much at this writting,and physician
thinks will discontinue shortly. Crawford is a very sick man.

After talking to him for an hour or more,came to the coneluse-
sion that we could not reach a settlement at this time. I suggested a
thirty day half time,or about $85.6,but he would not agree. Took the
position that he was taieick. I do not think release would hold from
him in present condition,but it would be worth that much any how. .v I

He seemed to feel kindly when we left,and said would do the
right thing,at first appeared to have given up all hope of getting well.
I learned that he had lost a sister within the past two weeks,and that

! made him feel rather blue.

Had the pleasure of meeting Dr R.R.Johnson,physieian in
charge. He seems to think bladder has been ruptured or mashed,and
blood in urine due to that cause. Is quite positive that there are
no fractures,having made several examinations with that in View.

Walked home this evening with Dr F.H.Clarke,who from the

 + l
4!’ H. ALEXANDER .
\,
W.A.EcD #8. " _
symptoms as described,said kidneys are involved,and recovery should
be within few weeks,or as soon as sprains permit return to work.
Thought having lived this long,danger point had passed.
Mr Waller accompanied Mr Fitch and myself to the home of
Crawford. On the way I was particular to say that we did not consider
ourselves at fault,as the engine bell was ringing,and one of the
breakmen had given notice. He said that he was under the impressdon
engine had gone to Tallaga and may have told the men. I did not
think it best to say at this time that we considered him at fault,
as he can be of assistance to us now,and the question of his liabil—
ity can wait,so long as we do not acknowledge the fault.
Yours truyyf
[(Wmddlr

EHA/AEA. ' Claim Department.
File attached.

 ‘2‘, alteringtcu & gentler“ laminating Missing,
8 .
‘ LEXINGTON, KY. May, 6th; 1910
MT; WerMODOWGll;
General Manager.
Dear Sir;—
In connection with the attached report of personal infiury
to Squire Crawford (Colored ) at Waller spur, morning of May 5th,
The following statement made by the_injured man himself, and on the sheets
attached below are statements from near witnesses of the occurence.
Squire Crawford Age 29, family of wife, no children
live on my farm 5 miles from Tallega station, have worked for Mr 0.3.
Waller about 2 years, always watched cars on the track, account of the
noise made by the engine of tie hoist, this morning May 5th, 1910,
we were tacking staples over wire to the side of the car, I was on east
end leaning around the corner of car, south side, between car and txntis
trestle of tie hoist. First knew of engine being on the siding was
when engine coupled on at west end, it made me lose my balance and fell
between car and hoist and the first post east of where I was/pinched me
against side of car had no warning from any one about engine coming
as l was busy hammering and the noise of man my hammer and those of the other
men might have kept me from hearing the engine come in on the siding.
C.B.Waller in charge of the men working about cars at time of
the accident states heard the train pass through the cut on the main line
and knew they would get out the loads the men were making ready to be moved
out, but was under the impression engine had cut off and gone to Tallega
for empties, and had given the men this information, afterwards was surprised
to see Condr Combs coming towards me on the platform of lumber hoist, and
about the same time engine coupled on to cars hard; heard Squire Crawford
cry out went to south side of the car found him pinned between side of
car and one of the posts of elevator, had the engine back slightly to
release him and assisted him to his home on a cot, and had Dr R R Johnson
called to attend him.

 I“ flexiugtnu & insist“ fiailmag figmamg,
”x _
"‘ LEXINGTON, KY.

Wm Combs of Jackson, Ky Condr in charge of train No 11 May 5th, 10
out off eng and four way cars and went in on spur at Waller as usual
was on the platform of lumber hoist walking toward Mr Waller to see
what work he wished to have doneand when got within speaking distance
of him, head brakeman Chandler had coupled the four cars with engine
on to the 11 cars which were on spur, and at this time middle brakeman
Williams had reached the second last car at rear end, and heard him '
call to the men"look out" before the coupling was made at head end.
after coupling had been made heard the call for help from the man that
was pinned , and went to his assistance. «

 L flexingtnu & gamer“ Estimag Winning,
‘1
4 _
"‘ LEXINGTON, KY.
Jesse Greer stationary engineer of the tie hoist operated
by mr C B Waller residence Tallega Ky, makes following statement.
in regard to accident to Squire Crawford morning of May 5th;

Squire Crawford and I were tacking staples over wires on side of
car he on the south side and I on the north side I was on inside of car
between the tiers of ties and Squire Crawford was on the east end of
oarleaning forward over side; heard the freight train come through the
cut on main line, did not hear engine bell at any time was busy at my
work and may not have paid attention. it was good day light at the time
and the cars coupledt together about as usual; not harder than common.
I lost,my foot hold account having one foot on a projecting tie that
was wfitand slippery, was also expecting engine to couple on at any time
and kept myself braced having heard the train pass through the out on
main line,did not see Squire Crawford fall; but heard his groans and
looked over the south side of car saw him leaning over one of the braced
planks which support plumb posts of elevator trstle: afterwrds heard .
Crawford, say was hurt about the hips.

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