xt73bk16mf8w_617 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. [453] Sterl Vest v. L&E, Perry Circuit Court text [453] Sterl Vest v. L&E, Perry Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_59/Folder_13/6458.pdf section false xt73bk16mf8w_617 xt73bk16mf8w . _ ‘". _ ' V .  > . _’_ , . . H‘- H '5 ._fi ”"???
V Lexington. Ky..
, September 16. 1915. '
. S. Ebnroe Niokell. Esq., ' . '
Hazard. Ky., _
'Bear Sir:
‘ Replying to your courteous favor of the 10th.
inst.. I have to say that since I wrote you on the 9th
. inst.. Mr. Landrum hag bgen at my office. and I have gone
ovar the case of Sterl Vest v. the L. & fig in the Perry
Circuit Court. about which you have been writing me.
‘ I note that it is very desirable from your stand-
; point to have this case adjustefi promptly. if there is
} any chance for us-to gqt together on a comrpomise b35130
; I am sure Mr. Landrum understanés this, and I doubt net
that you will hnar from him some time in the near future.
5 Very truly yours.
SEW/FOB. * Counsel. _

 - V Lexington. Ky.,
- September 16,.1915.
Mr. C. S. Landrum.
Law Agent. L. & E.. ‘
Lexinyton. Ky..
Dear Sirz~
‘ I acknowledge yours of the 12th inst. with
reference to the suit in the Perry Circuit Court of Vest
vs. the L. & N. I have also received from Mr. Monroe
Nickell a letter hearing date of September 10th. with
which he encloses a lett2r of the same date addressed ,
tohim by J. H. Str ioklin of Inskoo I submit these lot-
ters to you for your oonsideration. and such action as
you deem proper to take. In acknowledging receipt to
Mr. Nic’ell, I have tolfi him that if we can agree on
terms of compromise, he will no doubt hear from you within
a short while.
Please return fhe enclosures to me after using same. .
Very truly yours.
SEW/EOE. Counsel.
Enclosures.

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/
Mr. S. W. Wilson,
Lexington, Ky.
Dear Sir,
Stirling Vest Vs L & N R R Co.

Referring to your letter of the 9th inst. relative to the
above styled case, everything that I said to Mr. Nickell was
with a view of settling the matter and I did not have in mind the
matter of a continuance at all. His letter to me of August
28th was received too late for me to communicate with him not later
than Tuesday morning and the same day I received it I saw Attorney
Tynes, who was associated with Nickell in the case and told him
that we would not pay him $500. and at that time he sai;.that the
day previous he had discussed the matter with Nickell and they had

v decided not to accept $500. but would rather take their chances
at the Court house and that they were going to get a trial at the
term then in progress. I had in my possession at that time a
message from our attorneys at Hazard saying that there was no
chance to try the case at the August term and considered that Tines
& Nickell were pretty good "bluffers". You know that Mr. Morgan
was not at Hazard and you also know the condition of the docket
at that point and that we have case after case ahead of the Vest
case on the docket.

In talking with_Mr. Nickell about the case I told him to make
me a propositiOn of $400. and I would submit it to our people with
recommendation that it be paid. He did not make me the proposition
but made we a counter proposition of $500. and said that he would
to his client and see what he could get his client to settle for.

I have authority to settle the case at $400. and think we should
close the matter up at that figure. However before that can be
done it will be necessary for a guardian to be appointed by the
Morgan County Court. The boy lives in Morgan County and that Court
_ of course has jurisdiction in the guardianship matter. The boy
himself will have to go before the Court himxxii and nominate some
of his own selection as guardian. When this is done and a certi-

 It
a n w (2) 9/12/15
fied copy of the order sent in I will be glad to issue voucher and
draft covering the settlement.

I have found Mr. Nickell a vow fine man and am extremely sorry
that he is of the opinion I was trying in any way to take advantage
of him in any way. I expect to call on him at Hazard on my next
trip to that point talk with him about the matter. I met Tynes at
Lexington yesterday and talked with him very frankly about the matte
He informed me at that time that the term of Court at Hazard had
been extended four weeks and if that be trye the attorneys for the
plaintiff have certainly lost nothing in the matter at all.

Yours truly,
/‘/L/:) ‘r’f" F: 7 ,
‘ Law Agent.

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Dear Sir: -

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Sept. 7, 1915.

Judge 6. m. Wilson, ‘
Lexington, kentucky.
Hear Dir:-

Dome three weeks ago mr. Landrum who is the
h.& E. Claim Agent came into my office here and suggested
that we try to settle the personal injury case of Sterlkii
Vest vs.\hailroad Uompany, Which is pending in the terry
Uircuit L’ourt, and‘in discussing the matter he suggested
that he Wpld recOmmend a settlement an the basis of $400.
and 1 suggested to him trat my client had at one time ins
dicated that he would take $500, but that i would take it
up withéim and let him know; that dudge Lewis had told me
that we would try the casf/at the August term of court.

I did take it up with Vest and he suggested
that he would take $500 and told me that I could settle
for that amount. I wrote handrum at gackson and told him
that I would be there on a certain day in another matter
and when i got off the train that day he told me that he
would see me that afternoon or night about it. I was in
Jackson about two days but he did not again mention the
matter and after i came back to hazard I wrote him again to
know what he wanted to do since my client wanted his case
tried at~th§w£§rmw9£lgonrt which has Just ended here but he
did ndtfian8wer myletter and I learned from somewone at Jack-
son that Landrum had been away for a few days. »

Court has adjourned here--that is the jury has
been discharged, for the term and of course that means{ 1
can not get to try the case now until March, and 1 shall have
to bear criticism from my client because i did not press -
the matter to trial at this term. I did it because I thought

. we were coming to a settlement and because this matter of

settlement was on between us. Now in order to get the case
settled for him and to get I: him satisfied I am willing to
accept the @400, which Landrum suggested and let the dif-
ference come out of my compensation as an attorney in the
case.

 _.
bince bandrum has failed to answer my lat-
ter or suggest anything more it would seem that his
dickering about a settlement of this case was done in e
order to get the case continued for the term in fiew
. ‘of the fact that there will be no regular term of the
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 WOOTTON 25. MORGAN
Aiinrnrg g at 753111
HAZARD. KY- May 14, 1915.
i queégfingf ’6‘?

Mr. S.M. Wilson,

Lexington, Ky.
Dear Sir:

STIRL VESTz BY ETC. vs. L. & E. RY. CO.

PERRY CIRCUIT COURT.

We find that we have no investigation
in this case. Would you please let us have the
investigation if you have it, and if you have not
had any investigation made, please do so at once,
as we want to look into the case and prepare it
for trial.

Very truly yours, \ _
xi ‘
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PERRY CIRCUIT COURT.
11th Day march lerm, march 12, 1915.

;tirl Vest, Dy etc., Llaintifi.
_ ' vs. Order.

Lexington a mastern fiailway Uo. Defendant.

comes now the plaintiff and file their

1 amended petition herein.

 0‘
rnnhY CIRCUIT Cobhfi.
LthL V451, LY an., rLiiNrIQr.
Vb. ihfihDED ffiilrlCM.
IEXILGIOL a gnoflghh
Rnildni CO;4;MY, DJJJIDALT.
. Comes the plaintiff and in addition to the
allegations made in his original yetition states that .
at the time he Wis injured he was in the employ of and
was working ior h. n. herherson, o. o. Taulbee, H.
Johnson a ton and a. noberts, who were the owners of and
. for whom the said railroad ties were being loaded on '
seia cars as set out in gluintiir‘s original petition,
and tut the name or the said noberts in connection with
V the other parties herein named was omitted by oversight
of the draftsuan of the heid petition.
he further states that in addition to the
injuries set out in nis original petition, his body was
bruised and mashed and otherwise injured, which said in- I
juries were yermanent and lasting and iron them he has
and will continue to suffer great bodily pain and mental
anguish, and tnnt his ability to earn money is thereby
permanently imyaired.
rhat said allegations were omitted iron Said
original petition by oversight of the drertsmsn thereof.
nhfihunuhfi, he prays as in his petition.
“Lttys. for rleintiii.

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‘ ,fl “ ’ Yeurg truly, '
V . sfiaa,   . 1 .. ‘ ’ ’, . I
1 . 3y & Petitisfi fie ‘ \ , " 1 1
~ 3. A. fibfiowalfi, manager, ; »
. ' Lexiugban,fiy,- » - - »Counsel. ' '. . .
‘ 1 I . . 1‘ f " ; I . ‘ ‘

 -
';iAlLEY P WOOTTON JESSE MORGAN
WOOTT0N&M0RGAN .
Aiintzu‘gs; at 7L 21111
HAZARD, KY. i-‘ebruary 20, 1915.
hrs .:. i... ‘..'ilson,
Lexington, by.
Dear dir:
' Encloeecl find the neceoeery copies of petition
and docket report ill the case of ;tirl "feet vs. the
G 0111;» an 3' .
v’ergg truly yours,
y; can \4
///Lv—f:/k:fi/’\; 18.! '.4 k I“! ’2'/,‘.? ;"C:" ‘ I] :. ,’,
, I ,
L-}.r/C V

 206/ ( gzfi Hf / 7 / 37 ”.‘I;
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fiiiiiY cine o H C CURB? .
sTiRL 1451,5UiNG LY C. L. V552,
As his nsxr EhlEND, :LaierFE.
v'e. :;:-iii on. I

LEflMfimidsmflfiulMJMM
COhrAnY AnD LOQISViLLE &
NAthiLLE hAiLROAn uohrnnY, LELJLDnhfb.

the plaintiff, otirl Vest, suing by n. U. vest, ‘
as his next friend, states;

rhat the defendants, Lexington a nastern nailway _
Company and Louisville a hashville nailroad Company are

. now and at the times hereinafter stated were each corporations
duly organized and incorporated under the laws of the state
of nentucky, and as such had then and now hate the power and
authority to contract and be contracted with, sue and be
I sued in their corporate names.

that the plaintiff is now and at the times herein—
after stated was an infant and was then and is now only
nineteen years of age, and that he has not now nor never '
at any time had any guardian, curator or committee, and
that U. h. Vest is his father and that the said U. D. Jest
is a citizen of and lives and resides in this state, is
more than 21 years of age, and is under no disability
whatever, and that the plaintiff is a citizen and resident
of this state.

what the defendants at the times hereinafter
stated were and are now the joint owners of and are jointly
operating a railroad continuously from Lexington, nentucxy,
to nonoberts, nentucxy, through ferry bounty and through

 - . \'.
' the town of hazard, and in connection therewith own and
operate their said railroad and all the side tracks and
' switches along the said line of railroad including the
ones hereinafter mentioned, and that they were then and
are now jointly engaged in operating their engines and
trains upon the said railroad and its side tracks and
_ switches, and in carrying and tranSporting freight of
Various kinds including railroad ties thereon to and from ’
all and Various points on its road to other points thereon
and on other railroads.
That on or about the 2d day of December, 1914, ,
, the plaintiff, stirl Vest, was in the employ of s. h. '
Taulbee, h. h. McPherson and n. Johnson and Son, who were
the owners of and who were then loading and having loaded
at and near hazard in Perry County, Kentucky, railroad
ties upon the cars owned and being hauled and operated
and transported by defendants from hazard to other points
upon and beyond their lines of railroad, which said ties
were being loaded upon the premises of the defendants; '
and that at said point there is what is denominated the
main line or track and at least two side tracks, the two
side tracks being located side by side, and upon both of
which side tracks there Were then located and standing
a number of box cars; that immediately before the injuries
hereinafter complained of were received by the plaintiff,
the deiencants placed an empty freight car upon one of the
Said side tracks and between the the outside track and the
main track atza point where it has to be loaded and for
the purpose of having it loaded with railroad ties by the
said “ofherson, iaulbee and h. Johnson a Son, after which

 ._.
it was to be tranSported by the defendants to a point
beyond hazard, and that the defendants then and there made
a cut,that is left an opening between cars standing on the 3
outside track between which the plaintiff and those wirking
with him in loading sa.d cars for said thherson, Taulbee
and D. Johnson & Son might and could pass in carrying railroad
ties to and loading them onto the car being so loaded by them,
and that the defendants and their agents and servants in
charge of and ope:ating their engines and cars and railroad
then and there informed the plaintiff and in his presence
and hearing those working with him in loading sa.d car that
it was ready to be loaded and that they could then begin
loading the said ties onto said car, and then and there
directed him, and in his presence and hearing, those working
with him in loading said car, to then go on to work and load
it, andat that time and place told the plaintiff, and in his
presence and hearing those working with him, that the engine
which was then switching cars on its Said yard and on its
main and side tracks aforesaid, would be then'mken away to
do other work and that no engine or cars would be back or
move or interfere with said car or other cars on said side
track or tracks in any way for the period of at least one
and one half hours from that time, and that before it came
back onto the said yard or onto said track or side tracks
or either, the agents and servants in charge of the manage-

, ment and operation of the said yard, track and side tracks,
engines and cars would notify the plaintiff and those
working with him thereof, and that they would give him and
them notice and warning of the approach of any such engine
or car; that the plaintiff and those working with him in

‘ loading railroad ties onto said car then and there im-

 i ..‘

mediately went to work loading railroad ties onto the said
car which had been placed for said purpose by the defendants;
that in order to load said ties on to said car, it was
necessary to erect a walk or platform consisting of two
long planks side by side, one end of which was placed on the
ground and the other on the floor in the doorway of the
said car, which the plaintiff and thoseworking with him
did, and over which they carried said ties on and into I
said car, each person so engaged in loading the said car
carrying a railroad tie upon his shouher, all of which
was then known to the defendants and their agents and

' . servants aforesaid, and that this was the customary way
by which railroad ties were loaded onto cars at said
place, all of which was known to the defendants at the

1 time.
That while the plaintiff was werking and carrying

a railroad tie over the said planks or platform to be
loaded into said car, and while in his employ as herein-
before set out, and when he had a railroad tie upon his
shoulder and while he was upon the said planks or platform
and before he had gotten into said car, and within less than
twenty minutes after the defendants and their agents and
serVants in charge of and Operating their tracks, cars and
engines aforesaid had directed the plaintiff to go to work
on Said cars, and without having given either him or aly one
working with him any notice or warning of the coming of said
engine back onto the defendants yards, track or side track,
or either, and without having given any notice or warning
of the approach of their cars or engines or either, the

 .‘

' defendants and their servants and agents in charge of and
operating the said railroad cars and engine, wrongfully,
negligently and carelessly ran the defendant companies'
engines and cars back over and against the car onto which
the plaintiff was loading railroad ties as aforesaid, and
suddenly and without notice or warning knocked and pushed
the Said car from its then position and from under the sa;d
plank platform upon which the plaintiff was then walking,
and at a time when the defendants and their agents and
servants in charge of and Operating said railroad tracks,
cars and engines by the exercise of ordinary care could
have known and when they did know the plaintiff Was loading
the said car as hereinbefore set out, and when the plaintiff .
did not know and when he could not by the exercise of ordinary
care have known of the approach of said train, engine, or
cars or either, and thereby threw and caused the plaintiff
to fall heavily upon the ground and upon the ties under and
of the raierad track, and the railroad tie which he was
carrying to fallheavily upon him b y reason and as a direct
result of which three of his ribs were broken and torn
loose from his spinal column and three ribs broken and torn
loose from his breast bone, and his anhe and foot were makhed
and stiffened, and the muscles of his legs and arms were
bruised and lacerated, and he nervous system was shattered

. and shocked and otherwise injured, and he was otherwise
internally injured, all of which injuries and and will be

. permanent and are and were the direct and proximate result
of the gross carelessness and negligence of the defendants.
That the plaintiff has as a direct and proximate result of
the injuries aforesaid suffered and will so long as he

 1", ,
lives continue and be compelled to suffer great physical
paid and mental anguish, and that he has as a direct
result of said injuries been continuously since said time, ,
confined to his bed and nas not been able to do any work I
of any kind, and as a direct result thereof has lost all
of his time since said injuries were received, which time
to him was reasonably worth the sum of at least 9100.00,
and that he has been compelled to expend the sum of at
least 9100.00 for medical aid and nursing as a direct '
result of said injuries and in trying to regain health,
all of which he should recover from the defendants herein,
and that his power to earn money has been ;crmanently I
lessened and impaired, and that by reason of all the acts ‘
of negligence and of the injuries complained of herein, I
he has been damaged in the sum of Three thousand dollars,
no part of which has ever been paid and the same is just
- and due.
he states that the Said raierad tracks and
engines and cars were at the time and place of the injury
complained of herein under the joint control and were being '
jointly operated by the defencants, and that they each of
them and their agents and servants and while in their employ
participated and concurred in the wrongful and nadigent
acts hereinbefore complained of and set out, and with joint
gross negligence and carelessness inflicted upon the plaintiff
. his injuries complained of herein.
Wherefore, the plaintiff prays judgment against
the defendants and each of them for the sum of Three
thousand dollars, for his cost herein expended and for all
proper rel ef.
nickell a Tynes and J.h.5tricklin

 lhe affiant L. M. Nickell sags that he is attorney
for the plaintiff and that both said btirl and C. la Vest
are absent from this county and tne allegations of the fore-
going petition are true as he veiily believes.
b. L. Niekell.
____~._..____~.l____
subscribed and sworn to before me by the affiant
d. M. Nickell, this the 18th day of February, 1915.
Lee Daniel Clerk.
Wm
Ev h. E. Salinger D.C.
.._:1—W

 O
PEhLY CIECUIT COURT.
sTIhL VEST,BY C.D.VEET
HIS JEXT rfiIEND, ELAIHIIEF.
‘ Vt. AJJIDAVIT.
LOUISVILLE a LALEVILLE
RAILROAD GonzahY AND
LEXINGTON & ansmnfin
hilLWAY COMLAHY, LirnhDANTbe
‘ The affiant, 0.1). Vest, says that he is the '
father of the plaintiff, otirl Vest, and that the said
Stir]. \I'est is an infant under 21 years of age and that
said infant is 19 years of age, and has no guardian,
curator or committee in this state or at all, and that ‘
V the airiant lives and resides in this state and is a
citizen thereof, and th;t he is free from all disability.
That the plaintiff, btirl Vest has no property of any
' kind and that this affiant only has a small amount of
property not worth more than the sum of p550.00 in all,
and that he is not in position to and can not as he
verily believes execute a bond for costs herein, and that I
he has a family consisting of a wife and seven children
who are dependent upon him for support, and that it would
work a great hardship upon him to require him to execute
. or furnish a bond for costs herein, and the verily believes
and asks that he shall be permitted to prosecute this action
as the next friend of the plaintiff, btirl Vest, withoit
executing bond for costs.
Q.D.Vest. __
subscribed and sworn to before me by the affiant
C.i.Vest on this the lhth day of :ebruary, 1915.
::C.Taulbee
Justice of Eeace, Morgan CO.,ny.

 ., ’ ‘ ¥ 4 . . . - H > January 20, 1915. h a
7 _ '7 mr, $._M0nuoe Hickell, Atfioxney at law, > - "> * .‘..
' ' ' ,BQxijggtOTl, B:;. V A. '.I ‘ i-
  _ . flea? $5.12. - ‘ ‘ ‘ ' . ' > ' "
. ~ Referriflg fib the réceat exchange of-lettera between us. I
f j - in Teféfehog t9 claim of age Sterling Vest f f ifijuries claimed
- ,> to have been recefivefi at ar-near»fiézarfl, K write briefly to say‘that
- - ' thé'mafitar 1S Still unéer inveeiigétion anfi, if it_xurna out fhat _
. I thcré is any Subsfiantial baSis for thifi élaim; I hape it may be . . ‘ ‘
I ’: ficsaible for us to gefi tngethér On satisfactdry terms of settle-'>’
_ ‘ L ment. . f I . _ M I  ‘-
- :1 {flag hainthefi fiM‘ymnéinflnmmfiimg ., , . ‘ . ‘
‘ ’ - I ' Vgry firuly yours, . ' , - I
' . 3L%3;6L » . ‘ :'- ' ’
- ' t » - ” . Counsel. , ‘ ,. *
> u .‘ . . > . , “- } H. , " .fi?,«_

 » ..flmmmy20,1%5a ‘
I ‘ "’ Vfio A. McDowell, Esq., I r 1 j ‘ 1 . , .
‘ _ 1‘ ;Lexington, Ky.‘- ‘ . * _ I
a Den: Sir: - W _ v . . _ [ U
Jose o line to oeknowlefige yours of the 14th inetant, ,
V 1 ~ 511% enoloouee in reference no claim of Sterling Yeefi for allegeé» >
I ' injuries at EeLaTfi. ’ v . '1 1 I 1 '1 I ’
’ \ R . I note that thie claim is in froceon of furtnef1inve3~ '
tigatien, with e finir proepoofi of settlement. Eleaee keep me >- ' 1
1' 1 -. eflvioed of inrther'fievolonmenfie and do non overiook the foot that
Vent is finder some obligetidne to My. Snfionroe Eioko11 on his -
. attorney41n fine event nny Seitlexnnt is arrangoo. Shin last ‘_ V
. " . for our own profieotion. > 2 ' t ' 1 . . -
‘ ' . ' ». v ‘ ; Very truly yours,. _ I C 1
\* son/a, “ ' , - I I . ’
. , I ' . I GounSol. ; 1 1.

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2 v January 14th, lfilfi.
S. J. Wilson, 38%.,
' Lexington, Kyw
Dear Sir:-
Your letter of who lSfih enclosing letaor from
S. Monroe Nickell, :Ltorneg at Lexington, in CLDDGCUjJN mini claim
of Sterling Vast aoeounfi injuries received at Hazard..
I am attaching hereno a copy of rim 5; reports from the
conductor and engineman. The injury was susficinea by Vest due
to rho crew of 30.28 coupling into car in vhich he wos loaoirg ties.
Mr. Lanfirum hag made further investigrfiiou onfi i? I recall his
conversation he advised thore was gone prospect of settlement through
, the General ;pnagor of the 0.& K. Vast, I bclieve, lives at some
poinu on @133 line. Hr. Worfjeld has 3190 beer :flvised of the injury.
Yours truly,
/ /:/‘ fl
‘ 4A7 :”., 2
/K\i/’ a“ // / ””79*'
7‘ L// gg,.
.D o 7
M ;/ ;
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