xt73bk16mf8w_408 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. [279] Claybourne Trout v. L&E text [279] Claybourne Trout v. L&E 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_42/Folder_5/4254.pdf section false xt73bk16mf8w_408 xt73bk16mf8w ’ / (7 , ,/ / 7
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October 30th, 1912.
iii“. J. C. liiokerson,
Sup'v'r. Construction,
E‘Jhitoshnrg. < ,
Y M’ .3’ c) [9
Dear Sir:-

Rei’erring to injury to Clay‘norne Trout, the negro mom who
had his leg broken on June 15th,1912. I have taken a release from him
settling in full for the sole consideration of 152550.00.

He talked as though you had in a way intimated. to him that
you would put him to work. I made him understand distinctly that that
was not a part of the settlement, but if you desired to put him to
work, it was in your hands entirely.

Yours truly,
o my} t . «a
,, . , ‘,,/V,V s~ it,”
3’ General Manager.
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\I S.ii.'k’€ilson, 13361., City.
13.8. Jouett ,Esq. ,Gen.Atty. ,Louisville.
‘.’J.Z.3ubarflss,l’isq. ,Law Agent, Hazard.

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Enclosures.

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_iflwnjrnéguAgn September 28, 1912.
I
W. A. McDowell, Esq.,
General Manager, Lexington & Eastern By. 00.,
Lexington, Ky.
Dear Sir:
I am obliged for your letter relative to Clay—
boirne Trout. .
I truet that Doc Eubank may be successfhl in
bringing him to a reaSOnable settlement. If not, I sug—
gest that you advise Mr. Wilson about it, so as to deter—
mine what is the last and best offer you and he thinkg’
should be made.
Yours very truly,
rfléf "””‘4/ {I M!
ex” _x/ i , ,¢4@~\$_
2’ ft» V (r5267

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..
Shipuomber 24th, 12912.
File 14-.
s S. Jourgsfit, Elam, Gon'l Counsel, , ' 7‘ i
Louisvillo :: fiashville Railroad Company, a;
Touisville, Ky. x” r:
, Ties-.1? Sirz— ‘ Q

For your '3..¥lfffl"l”lv‘:r.’l7i011, 18%;? Liroutl: one 11;-giro ~who had his
leg broken in h haznfiom.‘ 'vruxorxal: or. '3;.i;o"“.">.;.tonsion, June 3"ghih, ~.:-as in “to
See me yesteréfiy.

He not only wants stzxzigghi; tin: from June 151711 until Christ—
mas, but also domrznfls fi"."<'i(),i‘)o for a broken leg. I told him that I was
entirely too busy to 73:13.}: 7'30 5. man rho made as Imreszsona'ble a demand
as that,anfi as he told me liuhmflm—z was coming to see him to-day, I sim-
ply referred the matter to him

”I 0 113‘s *2 37111 ;.f ,
(T soar-5:3. sigmager .

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July 15th, 1912.\
File 14.
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;1ncheszer, 4y. “00”,»
3881‘ Sir: -

Eeferring to yours of June 29th Ix £1 Clayborne Trout's in*
jury, I have only;in the last few days been able to have our Claim
Agent see this man, an& i enclose herewith a letter from him on the
subject. . ;

ainfily aflvise if you desire me to go any further.
Yours truly,
General Janager.
incl.
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1 'E.H.ALEXANDER
- INSURANCE 1
‘LEXING T0N,KENTUCKY<
July 13th, 1918.
In re Clay‘oyrne Trout - Lexington .‘1': Eastern Extension.
Mr. W. A. McDowell, General Manager,
Lexington, Kentucky.
Dear Sir:~
In compliance with your request, we had a personal inter-view
with Claybyrne Trout, at the Good Samaritan Hospital yesterday after~
noon, relative to the injury sustained June 13th last by reason of
oollission of Hand—Car on which we was riding coming in contact with
one immediately in front, which had jumped the track, and resulted in
a rather severe fracture of hie right lower leg, which may disable him
for a period of three or four months.

In the course of our internview, we learned that Trout is
not disposed at this time to make a settlement under a figure of $700.~,
named by himself. We made him a proposition of the payment of three
months wages, which comes to $95.75, but he said that he did not need
the money, as he had $15.00 in cash, money in the Bank, and wages due
him. Trout sizes up as being a negro above the average intelligence
of his class, in fact he seems to be the local Banker of the gang, and
told me that by cutting out drinking and loaning money at $8.00 for $1.00,
he made the job pay. He seemed especially anxious to get back with the
gang, as a number of his fellow employees appear to be indebted to him.
I have a promise from Trout, that he would call up your office relative?
to a settlement before he left town.

 A d ‘ . ' ’ .
_ 'E.H;ALEXANDER -
~ 'INSURANCE
:L EXING TON,KENT UCKY’
' W.
Page #2.

As there appears to be an element of liability, by reason
of the cars being so heavily loaded and running in such close proximity,
it may be best to keep in very close touch with this case.

Awaiting your fmther advises, beg to remain,

57
Yburs very trfily,
_/ #57
c . _,)’ Q
Claim Agent.
EBA/ABA.

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June 29th, 1.913.
MI" “[0 .Ac 31000117311, Geno :“I’Igl‘. p g \
Lexington & Eastern Railway 00., ’ ‘
Lexington, Ky. ;
Dear Sirze
i have received fron hm. Smith personal injury‘reponts in
. the case of Claybyrne Trout and C. txton. These hen, on June 3
13th, 1918, were injured by a collision that occurred between a
car on which they were riding and a hand car in front of theirs Which
jumped the track. The rear hand car could not be stopped in tire to
void collision with the wrecked car. .

Trout‘s leg was broken and Exton's leg was bruised. Trout
was taken to the Good Sanaritan hospital. I have written to Mr.
Eubank to investigate this matter at once, but he is in Letcher
County looxing_after sore suits that will core on there next month
and may not be‘able to get on this job for some days.

It has occurred to he that you could yourself, or through
someone in your office, see Trout and ascertain whether or not a
settlement could be Fade. The probability is that we are liable
as it is ordinarily considered negligence for one hand car to follow
so closely behind another as to make collision possible should the
forward car be wrecked.

These nen, I understand, were ordinary laborers and the
negligence of the forenan in charge of the hand car would be imputed
to the company.

Kindly advise me what you do, and oblige

Yours very truly,
ESJ/CCP. ”,9 fl ’ .
Z ._ / .,.
2M10flw€4 “ ///// 9
(tr '/’.__,,,.-, r
a! ' General Counsel.

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