xt73bk16mf8w_660 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. [496] William Atkins v. L&E and L&N, Breathitt Quarterly Court text [496] William Atkins v. L&E and L&N, Breathitt Quarterly Court 2016 https://exploreuk.uky.edu/dips/xt73bk16mf8w/data/51w14/Box_62/Folder_1/7929.pdf section false xt73bk16mf8w_660 xt73bk16mf8w Form 162 LAW DEPARTMENT
‘ SHVILLE RAILROAD COMPANY '
‘ Eatingon, lip"! ‘ ‘
OFFICE OF ATTORNEY AT777 7 77 7. 7 7777 7 W__
B. D. WARFIELD, , {L:.llila’ay ()jL,,, lib; , ,,-_IQIZ-Wl 1
District Aflornoy, .
LOUISVILLE KY. REPORT OF PROCEEDINGS. » .
In file case 01777777”..7;:.r;7. ,,.;d27:i;:1;i; 7 777 .777 vs. 77 in . ' i; and I, .17,- L. 7 7 7777777 77 .1 _
[11: following flrorcm’z'n‘g‘s were bad a! My , V , “Tenn, 191_..i_i,,
of f/ze_ ,, 7 77 7 Court ofl ,, , ”,1_Comzty. '
DATE PROCEEDINGS
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[SIGN/50].. .7 \ » ' \ ‘ ‘ ,
Attorney L. & N. Railroad Co. >
[59??‘1. Give date of filing all pleadings, and their character, as petition. etc., etc.
2. Give date of all proceedings, such as motions to strike out for new trial, etc., etc. ‘
3. In reporting a. continuance, state at Whose cost.
4. In reporting ajudgment, state date and amount of judgment. If appeal be taken, state by which party, and whether
bill of exceptions has been filed; if not filed, What time, if any, has been allowed for filing.

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 O. H. POLLARD ’
AIL‘ZE‘o'iFLEfifuffiiw 9 1’ m
‘ ‘\‘ to ,
Nov. 4, 1915.
fiflga$mmlM.Wflem,
Lexington, Ky.
DwrMfim
Replying to your favor of the 29th ult, in re bill of fire.
Gertrude Conley of $6.60 for reporting case of William AdkinS'v&
L & H and L & E, Breathitt Quarterly Court. I advise, I have
approved the bill and herewith enclose which please certify for
payment.
This suit was tried at the September term of the Court and
handled in the usual way. I am appealing to the Circuit Court.
I also enclose carbon copy of the plaintiff‘s evidence ‘
taken by fire. Conley.
Yours truly,
OHP—L

 P x
V BREATHITC QUARTERLY COURT.
William Adkins, Plaintiff.
vs: EVIDENCE.
Louigviile i Naufivilla Railroad Lompany, xnd
Lexington & Eastern Railway Company, Defendants.
ganja. .3 A :.: 11:1 S .
WITNESSES: @tmseta GHQ-5:3.
idkina, N;Lli;fl, (dl‘iatiff), 1-L :»5
/'
Gross, LEiz‘am, 5-13 6-7 /
J :
miller, Vlinfi, (P.ub), 8-3 8-9 / -
N
Jyatt, John, 7-7 7”8 /
/
Certificate of Jfficial 713n0313pher, ~~— u --”--- wage 10;
/

 f ’ 3
‘A' BREA‘PHITT QUARTERLY COURT.
Stattia‘ftn'eta 28th, 1915.
William Adkins, Plaintiff.
_ vs : EVIBENC E .
Louisville & Nashville Railroad 00.,
and Lexington & Eastern Railway 00., Defendants.

Be it remembered that upon a trial of the above entitled
action begun and held at the Court House in Jackson, Breathitt
County, Kentucky, on the 28th day of September, 1915, before
the Hon. x. S. Jett, Special County Judge presiding, the following
testi ony was introduced, and the following proceedings were had:

William Adkins, plaintiff, was first introduced and testifided
as follows:

Examined by Mr. Chester Gourley, Attorney.

Q. MI. Adkins, did youh have a steer that was run over by

the railroad§ A
A. Yes sir. A
Q. What kind of a steer was that? A .

A. Well, it was what we call a red and white spotted steer. A
Q. About how much would it weigh?

A. It would weigh about Eleven Hundred (llOO#) pounds.

Q. When was it that steer was run over?

A. I dont remember exactly what date, but about the last of

April this year, 1915.

Q. What was the value of that steer?

A. Well, it was worth about Eighty ($80.00) Dollars.

Q. Were you present when the steer was killed?

A. No, not right when it was hit I wasn't. I was in a few.
2 minutes afterwards.

 P .

‘1
V H . .

g. Describe what you found when you got to the place?

A. Well, I found there where the train had knocked him over
the hill and drug him a little niece, not very far, drug
him over

Q. What train had paSeed there a few minutes before that?

A. A passenger train going west.

Q. What time a day?

i. Early in the morning.

(it. how was the “track east of there going ..ffrom Jackson how
far could you see?

i. A quarter of a mile.

9. A quarter oi a mile before you got to the point where the
stash was struck, is that correct?

a. Yes.

Q. who did you say was the owner of this steer?

a. I am.

Q. hid the train hill the steer?

a, Yes, he died. He didn‘t right then. he lived two or
three weeks, maybe longer.

CROSS EXAMINATION.
, Innis..- 0- ii.:.}:Qlleih.-.Qaasaelniaaifieaisaia; '

Q- How old was the steer? . ‘

A. he was going on four years old. l

Q. where did you get it?

A. I raised it. i

‘ Q- You say you raised him? f

A. Yes, partly, I think he was a year old or Z Jhen I bought
him.

Q. Who did you buy him from? X;

f

A. I dont remember now. I think I bought } n from Tom Borgia,

or some fellow on the Shoulder.

 i a
. \ ‘
Q. Dont you remember who you.bought that yoke of?
A. I dont remember, - I bought him from Tom Hargis, this
yoke of cattle, red steer.
Q. where abouts was he killed? ‘ 1
A. He was ranging about a mile and a half the other side of
Elkatawa; I reckon you call it the mouth of Sugar Camp
Branch.
a. On which side?
A. Yonder side.
Q. How far from the mouth of Sugar Camp Branch?
A. Right on that fill.
Q. Who owned the land where he was Killed?
A. Tom florgis or his Mother.
Q. You mean Joahannie Hargis?
A. Yes sir.
Q. That is the Mother of Tom andt the Wife of Alex Hergis?
A. Yes.
Q. Where did you live at the time?
A. I livwd on the some farm on the lower end.
’ e. was the steer killed on the land that you had leased
from them, or how is that?
A. Well, I had pastured my stock there the last ten (10:
years. »
Q. Well, you had that land loosed, didn't yoi? —— Ymiwere
living there as their tenant?
A. Yes sir. I
Q. You say you didn't sec the train hit the steerfy
A. No sir, I did not. s
Q. How long after you saw a train pass there before you
discovered the steer? g
A. Well, the best of my recollection it was a§%ut a half an
hour, some little boy come and told me. y;
. -5_ it

 * 3
x Q. He told you he saw the train hit it?

A. Well, I dont remember whether he did or not. He said the
train hit the steer.

Q. Had you seen the train pass there that morning a half an
hour before you found the steer?

A. Well, I think it was not over a half an hour.

Q. Which way was the train going?

A. Going to Lexington the one I remember seeing.

Q. What train was it?

A. I disrememher. I think the passenger train the only one
passed there.

5. what time a morning did that train pass?

A. Tolerably early. I dont know exactly what time it was, early
now. ‘

Q. You remember what month it was? —— Was it April 28th?

A. It was in April. I dont remember the day of the month or
week.

a. You dont know what train hit the steer; whether that train
hit it, or the one coming in?

A. I dont know. I think the one going yonder way from Jacksin
to Lexington, the way it showed from the sign of the cut.

Q. how, describe what wounds the steer had on it when you
discovered it?

A. Well, it was just scared up a lot; that is all bruised up.

. Q. Was there any limbs broken?

A. No, he had been mashed up in his hind parts.

Q. What did yOu do with him immediately?

A. I turned him over the field and the Section Foreman's care, ‘
andhiold me to take the steer and see what he done. The
Track Walker he come along every morning and looked at him;
I dont know whether he come every morning or not, but most
of the time.

-4-

 * i
‘. Q. Who was the Track Walker?
A. Cal Oaks.
Q. You say the steer finally died?
A. Yes. -— Estill Back oome there and looked at him a time or
two. ’
Q. You dont know what train hit him? a
A. ho sir, I dont know exactly what train it was?
Q. All you know about it is from seeing the steer you suppose he
‘ was hit by a train?
A. Well, he had been right in the middle of the track where it
hit him.
Q. Did you see any Sign on the track?
A. Yes, there was some hair there on the track.
Q. Any blood there?
A. No sir.
Q. has that on the fill?
A. To the right on that upper £111.
Q. The far approach from here to that trestle across that
branch?
A. ¥eeewthat—ie7-there-ée-twe
A. Yes, that is one; there is two. They are not very far apart;
this was the upper one.
Q. On the other side from here?
A. Yes.
Hiram Tross was next introducea by plaintiff, and testified
as follows.
Examined by Mr. Chester Gourley, Attorney.
Q. Did you know that steer that Jilliam Adkins had killed in
April of this year?
A. Yes sir.
-5-

 i 3
2' Q. what was its' value?

A. Why, I think it was worth Eighty (380.00) Dollars”
GHOST—EXAMINATION.
32:31-33..-39.L.§.L_Ec_:1_l&ariil_£3;53133.9}-£95..-§§.£§2¢£§£’93_

Q. You dont know any thing about whether the railroad killed it
or not? '

A. No, I just seen the Sign where he was knocked off the railroad.

Q. When did you see fihat hr. Gross?

A. I believe it was in April or may one, I cant say.

Q. How did you happen to discover the Sign?

A.~ Me and Tom Hargis was going up the railroad, and me and him
me%—at—%he-3§§§eaeh~ahoa$~the-same~téme~ met at the bridge
about the same time; on yonder end of the bridge from here
above the Borgia House.

Q. You mean the Trestle across the branch?

A. Yes, the trestle.

Q. What is the name of that branch?

A. Sugar Camp Branch I think»

Q. And you saw the Sign on the far end of hhe trestle?

A. Yes.

Q. You MJHt know what train struck it?

’ A. No sir, I dont know what train struck it. .

Re Was that the same day it was supposed to be hit that you saw
the Sign?

A. yes Sir, in the morning, I was coming to Elkatawa for some
reasonJ

Q. You dian't see the steer that same day after he had been
struck?

A. I saw him just down over the bank, and the blood from the

 ’ 3
L railroad down into the wire; it had went through the wire
7 fence; looked like it had slid through the wire fence off
the track; I seen hair and blood on the end of the ties.

Q. Did you see any blood?

A. Yes sir.

Q. Did you exaudne the steer afterwards to see whether there
were any breaks in his skin?

A. No, I didn't go down into the bottom where the steer was.

Q. You never did examine the steer than?

A. No, I never was any closer than just along on the inside of
the fence moving down to the lower side. —- His inside of
his flanks was all shun. ~~ A day or two after that I was
noticing and got down to the lower side of the bot om.

Kr. Jonn Hyatt was next introfiuced by plaintiff, and teptified
as follows;
Examined by Mr. Chester Gourley, Attorney.

Q. fir¢ Hyatt, did you know that steer of Jilliam Adkins?

A. Yes sir.

G. You know when it was injured along in April of this year?

m ItMnksm

Q. What was the value of that steer?

A. It was worth Seventy—five or Eighty Dollars.

CROSS EXAMINATION.
wz..-iq-_fl:i Reggie..,._910173939.l._i9£__<1efindanto

Q. Did you see the steer after it was Struck, John?

A. $0 sir.

$. You just know that this is the steer that is said to have
been killed by the railroad @ompany?

A. Yes sir:

-7,

 Iv ~ 3
x“ Q. You dont know any thing about the accident at all?

A. I dont know a thing about it.
ur. Flint Miller: (v. H. Miller), was next introduced and ' _
testified as follows.

Examined by MI. Chester Gourley, Attorney.

Q. You know this steer of ¢illism Adkins, that was injured
along in April of this year?

A. Yes sir.

Q. What was its value?

A. Oh, it was worth about Seventy—Five or Eighty Dollars.

CROFT WKAMINAVTON.
311.113;512.32.--,Pglilzéz'slfiszsuee1 f}? r {1.0 wit.

Q. Flint, how do you know, -— flow do you identify this steer
he was talking about?

A. Well, I saw him there some seveual times; I caut tell you
the number of the times; he was a red and white uieded steer;

I fed him a time or two; I hope feed him I dont know how
many times.

Q. You never saw him after he was struck, fill you?

A. I saw him after he was dead.

Q. That was the some steer?

A. Same steer, yes sir.

Q. You dont know what train killed him?

A. No, I dent know what train hit him.

Q. All you know about it is that this steer you had seen there you
knew the body of him before he was hit; and you saw him after
he died? »

A. Yes sir.

—8— _

 ’ a
', Q. About how many days was that after he wee said to have been
hit?
A. I dont know.
Q. Where was that?
A. He was up fihere Just above ahere they eaia he was struck
in the same pasture; something like 250 yards I gueSR from
where he was hit.
Q. Is that where Bill lives up there?
A. Yes above where bill lives.
Counsel for plaintiff: "We close here."
Counsel for defendant: "Ne dont care to offer any evidence."
Jury reiulne verdict in iaver of plaintiff for $75.00.
-9-

 173’7‘,.\TT.?1"£"" ”UAP‘T77 "52‘! "3 QUINN.
;; . . ..7, .. ‘ -.- ,N‘ .!.<,;,~‘
,Iilliam 3,.} {,.5. r1: , l’lainullf.
VS: C‘IB‘TIE? [C- .511?) Jit‘ 11" 175‘ It 1:53,; T“..‘.-?;>C;R[5. ,1.-HER.

Louisville & Daehville fiailrond Connet,. and

Q J - ,

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1:163.ng 1101,. p .,'",2 chfl, 1’.-.'.‘lm..t.2':?.£,- C- Unfi'ih’lf , I/G‘i fuldx’lflt.

j, fiertraée Conley, Official Etenorrapher, do h3reby
certify the: the foregoing Till of Evidence, comrrieine the
depositions of uillinm.;d_ine, Hiram Grass, nohn xyett, and
Flint- 122.11%“, is; trite enc“; Harvest francseri}??? of the evidence
taken Lg; me in she wharf. on thc‘; t 1‘19]. of the 273:-at e entitled
action ‘.‘..-efz'cre ‘tms £5011. ’.' Jett, Coanty Judge presiding, on
the 284.}; (Eng; (..:? itae~ffi;emhezr , 1.915”

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Mr. S. M. Wilson, LO
Counsel, L.& E.R.Co., j'
Lexington, Kentucky.
Dear Sir:—

The attached bill from Mrs. Gertrude Conley, Of-
ficial Stenographer, dated October 25th, for services rendered
in the case of William Adkins v. L.& N.R.Co. and L.& E.Ry.Co.,
Breathitt Quarterly Court, was received in this office this
morning. If correct please approve same and return to me for
voucher.

Yours truly, ’ ~
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