xt73bk16mf8w_649 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. [486] L&E v. J.M. Deaton, Breathitt Circuit Court text [486] L&E v. J.M. Deaton, Breathitt Circuit Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_61/Folder_7/7539.pdf section false xt73bk16mf8w_649 xt73bk16mf8w O. H. POLLARD ’
enigma? -
June .LJ',‘ 1915.
Judge Samuel M. Wilson,
Lexington, Ky.
Dear Judge:
I have your favor of the 11th in re case of L & H vs.
J.M. Deaton. In reply, will say that this suit was filed during
the administration of Hr. E’s. Jouett, under his direction and
long before I was furnished with blank reports or required to
make same to the Company. This accounts for your failure to
have copies he.
Complying with your request, I herewith enclose you copies
of the pleadings in this case.
Yours truly, ,jjJ _4 8;“ {95¢
CHIP-L

 T
Breathitt Circuit Court.
Lexington & Eastern Raihway Company Plaintiffl
vs. / Petition in Equity. V
J.M; Deaton Defendant.
The plaintiff, Lexington & Eastern Railway Company, says
that it is a corporation, duly created and organized and existing
under and pursuant to the laws of the state of Kentucky, with the
right to contract and sue in its said corporate name; that it is
the owner of a line of railroad extending from Lexington to Jackson,
and is engaged in constructing an extension of said railroad eastward
from Jackson to a point in Letcher County beyond Whitesburg; that
pursiant to its plan for the construction of its said Extension it
acquired by purchase from the defendant, J.M; Deaton, for its right
of way, two certain strips of land each 100 feet wide and 1300 and
2520 feet long, respectively, in Breathitt County, Kentucky, and
described as follows:
The first of said strips begins at the property line _
between the lands of J.M. Deaton and that of Curt Spioer, said
. prOperty line being at or near Construction Station 698 of said
North ForkiExtension; thence up the river 60 feet wide on the upper p
side of, parallel with and adjoining center line of main track and _
40 feet wide on the lower side of, parallel with and adjoining _}
said center line of main Tract through the property of said J.M. .
Deaton:ind others, a distance of 1300 feet, more or less, to the -
' upper line between the lands of J.M. Deaton and that of Curtis
Spicer, containing 3 acres, more or less, said strip of land being i
100 feet Wide, 60 feet £10m the center line of main track on the up—
- per side of said center line and 40 feet from the enter line of the -‘
‘ lower side thereof of the main track of the North Fork Extension f
of the Lexington & Eastern Radway Company as non staked out on the
t . surface of the earth.

 t
' 2
Plaintiff says that said strips of land were conveyed to it

3 by the said J.M. Deaton and wife, by deed duly'ecorded in the Breath~

itt County Court Clerk‘s Office, in Deed Book No. 30, page hit, the

Swannany Lumber Company haying also joined in said deed to pass

some sort of undivided interest which it had therein in conjunction

with the said J.m; Deaton.

The plaintiff says that it has lasted on the first named‘
said strips, one of its stations,.knovn as Arthurcary, and had
constructed thereon a depot building for said station, and that it
it is necessary for it to grade the land embraced in said strip and
to use practically all of it for right of way and station ground
purposes; that it will be necessary to construct thereon a consid—
erable fill.and for that purpose in prt the plaintiff has,at great
expense, caused to be moved to the vicinity of said strip of land,

a steam shovel outfit, consisting of a steam shovel, a locomotive,.
dump cars, spreader car and camp are fbr the men, together with a
force of fifteen men, all of‘whom.are on the ground:ready for do—

ing Said work, but plaintiff says that the defendant has wrongfully
forbidden the plaintiff's civil engineer3 and the contractors oper—
ating said shovel and the other men in charge of said work to dump
dirt do other material, or do any other work, upon said right of

way strip along its lower or southern margin in the vicinity of

his house, store and garden and has wrongfully threatened the ,
plaintiff's employes and agents in charge of said work with vio—— 3
lanes and bodily injury if they undertake to conduct said work '
upon the portion of the right of way strip above indicated, and that
by reams of said unlawful and wrongful threats of personal vidlence,
he is interfering with and preventing the doing of said work and

will continue so to do indefinitely unhss enjoined by order of

this court.

 t,
3
Plaintiff says that in its effort to give the citizens and
patrons in that section of the country as well as the country beyond, .
as convenient railroad service as possible, it has within the last
few weeks opened said extension which is in process, of construct ion
for comuercial traffic for freight and passenger s as far east as;
' said Arthurflary, which is at present the terminus of its line so
far as said traffic is concerned, and that it is essential to the
proper use of said station by the public as well as bytthis plain»—
- tiff. that the filling at the place abovementioned should be completed
at the earlie st practicable moment, as it is necessary for a side '
track and other improvements: required for the accommodation of the
business and the public; to be put in immediately, none of which,
however, can be done without doing the filling and other work upon
that portion of the plaintiff's right of way hereinabove mentioned.
It says that unle es the de fedant is enjoined from inter-—
fering with the doing of said work it will. necessitate the removal
for the tics being of the aforesaid equipment from that vicinity
at great expense, and the indefinite abandonment of said improve-
ncnts, whicha are essential to the proper use and enjoyment of 3
plaintiff's rights acquired by the purchase of said right of way, >
i with a consequent loss of business to the plaintiff, and great
inconvenience to the public, from all. of which causes the plain~
tiff will suffer great and irreparable damages for which it has no
adequate remedy at law.- That no previous. or other application for
injunction or restraining order has been nsie herein and refused by i
the court or any circuit judge and that great and irreparable in— ’
jury will result to plaintiff from delay in giving notice of this
application for injunction. ,
Wherefore plaintiff, the Lexington 8c Eastern Railway

 S
1;.

Company prays that the defendant, LIL-Z. Deaton, be enjoined from
preventing, interfering with or obstructing, by himself or others, I
by threats or demonstrations, or acts of violents, or by other means,
the full use and enjoyment by plaintiff, its agents and employee,
of the foregoing strip of land and every portion thereof, and that he
be enjoined from preventing, interfering with or obstructing, by
himself or others, by means of threats, demonstrations, acts of vi»—
olence,“ or other means, the plaintiff, its agents: and employee,
from making and completing all such grading and work as it may dea—
sire to do upon said strip of land, and that upon the final hearing
the said injunction be made perpetual, and it prays for its cost
and. for all proper relief.

E.S. J'ouetif,

O.H. Pollard...

Atty. for Plaintiff.

The affiant, John Davis, states on oath that he is the
passenger and freight agent of the plaintiff, Lexington 8c Eastern
Railway Company, stationed at Jackson, Ky” which is at the county
seat of Breathitt County, and that said station is the nearest star-
tion to the county seat of said county, and he is the station, pas—-
senger and freight agent of said company stationed. nearest said ‘
county seat;: that the chief officer of the plaintiff, the Lexington.
8: Eastern Railway Company, is nov absent from Breathitt County. He
further states that the statements in the foregoing petition are
true as he verily believes.

John D. Davis.
' Subscribed and sworn to before me by John D. Davis, this
the 31st day of May, 1912.
Notary Public Breathitt' Co.

 5'

The affizmt, O.H. Pollard, says on ath that he is one of
the attorneys for the plaintiff, whose chief officer is new absent
from Breathitt County; he flirthermore says that he is the agent of
the plaintiff and that the statements in the foregoing petition
are true, as he believes.

O.H. Pollard.

Subscribed and sworn to before me by O.H. Pollard, this
the Elst day of May, 1912.

31.0. Hyden, Notary Public
Breathitt: Co. Ky.

 Breathitt Circuit Court.
Lexington 80 Eastern Railway Company Plaintiff" ’
vs. ./ Answer.
Lid. Deaton Defendant.

The defendant, .LM. Deaton, for answer and defense to
plaintiff petition admits that the plaintiff acquired. by purchase:
from the defendant for its right of way two certain strips of land
each One hundred feet wide and thirteen hundred and twenty feet.
long, respe ctively,. in Breathitt County, Kentucky, but he denies
that the first named strip of land is forty feet wide on the lower
side of, parallel with and adjoining said center line of main track
through the property of the defendant and others and denies that saifi
strip of land is me than thirty seven feet wide as now staked out on
the surface of the earth and denies that he conveyed to the plain—--
tiff any more than thirty seven feet on the lever side of the sen—-
ter line of the main track of said railroad as it is now located.

The defendant denies that he has wrongfully or at all.
forbidden the plaintiff's civil engineer or the contractors oper—
ating plaintiffs steam shovel or other men in charge of said work
to dmnp dirt or other material or to do any other work upon said
right of way strip conveyed to plaintiff by defendant along its
lower or southern margin in the vicinity of his house, store or
garden or at any other place on plaintiffs right ofway and denies
that he has wrongfully or at all threatened the plaintiff's said
employee or agents: in charge of said work with violence or bodily
mnjm'y if they undertake to conduct said work upon the portion of
the right of way strip above indicated. or that he has threatened
them or any of them with violence or bodily injury at all and de—
nies that by means of said alleged". unlawful or wrongful threats
or any threats of personal violence he is interfering with or pre—
Venting the doing of Said work or that he will continue to do so

 1 L
2
indefinitely orat all unless enjoined by order of this court. .

He denies that unless he is enjoined from interfering with
the doing of said work it will necessitate the removal for the tune
being of the aforesaid equipment from that vicinity at great ex»
pense or the removal of it at all or the indefinite abandonment of
said improvement and denies that said alleged improvements are es—
sential to proper use and enjoyment of plaintiff’s rights acquired
by the purchase of said right of way or that there would be a loss

’ of business to the plaintiff'from all or any of said causes or that
the plaintiff will suffer great or irreparable damages_or any dam—
ages for which it has no adequate remedy at law.or that it will
suffer any images whatever by'mason of any or all of the aforesaid
causes.

Defendant denies that the plaintiff is entitled to at
temporary restraining order restraining or enjoining him from the
acts complained of in the petition.

Wherefore defendant prays that plaintiff‘s petition bev
dismissed and that the temporary restraining order granted herein
be dissolved, set aside and held for naught, for a judgment for
his cost herein expended and for all prOper relief. I

Adams & Holliday,
Attys. for Daft.

The affiant, J.M; Deaton, says the statements in the
foregoing answer are true as he believes.

J.M. Deaton.

Subscribed and sworn to before me by J.M. Deaton, this
the 22 day of June, 1912.

m;H. Hblliday, EX. E. Co. Ky.

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Hr. 0. h. Pollard, i fl/A
A .'~: *‘ ~"—". REC“
.lttorney. Jackson, Ky.
Door 5ir:- ""
Referring to yours of the 8th inst. relative to
taking depositions at Nashville and orients in the case of L. ;
"’”‘-’w‘fi‘fri-‘v" rrv-Lw-"a .u.~..-4-. .. _» .4 4.4, 4 44.4_.. ““4.-w».
E. R. Co. v. J. t. Danton.

‘ri think Ir. John B. Keoble, District attorney at
flashville, Tenn., whose offices are in the Vanderbilt Law Build-
ing, and Hon. John L. Eye, District attorney, Atlanta, 63., whose
offices are in the lfl< uitable Building , will be 5:1.-id to arrange
matters for you and I suggest that you correspond with them.

Yours truly,
District attorney.
Copy to
Jr. John L.Tye,
District attorney,
Atlanta, Cvorgia.
lair n t: I B c lieeble ,
District .fitorney.
Hashville, Tenn.
:LZI‘ o S o l: o iii-Ti 18011 , M444“,
Counsel, L.& h.Ry.Co.,‘"'
Lexington, Kentucky.
JJD/w