The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-10
1T WAS HIS OWN FAULT.
f. C. AND p. IMPUTEs sTURTEvANT's
DEATH TO HIS NEGLIGENCE.

Companies Denies All Respon sibiIity
and Repudiates All Liability I'm
Dnmages-Story of the Accident
Told in a New Way-Answer of De-
PENDANT Filed in United States
COurt-COnductOr of the Train of
the Crew of which sturtevant Was
Member Had Been Left Asleep
Near Everett-Then the Brakeman
Assumed Charge and Subsequent
Happenings Were His own Fault.
The answer of the Florida Central and
Peninsular Railroad to the damage suit
for $4,000, filed by Mrs. Mary Sturtevant,
because of the death of her husband, w.
r. Sturtevant In an accident on the road,
near Everett City, was filed yesterday
morning in the United States Court.
The accident in which Sturtevant, who
was a brakeman In the employ of the COM
pany, met his death, occurred in last July,
and has already been fully described in
the Morning News. The answer of the
company repudlates any liability for the
death and enters into a detailed descrip-
ton of the manner In which it transplred
1t is alleged in the company's answer that
Sturtevant met his death by reason of his
own negligence and carelessness, and not
through any fault that can be imputed to
the defendant. its officers, agents or en-
ployes. The further averment is made
that the company is not a citizen of the
state of Georgia, but of the state of Flor
ida.
The story told in the answer Of the rail-
road company differs materially from that
of the plaintiff. II Is said that when the
train of the crew of which Sturtevant was
member reached a station near Everett
there had been wreck on the road and a
stop of some minutes duration was thus
rendered essential. During this interval
the conductor of the train, tired and sleepy
by reason OF his somewhat arduous duties,
retired to the side of the road for the pur-
pose of resting, and was soon in the land
OF ned. The train left him there and pro-
ceeded in its way
Then Sturtevant ventured to take COM
mand of The train and the crew and with
out waiting for directions from the con-
ductor or awakening that official from the
profound repose into which he had fallen
directed that the engineer proceed on his
way. When Everett City was reached
Sturtevant directed that two of the cars
attached 10 the train be placed on the sid
ings, ard ii was in the execution of this
maneuver that he lost his life The COM
pany says it was through no fault of its
agents, but by reason of Sturtevants own
oarelessness and stupidity in attempting 10
have the cars kicked" on the siding,
without fun crew and without the skilled
direction of the conductor of the train.
1t is asserted that the husband of The
plaintiff, who was killed in the accident,
was aware of the fact that the conductor
of the train was asleep and had been left
fifteen miles away and that it was his
duty to arouse the conductor and have
him proceed with the train Of which he
had charge. That Sturtevant had failed
and neglected to do this, and had offered
himself to take charge and direction Of the
movements of the train, the company
AYERS, resulted in his death. To the ale
cation of the plaintiffs petition that Etur-
tevant was on the eve of promotion, a
positive and emphatic denial is returned.
The case was originally brought in the
City Court of Brunswick but was re-
moved to the United States Court for this
district on the motion of the defendant.
The defendant company is represented by
Messrs. Crovatt & Whitfield. division
counsel for the company at Brunswick