The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-08-24
STREET RAIL WAY SUED
I. K Sexton Brings Suit For
$4,000.
CAR THREW HIM DOWN
Church Looks For a Man
With Deposit Money.

TIE street car situation yesterday set
tled down 70 an uneasy apparent lerhargy
and began its Chamber through the next
twenty days when II is expected. accord
ing to the councils action, hot time Will
begin If nothing financially substantial
shows up before that time. Mr.. Church
said yesterday that their contractors ara
expected here by every train. and that
then the new company will be in shape
TO do something. Meantime the company
Is sued for more than three thousand dol
lars in as explicit and humorous a paper
Is was ever filed In any court L would
do credit TO a composite Mark Twain and
Rufus Choate. The petition is fled BY T.
Exton and he sues the Keene, New
Hampshire, Five Cent Savings bank. the
keene Guaranty Savings bank, the Chesh-
ire ProvidenC Institution, the Wichita
Railway. Light and Power company, W
@ Church, Herbert 2 Church. 4. T.
BatcheIder and the Wichita Electric
Railway company. Mr.. Sexton fell in the
car at Douglas and Market, hurt himself
which inspires the following unique speci-
hcation he says that the said defend
ants permitted said rails Of said street
railway system and particularly upon
Douglas avenue II said city to alternately
contract and expand, rust, wear out, sep
arate and spread out Of line so that a car
passing over the same at either the MI
imum or maximum rate OF speed as pro-
Vided in their franchise. frequently jumps
the said rails and gIides peacefully over
the asphalt pavements Of said Douglas
avenue in said city, which action OF said
Cars. is a standing menace to the citizens
Of said city, and particularly to strangers
who are not familiar with the peculiar
antics OF said defendants cars. and same
is dangerous TO comfort, life and limb,
as IS we'll known TO defendants. That said
rails are antiquated, and have become so
worn, spread and separated, and were
SO negligentIy maintained that said afore-
said cars jump, rebound, jerk and jolt,
producing a peculiar sea-sick feeling, so
that passengers compelled ID use them
keep their seats with difficulty, compell-
ing many to stand to avoid serious in
jury to their anatomy, so that prudent
physicians have advised their friends and
patients TO cease riding noon or in said
so-caAed passenger conveyances.
Plaintiff further states that the said
cars Of said defendants are decrepit and
ancient and fan to pieces without the /
slightest apparent provocaton, and it has
been customary and necessary for the de- |
PENDANTS motorneers to carry with them I
sundry jack screws, and other multi |
farious and divers tools and implements !
wherewith to temporarily repair said So
called cars 20 enable said aforesaid motor 4
neers TO run the same to their various |
and sundry destinations.
That the wheels attached TO said cars
are variously abbreviated in that the /
same are Hanged and fat in spots, caus-
ing noise resembling q threshing machine /
working on No. wheat against the .
peace and dignity Of the Embellishments /
Of Wichita, whereby and wherefore said |
cars cannot be stopped until the fat por- !
ton strikes the said aforesaid decrepit |
rail- ground or pavement as the case may
be. thereby making it difficult for said car
again to proceed upon It's journey without /
the assistance OF the aforesaid motornee-
and the unfortunate passengers. That /
said cars were so negligently kept that /
same have become racked and warped, 1
causing some to be convexed. both hOri-
zontal and vertical, the aphericaI surface /
thereof showing apertures through which 1
4 person on one side of the car can see .
a thirteen inch shell on the opposite side (
of the street. compelling the liberal use
tarpaulin and umbrellas TO keep our the /
elements from said aforesaid conveyances .
sometime hereinbefore designated as cars.
said floors OF said cars are perforated
and uneven, and paint has never been
used upon same for time whereof the
memory Of man runneth not to the con-
trary."
Plaintiff further states that the running
gear. appurlenances and other appliances
OF said cars are not the latest appliances
used by companies and street car systems
using electricity as a motive power, and
were and are against all custom, usage
and safeguards and said tracks rails and
said cars and are not keptxzhfifffietao
cars were and are, not kept in proper re
pair nor in codditon as prescribed in
their franchise. as the defendants well
know.
That on the 14th day Of July. 1898 the
said plaintiff was i passenge on one Of
the aforesaid ears Of said defendant, nav
ing paid his fare Of i've cents. the amount
due from him as such passenger. that
said car had seats running lengthwisa
therein, and that said cars and track
Of said defendants were negligeatly main
tanned as herelnhefore described.
That said defendants carelessly and
negIgeHtly placed under the seat Of said
car and negligeatly permitted the same
- remain in said car a certain tool box
70 which was attached therein neg Eeutly
and carelessiy placed an iron instrument
or bar. which said piece Of iron pro-
t-u5ed from under said seat into me
aisle Of said car. that while said car was
running on Douglas avenue il the said
city. the plaintiff having placed his fare
in the fars-aoN of said car and said
plaintiff started TO walk 20 one end OF the
car 20 Jake MS ssat. that said car gave
jolt. the piain-iGs foot caught in sad
iron instrument IT bar without any fault
or negligence upon his part. throwing
said plaintiff violently upon his back. on
the opposite side Of the said car severely
cruising. wre1chi1E and infur.nE said
plaintiff IN his back. spine and legs.
TWENTIETH KANSAS TO MANILA