The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-09-28
FOR TEN THOUSAND
Raymond Durham Asks the
Court
TO GIVE HIM DAMAGES
For R, |. Wreck : Alleged
Speed of Train 20 Miles.

The first suit growing out of the acci
dent with happened at the crossing OF the
Rock Island railroad and Douglas avenue
on the day that Buffalo Bits show was
here has been brought. 1t Is brought 70,
Raymond Durham by his next friend
George w. Durham. who IS the boy
father.
Mrs. Sarah Avery. who was killed In the
wreck. was the divorced wife Of Georg
| Durham and when she was given a di-
vorce was allowed the child. Raymond.
and has employed Adams & Adams to
prosecute the claim.
The petition. which is given in part be-
low, alleges that the train was running
at & speed Of twenty miles an hour when
| IL came TO Douglas avenue. contrary 10
the city ordinance which puts the limit
at five miles. and charges other negli-
gence. The petition reads:
The said defendan, did carelessly and
negligently run its engine and cars
against, upon and over vehicle or wag-
on drawn upon one Of the public streets
Of the city of Wichita, Kansas. known
as Douglas avenue, and the principal
thoroughfare of said city; that at said
time that the said defendant came IN con-
tact with the said vehicle or wagon afore-
bsaid, there were a number of persons in
said wagon OF vehicle who at said time
were being conveyed from the corner Of
Main and Douglas avenue to the eastern
part of the city where an entertainment
was being held known as the Wild West
Show; that at the time the said defend
ants engine and cars came In contact
with said wagon or vehicle aforesaid
among the passengers in said wagon was
one Sarah Avery, who is the mother of
Raymond Durham, plaintiff in this ac-
ton; that the said defendants engine and
cars as aforesaid carelessly and negh-
gently ran against and upon the said
Sarah Avery, thereby carelessly and neg
igently inflicting mortal wounds upon
her person, by reason of which said Sarah
Avery died insta ntly, or within very
few minutes; that at the time of the
death of the said Sarah Avery she was
about 80 years of age; that the plaintiff,
Raymond Durham. in this action, was
the only Cnliu anu HtlT-dl-IdW Oh Ifle Sdiu
Sarah Avery at the time of her death.
THE plaintiff further alleges that at
the time that the said defendants engine
and cars ran against and upon the said
Sarah Avery, inflicting the said mortal
wounds from which she died as aforesaid
that she was upon Douglas avenue, one of
the principal thoroughfares Of the said
city of Wichita, in said vehicle as afore
said, at a point where the said defend
ants railway crosses Douglas avenue in
said city Of Wichita, at a distance Of
about fifty feet from the said defendants
depot in said city; that under and by viz
tue OF the ordinances of the said city of
Wichita, at the place where the said
Sarah Avery was killed as aforesaid. said
defendants railway company was not al
lowed or permitted to run or operate its
trains at greater rate of speed than five
miles per hour, which ordinance was in
full force and effect on the said 18th day
of September. 1898.
That at the time the Std defendants
engine and care came in contact with
said Sarah Avery as aforesaid, said de-
PENDANT was running its engine and train
Of cars at a dangeroue rate of speed, to-
wit twenty miles per hour; that the said
defendant was guilty of further negli-
gence which caused the death of said
Sarah Avery as aforesaid in not causing
the whistle of said engine to be blown
and the bell to be rung. or to give any
alarm by which said Sarah Avery might
learn or know of the approach of said
engine and train of cars as aforesaid, be-
fore the same came in contact with the
vehicle in which she was riding and the
said Sarah Avery as aforesaid.
That the said defendant was guilty OF
further and gross negligence in failing to
have a Waterman or flagman stationed
on said Douglas avenue at or near its said
track as aforesaid at said time.
in charge of its gate or gates that should
have been used for the purpose of guard
ing said tracks and protecting the trav-
cling public along said thoroughfare on
said day as aforesaid. and for the pur-
pose of warning passengers of the ap-
preach of engines and cars along said
railway.