xt73bk16mf8w_481 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. [339] Charles Orm v. L&E, Letcher Circuit Court text [339] Charles Orm v. L&E, Letcher Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_48/Folder_4/0475.pdf section false xt73bk16mf8w_481 xt73bk16mf8w /" 1~ >11 4» - ._ 1* ,.r
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February 6th, 1913.
' File 14.
S. H. Wilson, Esq1,
' General Counsel, City.
Dear Sir:—
Heferrin; to B.R.Joueft's lefiter of 5th instant in regard
to Hrs. Charles Drm's injury at Iinross on December 24th, 1912.
, Dhile I do not believe that we are liable in this case, still >
1 I agree with Ur. Jouett that there is sufficient in it to take it to
' a jury and can guess What a jury will do to us. I thereflore enclose
herewith my entire file, and will be obliged if you will let me have '
your recommendations with return of same.
Yours truly, ' , .
§L_A {-u 7_ 1» \ -1,
P ‘ " 5’ ' w i H " I
' Ianager. -
' Encl.

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1 . 572;: 6 IC
317711;" Mrs. Chas. firms.
Feb. 5th, 1915.
Hr. V. A. Hchowell,
:18)". ..;-la 8"} no 7:370 (‘.0. 5
Lexington, Ky.
Dear Sir:—

I have been to see this lady and discussed the
matter of her accudeut fully.

She snys that she Was going to hinrofi on the morn—
ing of December 24th, and a short distance before the train
had reached the station the hrahemon came in the can, opening
the door, and attempted to fasten it as he shoved it back, and
called out the station. She says that she retained her seat
for a short while until the train began slowing up, at which

" time she got up and started to the door so as to get out. Just
as she got to the door she stopped and the train hxfi about
stopped; but just at that time it bumped or jerked in making
a complete stop so that she was jostled off of her feet, and
in her effort to catch her hsdance reached her hand out and in
this way threw her fingers in the crack or Opening of the door,

1 that portion to which the hinges are attached, and just as
she did this the door, which Was evidently, from her descrip~
tion, jostlcd by the abrupt stopping of the train, swung to,-
catching her fingers and mashed them between the door and the
other portion of the car.

She has three fingers badly mashed on her left hand
and will lose the nails of all, of them. Frooxwhet I saw cf
the injury it was doubtlessly a most painful one and she has
sufferred quite a good deal, but she is practically well now,
ifiuwpfi,thc nails have not entirely cane off, but it is easily
Seen that they will do so.

She says that up to the time she Was hurt sho~ had been
doing her own work, but ever since she has been coupelled to
employ someone, the expense of which has been $3.00 per week.
She stated that she had no doctors' bill for the reason that
your Claim agent had been to see Dr. Browne and hrfi settled on
agreed to settle with him. I did not investigate this as 3
presume you are familiar with it. 1

She said she had not put her claim in the hands of any
lawyer, but had talked with one who advised her to take the
matter up with you direct. She did not ive me the name of the
one with whom she had talked.

She says that she sufferred intesnsely for some days

 If?" 2 . :.‘! l .,1 o I‘EGDG 33191.]. O
and nights anfl is willing to settle the matter for $100.00.

From what she tells me of the case I believe it would
be sufficient to make out a case of negligence on our part in
not seeing thvm the door was firmly fastened when thrown Open,
or if instance, thin tho fastening was fixinnting defective as
it did not hold it, or that the jar or abrupt stopping of the
engine caused the injury. In such a case as this the fioctrine
res insa loqnitor would apply, which in plain enallsh meand that
"the thing speaks for itself”, and if she was unable to positive—
ly state just Vhflt caused the negligence, the proof of the injrny
would he sufficient to take her to the jury, as the apparatus and
contriVnnce on the train were cntlroly under our control one it
wonlfl he encumbered upon us to prove that they were prOpcrly
constructed nnfl in good confiition. The only question of defense
which we coqld hsVe would he the plea of contrlhntory negligence
on the grownd that she shoulo not haVe gone to the floor until
the train had coma to a stop, but I can’t suppose there is one
person in a thousand who waits for the train to stop before they
get up and start going towards the door.

0n the questfion of res ipse loomiter 1 would refer you
to the case of Psdnceh Wrantion co. V. Baker, 113 3. J. page 449,
vhflch discusses this matter cults fully, and seems to he a case

. ;uite similar to the one under discussion.

I on senfling a copy of this letter to Jufige Iilson.
Will you take it up with him anfi kindly adVise rm nhvfi you wish
done in the mettor.

Yours Very truly,
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