The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-05-27
DAMAGE SUITS FILED
PiIkenton and Devore Each
Sue the Santa Fe
PILKENTON WANTS $4,000
For Being Struck by Train
Devore Lost Cattle.

Two large damage suits were filed
against the Atchison, Topeka and Santa
Fe Railway company yesterday within an
hour Of each other. The first IS that Of
VIM. PiIkenton in which he sues for
nearly $500 damages for alleged injuries
received on the evening of May 10 last
by being struck by train at the kellogg
street crossing. A full account Of the
accident was given in the Eagle at the
time. Mr. PiIkenton is a huckster whe
makes this city from, Augusta, and on the
evening Of May 16. while crossing the
railroad at Kellogg street, about SGD IN
the evening, his team and wagon were
struck by an incoming Santa Fe train,
injurtng one Of his horses and breaking
his wagon TO pieces. 1t was said TO have
been very narrow escape for Mr.. Pill
kenton. The itenized statement Of dam
ages which he claims to have sustained
is as follows: Bodily injuries, $500; doc
tors bill, $50; wagon, SO; chicken and egg
boxes 81; one horse, $50; damage TO mar
ness, 50; can of coal oil, $3.50.
Mr.. Pnkenton, in his petition, states
that in being hit by the train and thrown
against the ties and rails he was greatly
and permanently injured and wounded
in the head, body, spine, back, chest,
arms and right hand and also in the
muscles ,nervs and lisaments Of the right
side, shoulders, arm and hip and is not
able TO do any manual labor on account
of the injuries received. The petitioner
states that it was the duty of the railroad
to nave stationed at the crossing flag
man to warn persons Of danger, but that
there was no flagman al the crossing.
1t IS further alleged that there was no
ringing of the bell nor blowing Of the
whistle, nor any signal whatever TO warn
persons Of the approach of the train. The
petitioner further alleges that the train
was running faster than five miles per
hour, the speed set down by the city or
dinances. The petition is drawn and filed
by Mr.. Pilkenton's attorneys, Adams &
Adams.
The second damage suit filed was that
of John Devore, a stock shipper, who
lives near Greenwich. This suit is
brought 10 collect damage for six head
of cattle which were frozen to death in
the stock yards of Newton last February,
and the amount sued for is 1851. Mr.. De-
vore's petition alleges that he made
shipment of 149 head of cattle from Film
wood 10 Wichita and instead of sending
the cattle direct to Wichita, as agreed in
the contract made with the local agent
at Ellinwood, the companys agents ship
ped them by way of Newton. At New
ton the cattle were unloaded and put into
the stock yards there over night against
his wishes and protest The stock yards
were unsheltered and the cattle were IN
protected from the big snow which fell
that night, from which exposure they
suffered greatly. The petition states that
had the cattle been shipped direct to
Wichita, as agreed, they would have ar
rived here the same day they were ship
ped, and on account of the excellent ar
arrangement and shelter of the Wichita
stock yards the stock would have been
safe from the storm and in good condition
to market