The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-22
BIG DAMAGE SUIT
AGAINST SOUTHERN
A Young Brakeman Asks for
100000.
HAD HIS LEG CUT OFF
ACCIDENT DUE TO NEGLIGENCE
OF THE ROAD.
STEP LADDER ON A FREIGHT CAR BROKE
Threw him Beneath the Wheels of Moving
Train Near Cary. How he Tagged
Down The Train After He
Was Hurt.

Was Hurt.
Complaint will today be filed at Smith
field in a 100000 damage suit against
the Southern Railway.
The suit is brought by Thomas Vance
nearly year ago while in the employ of
the Southern. In his complaint he al
leges:
'That ON the Sth day Of November,
1893, he left Spencer for Selma ON reg
ular freight train, having a large mum
Der of cars and caboose attached; that
said train reached point near Cary
at night of the same day, ami as it was
going up grade. a drawhead pulled out
or a pin broke, disconnecting the cars;
an effort was then made to couple the
train by means of a chain, and when
this proved to be impossible, the cars
were taken to Cary i'm sections; that
while the rear cars We're left
standing ON the track, the plain
tiff, as it was his duty to
ham, to flag any trash that might ap
preach, and remained there until called
in by the usual signal, when he hurried
to the car to relax the brakes. as his
duty required him to do; that after
climbing ON top of the car and relaxing
the brakes, and discharging his duty.
de undertook to reach the caboose car,
where it was his duty and custom 10
ride; that in order to reach the same,
it was necessary for him to go down
from the rear end of the last box car;
that he endeavored to do so i'm the usua'
way, by lowering his feet from the end
of the car to the rounds OF the ladder
placed there for that purpose, and catch
ing and holding the hand-hold or grab
irons with his hand or hands to support
and steady his body: that to his horror
the hand hold or grab-iron, for want of
proper screws, on because of rotten,
broken or defective timber, gave way
and caused the plaintiff, in spite of all
he could do, to fall down and be thrown
under the wheels of the moving cars,
whereby his leg was crushed and mang-
led so that it was necessary to amputate
it near the hip-joint."
The complaint further declares that it
was the duty of the railroad to have
all cars inspected at Greensboro. and all
defective cars condemned, and such con
tlemuesl cars should have been displaced,
or so marked as to warn brakemen and
others as to their condition; that ny
any ordinary inspection the faulty condi-
tioal of the car from which the plaintiff
was thrown would have been detected;
that by reason of this failure of the
railroad to properly discharge its duty ID
this respect, the plaintiff was thrown
from the car and fell between the rear
end of the last freight car and the front
end of the caboose car, upon the track,
and the wheels of the caboose car ran
over his body, and the plaintiff, suffering
much mental and physical torture. lay
on the cold ground long time with
out medical aid or attention.
Later he was taken to the hospital
i'm this city and his leg amputated at
the hip-joint, and for many weeks he suf-
fered and was helpless.
By reason Of these injuries the plaintiff
has been rendered a cripple for life, pre-.
vented from performing ordinary labor.
his energies blunted, his hopes blighted
and his usefulness destroyed.
BY reason of all these things, he has.
he thinks, been damaged in the sum of
$780, 900, and he prays Judgment against
the railroad in that amount.
The attorneys for Holt are Simmons,
Pon & Ward, of this city and Smathteld,
and Boone & Bryant, of Durham,
Speaking of the case yesterday, Mr..
Ed W. P0n said: Holt did one of the
lbrayest things / ever heard of, and vet
it was. about all that was left him to.
do. When ne fell he had his lantern ON
his arm. 1t was not broken, and after
the accident he found 1T still on his arm
lighted. BY its light he investigated his
injuries. He found that he was bleed
ing freely, and that his leg was gone.
Tie he remained there by the track he
would surely die before morning. With
i'm the next twenty-forlr hours another
train was scheduled to pass. So he drag.
ged himself upon the track with his ian-
tern to wave the train down. His cwn
trainmen, however, soon missed HIM and
came back. When they came UP they
found him delirious with pain and faint
from loss of blood. half sitting, half Tyr
ing in the middle of teh track frantically
waving his lantern"