xt73bk16mf8w_495 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. [348b] Marvin Combs v. L&N, Letcher Circuit Court text [348b] Marvin Combs v. L&N, Letcher Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_49/Folder_9/1231.pdf section false xt73bk16mf8w_495 xt73bk16mf8w .,
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. tnrw he was working 2mm nan: hank 3.22 the (zirconaon o1 trey

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way said car was running.

Defendant deniea that, While running said car in

(1&3?!

the diraotimn of said deput, on the/$Jleged or at any timg
or'while nagging through a tunnel on & line of railroad, t
it (the handocer} was apgroached by a freight-train gning
1n Lhe unpnwite direction; and denies that a colliaﬂion
wan imwinent, orthat such colliaion being immine-nta it be-
came or was nesesnary for the plaintiff or any cf the othn
era on Said car to lann tharefrum in arder tn uvaid being
killed by wai5 freightwirnin. Lufwnnanb deniea that said
freight train New running rapidly in whelr direcﬁion 0r
tnwL Raﬁ? hard~car van luuwiub rapidly in the direction OE
52'2"}. x?! :2." e :i. {jg}: 1’.»- ?2 13.312 ; .

Uﬁfanﬂait GJQiFR +hnt than piniuﬁif” firab received
wurning a? She apwrcamk of 5315 fzcightut“min it was inc
irate tn 52411; 2223‘? }Hi3£1n(ﬂ:3‘ iz‘ :rxica' *1; ' ramrexzi r; :“ 11:{ej.o:
and denﬁeﬁ thnﬁ tkwrw wax n3 saxnr allcruﬁhiv~ ‘0?= OWEN
iﬁ ?im iv 3?€U? ta 22?? his léfﬁ aXaeWL tn jiﬁh Pram Said
nﬂndunar, 3rd amnivw that in «a da¢ng La ¢¢11 ﬁr, i? fril-
ing, fell under said hﬁnd-cnr, a? way rug «6%? by it, 3?
was bruiaeﬁ or mnwgleﬁ it his arms er 1955 av lead at hody
or thaﬁ he sufferei graatEy Gr at all, aithnr hhysirqlly

' Gr mentally, at Htiil Huffars Escuuo: tEereuf, and denies I .
that ﬁlmintiff in parnmnenily or a: all injuraﬂ theraﬁy, v ‘-
Dr is esnmcialiy so injuruﬁ 1; Li: Light nﬁmﬁ 5r HTﬂ 0r ih
him left knee or leg or in his éide; and denies that one ﬁ
of him ribs is brukwy or yermaneutly or at all injured.

Defendant «amine that said alleged injurisn or any
of them were brought abgut 3r occurred solely and alene or
wt all by the negligence of the defendant, ita agemﬁe er 8
arvants superior t9 plaintiff. in wraering him upon said
land-car at the time and placa alleged, when they knew or,
|
ry the exercise of ordinary care or prudence on their part
‘ould have known, that a callision with said fraight train

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Would occur. and (when) said car was run as alleged in
the Petition; and denies that defendant had any knowledge
that Any such collision would occur or that it or its
servants or employee could, by the exercise of ordinary
care, have foreseen that any such collision Was inevitabhé >
my} ﬂung-3:3 ‘;‘iaﬁ'zt a3t'?f£311<‘lf3,?7?; er; any nit“ its agents, servants
or entlovse were negligent in any of the reenacta alleged.

T*s:r’.‘end-:;nt ﬂaws-3 tic-..:‘.}; this alleged negligence of

‘ the defendant or if it; servants or agent: was gross or hi
uri. 1f 1.11 .

I»§".L{’€la’z(l2¥111i denies Limit 3':l§-'.;§.22ti'.‘_‘i has been practi- 4
sully er at nix unable to work since the injury alleged,
or that he has been disabled at all, er so disabled that
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$311ng

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the occasion ucwwleincd of in the Tahitian, the plaintiff
WRB himself guilty of negligenee which ceased and contribn
uteri ”no the ztzfzc;(.l:i.'eu_ and i2‘.___?,_ii‘=_='r; \‘aié‘ c1“ and that
but for such negligence on the part c? the plaintiff, said
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/ /”W'jz/ ‘1'“/f2"/’,’,’,%5f5:_4{,w,t, ”“ﬂ/KWM/ﬂﬁ 47% June , 15th, 1 915 .
Combs vs L&E.R.R.Co Letcher Circuit Court.
Mr.J.J.Donohue, '
Chief Law Agent.
Dear Sir.
p Herewithx Mr Landrums investigation of this case.
LWhile the injuries sustained in this case were slight on the factszu
élooks to me like ‘he case would certainly have to go to the Jury.
There was as Mr Landrum says a violation of the rules in this case
in not flagging txnngh through the tunnel. The foreman was present.
If there is a trial of the case I look for the plaintiff to swear
that the foreman directed this tn be done over the protest Of some
of the men.If not that something of a similar nature which would
take the case to the jury.

_ I dont much like the idea of paying $ 500.00 to settle this
case. If as a matter of fact Mr Landrum could have a guardian appoint
ed ans settle direct with Combs For $ 200.00 I would be 31a” to see
him do it. I dont think Blair cuts any ice and as for Faulkner I dont
think he proposes to settle any case if he can help it eXCpet for
something in the neighborhood of what 3 Jury would give. We dont
owe him anything and if we can in fact hand him package in this case
I am in favor of doing it.

Yours trulygy 3 rd,i
_.////////d/’/,./ ,2" 2’ 1' '2’”
C.Y. B.M.S. W.A.MCD. Law Agent-

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frank.) / 9 (INA/III. _////////’///” A7,
/. //Hl’/ [IN/n {ml/z /_ /,
Whick,Kv., June 11th, 1913.
Mr. A. M. Warren,
Law Agent, Stanford, Ky.
Dear Sir,
Marvin Combs Vs L & v R R Co. *

Herewith I enclose to you all papers in connection with the above
styl ed suit.

Harvin Combs; who is 16_yearsrold,_was working on“section at White?
burg‘under Foreman T. F? Giles["” There were~five men on in: hand car
and they were Coming in from Work on the afternoon of December 9th, 1912.
Approaching the tunnel Just south of Whitesburg the hand car was stopped
to listen for trains. The men on the car were unable to hear the train
but saw some smoke on the other side of the tunnel. They decided that
it was not smoke from the engine of any train and then proceeded through
the tunnel. When about 8111 half way through the tunnel they saw the"
sack: engine approaching them and all of the men Jumped off of the hand
car, Combs was riding on the front end of the car and stepped off right
in front of the car and it ran over him. The car ran up and struck the

engine which come to a stop about the time the car struck it. The

train was running slow at the time, The rules of the Company were
violated in their failure to flag through the tunnel. The boy was
not severely injured but had a rib broken, a out about the hand and a

“a cut on the back. Blair has agreed to accept $500. in the case but

\Vsays that Falkner does nd; want to compromise it at all and that he~
cannot control it for less than that amount. I am sure that we cannot
settle it through Blair and Falkner for less than $500.“but I believe
that I Could settle it with therboy by having a guardian appointed for
$200. HoWever I may be mistaken. Blair is County Attorney of Letcher
‘Gounty and for that reason I doubt if we should endeavor to settle it
OVer his head. I Spoke'to Judge Fields about this matter and he ,
said that heisaw no reason Why we should not settle with the boy if we
could that.§hﬂ;81air Was County Attorney by appointment, his time was
about up and he Would never be inoffice “gain. “Before a trial of the
case I Would rec0mmend the payment of $500. and when the matter is passed
on I Would like to know Whether or not it should be settled With the
Attorneys or an endeavor be made to settleadirect with the injured boy.

Yours truly, (i

av w A McD ‘ ' Law Agent.

 Statement of S. J. Halo made to C S Landrum at Whitemburg, Ky.K on the
11th day of April, 1913, in regard tonccident to Mnrvin Combs
near Whitesburg, Ky., on the 9th day 3? Deonmher, isla.
My name is S. J. Halo. I am 29 years old. I live at Whitcsbun;
I am now working in my father's law ofPice. At the time of the
accident to Marvin Combs I was working under T. R. Giles, section
foreman. en the date of the accident we were working about three -
miles above Whitesburg. We 1~ft the Work sometime near five wcloch.
There were six of us on the hand car. I Was riding on the rear end
of the hand car. This hov that was ingured was riding on the front
end. This boy told me that ha was 16 years old. I am nIt sure
whether he told me this before he was hurt or after he was hurt.
He has the appearance of a minor. As We noprcﬁched the turnnel
Esouth of Whitesburg, we Ste" Oﬁ the car, We Could not then hear
ianything of trains. Some Ont a? the car sate i‘et, look ng over the
gtunnel, that there was smoke in that direction. some one replied
ithat it come from a house that was over there or from the river. We
then proceeded. We were atout thirty or tomry feet in the tunnel
when he saw the train. The tunnel is sow thlni near three hundred
feet long. This is ?,$B§?S on my part. When the train was first
seen I think it was $39k Bates that said "therx is the train" I was
Watching the head light to see 1? w were ciose to it or not, it-was
drak in there. I saw somethinq like one fall or Jump I do not know
which. I felt the car Jump as running over something. The can ran
a little piece after that and than I jumped off“ I heard the engine
strike the car. I ovuld not see. Itrran the car back past Where
I was. The train Was stonned. I think that I CommenceC Working down
there the third of decemher. The L)? was Working there when I
.K commenced. This hvy returned to Work in something like twenty
\\ldays. I am not sure but I think that this boy told me that his
mother lived on Little Collie creek. There was no light of any kind
on our hand car. The head light on the engine was hurmimxx lighted.
I do not know What this boy has been doing since he quit work on the
track- When this boy first eime hack to work his hand was Swolen '
one he told me that his rite hurt so that he Was not able to work.
I It? not Workvcry long efthr he come back. I asked this boy if
He ﬁnened off and he said tﬁat when he turned around and saw the light
fhs‘ hr was scared to had that he did not know Whether he fell or What
he did. To my knowledge there was no jerk or jar of the car about
the tire that this boy fell or jumped off that Would have caused him
to have Pallch off.
I have read the above statement and it is true.
1 1+1.” . ~ ‘ ‘» . .' f. 5.‘-
V K? I 688, ,’,-"9:“ f‘vu'w‘a‘f.I;'" '_3-I .5 _"" a
_ _ //

 ~Combs Vs L & N R R Co Letch r Circuit Court. ‘
Statement of T. G. Bates made to C S Landrum at Whitesburg, KY., on k
the 11th day of April, 191%, in re~ard to accident to Martin combs
near Whitesburg on December nth, 1918. .
Myrnamo ie T. G: Bates. I live at Whitesburg, Ky.
I am now foreman“of extra gang for the L a E R B. At the time of
the above accident I wasrasslstant foreman under T: R. Giles. Mr.
Giles was section foreman on the Whitesburg section. On the date of
the accident we had been Working south of the~tunnel south of
Whitesburg. About 5 o'clock that night afternonn We left our work
and started to Whitesburg. There Were six men on the hand car.
Myself, Foreman Giles, Steve Adams, S. J Bade, Steve Gornett and
the Combs boy. As we approached the tunnel south of Whitesburg
;we stepped the hand car to listen for trains. lﬂe did not hear
Etrain. As we stOpped I noticed some smoke which looked like it
'was right up over the tunnel. I said it looked like it Was Some
i smoke and hxxx the foreman said that no he did not believe that it
Eanwfhat it was‘mist or cloud. we proceeded on toward and started
' ‘througnnthe tunnel. As we got about two thirds of the way through
the tunnel We saw engine W0. 10 which was on the local approaching.

I said that there Come the train. Just as I said that Combs Jumped
off in front of the hand car and it ran over him. It ran entirely r
“\{over him. The car was then steeped and the train was signaled and
stopped., The engine ran into the car just about the time that they

stopped and the car rared up on the piiot of the engine and then
ran back about half way through the tunnel. As it went back this “
boy had gotten up. As thisman jumped off of the car the §oreman
did not put on the brake until the car passed over him \one of
the Cogs or anything like that caught him. He was riding the front
end of the hand car pulling on the front lever. I could not say
just how long this boy had been working. I do not know how old the
boyis. Thisxhx When he Was Working here he boarded at Riley Oaudill.
This man jumped off of the hand car He did not fall off. “0 one
told him to jump off. “
I have heard the above statement read and it is true.
;~\ 3 J‘a’ .: ””"

Witness: 2 Z; “Q? wﬂwu-» #;I”

.1_» Law ' ~ "

 Statrment of Steve Adams made to C S Landrum at shitesburg,me., on
the 11th day of April. 1913, in regard to accident to Marvin Combs
near Whitesburg, Ky., on the 9th day of Decqnher, 1915.

My name is Steve Adams. I live near Ice, Ky. I am 26 years
old. I am now working on the section at Whitesbnrg. Un the date
of the accident we were working on: south of the tunnel south of
Whitesburg. I do not know just What time that»wo quit and started
‘in, but it was something near fmve oclock. When we rrt up to the ~
{tunnel the car Was sto ped, We Iistenei to see i? We Could near train,
ngrre t Bates said something about the smoke and I believe that it
{Was“MrT Giles that said that he thought that was fog from"the river.
1We then proceeded. We got in the tunnel and saw the train.“ We ,
were some over half through it when the train was first seen. Some
one spoke "There is the train" and Just as he spoke that the man
Jumped off right in front of the car. After he jumped off I felt
the hand car run over this man. After I felt it run over ;1m
I Jumped off." The train was then stopped. The hand ear ran on
into the train and then as it struck it bounced back. This man wee
riding on~the front part of the hand car. I was on the hind lever
of the hand oar. There were six ooOp19 on the car. There was no
other hand car near us, Werbrought this man on the hand car on
doWn here to the sectionforemans. Since the date of the accident
this man has Worked here. ” He Worked two or three little spells
since the date of the accident. I guess that this man Worked donut
two months before the accident. When this boy worked after the

‘ accident he was able to do a day's Work. Just as able as he ever
was. ’

I have heard the above statement read and it is true.

;‘.,wgr ‘ f
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Witness: _,/1- , ~ _ , ',J i—

 Statement of Marveliw Combc made to C S Lawdrum ct Whiteeburﬁ, Y?.,
on the 15th day of‘April, 1913, in regard to accident to himeclf
hear W iteeburg, Ky,, on the 9th day er December, 1912.
“My name is Marvclih Combs. I am 16 years olﬂ. I live about
ten miles ftom Whitecburg on Book Hauee xXXxx creek, north Fork
Watere of the kentuckv river, Hy most uPFiee address is 183m.
I live with my mother Millie Combs. Vy fcther is dead. He Was
killed by a tree felNiwg eh him. I ”0 not khof tht exact day
on which I wee hurt but it wee cometime 1“ January. I was hi t
While Working on the section under Yr. Giles, tho fatemaw heve at
Whitesburg, KY. I hm”. hm"1 73“:ka undo)" “aim about {‘o'z.1‘.-'.“'1;>ht.'r1s.
I had done other workNalcnc the reiWread fur Gifterent people.
I beamed here in tuWn wniN I W9." Watkins: far ﬁrm]. cs. My mother
knew that I was Working here or the track at the time that I was hurt.
on the day of the accident we quit Work about the usual ‘:me i“ ihe
evening, somethihg iike five ociock. It Was then not vet dark.
,We hadbeen Working eeuth of W iteeburg chi sauth e? thr:tunwe1 south
_fof Whitesburz- As We g>t to the tunrel we eto =ed tie cer and
~§ listened for t?ain and locked f3? smoke but 616 hot eec any and
E then we eTOCNedeh ch threurh the tunnel.“ 'When we get aretty wear
‘ the hozth ewC of the tunwel owe ofthe me“ said look there ﬁt the "
train and we all Jumbui off- I 61% net jump until the rest :7 the
menjumped are I he wot znoi w et1rr 0? “at I jumped off. I has so Board
that I do not kwaw whether or hot I jumﬂéc or xxx fell free tie e~r. ':
;Anyway I fell to the miﬁﬁie 9? {he track ehﬁ the car ran over me.
g ETWO ﬁt my Ties Wche broken. Xv hwe: wee 551V humt ahﬂ my hand was
'; hurt. ﬁle car Tangwti“ely aver "c and ‘hew I :et up from the teach
and the car ran meet me again, thrt is, on the bounce tack a?ter it
had been st ucK by the engine, It Yea struck ptetty hard. so he a
that the twels of the car wefe IHTQWW a" the Fthht ~art n“ th" engine
They picked he up and bheufxf he 0% E‘Ww have to see 3?. ﬁhﬁteley
ahd he has been treatihg me eihce. hr. Bentclcy hes not treated me N
new for sometime. He has “of treated he ?JT’henIiy the m hths. I went
back to work on the sect-11m i“! abilt a "tenth uf‘tz‘ér the :‘:<:c;!_dumt and
Worked a While. I do net,kmﬁw new ion; 1 Worked an 71c eectiow after
the accident. The car was 1” about thewtv feet of the engine whee
ethe engine Wes first diseavered. I hark ﬂ SQmO on he track and
:1 have done a little work arounﬁ heme Si“00 t,c hecident, I am not '
‘able to do much Work ﬁnd chew I yo te work Per a HR“ I tell him that
iI am not able to peTfon n have Work.
’ Iheve heani the a qvc state. “t read awe it is thin
This boy sale that Judge FelukheTNcautj wed him not to talk to anyone
Connected 1:711:21 the *allrenﬁ .:.Nwh my about ﬁ.:-is matter- I Wrote
this statement in hie he? wee and Teuﬁ it to h m.

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Baattvville Ky,April,7th,1913.
Combs vs L&E.R.R.Co Letcher Circuit Court.
Mr.H.T.Lively,
Law Agent Care of Agent Whitesburg Ky.
Dear Sir.
Referring to Mr Donohue's letter or rather wire of
this date relative to your coming to the L&E on Thursday next.
I am sending the above file to you care of agent Whitesburg
and shall be glad to have you make a full investigation of this
matter for me.
You will note that I have written Mr Nickerson the
Su ervisor of Construction advising him that you would be in
Whitesburg on the Afternoon train of April,loth,ioiz, AS'I under
stand Mr Donohue you are to leave Lexington on the 7.05 train
Thursday morning.You will have to leave on this train in order
to gets to Whitesburg Thursday afternoon.

I have already returned the petition in this case to
tr Donohue and for that reason you had better read it before you
leave Louisville taking therefrom such information as you may
need in the investigation of this case.

I think you shoudd see the claimant in mhis case
getting full statement from him learning what sort of recovery
he has made a d what he has been doing.

While you are at Whitesburg,if your investigation
shows up good which I think it will,I suggest that you she the
attorney in this case and try to get a proposition out of him
to settle the case at $ 300.00 or as much under that amount as
you can. as an then put the ease up to Mr Donahue and close out
the ease.

Yours truly,
Cy.J.J.D. Law Agent. I

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_/ /”””)d/// VT;///;/‘Il;(;¢flllﬁ4.711,”/. ~:./(7‘///,7/////ﬂr, ”7, March 27 o 1913 '
Mr. A. M. Warren,
Law Agent, Stanford, Ky.
Dear S ir:
Please note and return promptly Judge Wilson‘s
letter to me of March 23nd together with copy of petition in the
case of Marvin Combs by etc. vs. L. & E. R. R. Co., Letcher Circuit
court praying for damages in the sum of $2000. on account of in-
juries sustained by Combs at Whitesburg, Ky., December 9, 1912.
I am also handing you herewith Superintendent of Construction's
file relative to the Combs accident.
I think that an investigation should be made
nof this case as promptly as practicable. I do not agree with the
officers of the Construction Department/ﬁbrths,e££eet that there
' ucan be no liability in this case. My Opinion is that it is one
of considerable danger and I believe the Company can afford to
pay as much as $500. in order to get rid of the litigation.
Yours very truly/,,,7 //“
K / ( WI’W
hon. S. m; Wilson, Chief Law Agent. 9
Mr. W. A. McDowell,
Lexington, Ky.

 E-12-4057
., l
L ‘ LOUISVILLE &NASHV1LLE RAILROAD COMPANY.
- OFFICE OF SUPERINTENDENT OF CONSTRUCTION
' LOUISVILLE, Kv.,March 26th.: 1913.
IN YOUR REPLY REFER 31.
TO DATE AND FILE NO.
Mr. J. J. Donohue, r._._.7._w..,
’L.& N. 9.00.:
Chief Law A nt LAW DEPARTMENH
g9 ! ! MZASR i
C 1 t y- 1 ma ;'
Dear Sir' ‘ :LOUiSVQLLEJ‘W
. As per phone request from your office this date, I enclose
herewith