The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-05-29
FOR HER HUSBANDS DEATH.
WIDOW OF BENJAMIN F. GREENE
SUES THE r. c. d p. COMPANY.

Her Husband Was Engineer of a
Train Tint Fell Through a 1restie
i'm FIorida-He Met His Death in
the Accident while Mt His Post OF
Uutv-Et Ia Averred That the Acct
dent WINS Due to the Careless and
Negligent Construction of the
TrestIe and That the Engineer
was without Fault-His Widow
Now wants s23 900 in Damages for
His Death.
Kate S. Greene flied suit insthe Superior
Court yesterday against the Florida Cen
trail and Peninsuiar Railroad Company Tor
$1,000 damages. The plaintiff is the wid-
ow of Benjamin f. Greene, who met his
death while in the employ Of the compa-
nv, and it is damages for his death for
which she is suing.
The petition recites that shortly after
midnight, on the night of April IL, Greene
was the engineer of a mixed freight and
passenger train running between Jackson
willie and Tampa. Florida, over the line Of
the defendant company. mile south OF
Orange Heights, a station on the line, the
train was precipitated through trestlc,
which gave way beneath It, and Greene
was killed.
1t is alleged that the accident and the
resulting death of the plaintiffs husband
were due to the grossly careless, Negligent
and unskilful manner in which the trestle
and its approaches had been constructed
by the defendant, a manner of construc-
ton which rendered the passage of the
trestle dangerous, and which would have
been condemned by any one skilled in such
matters.
Iustancing the faults of the construction,
the petition says that the trestle, which
was about ten feet high was upheld by
bents. instead Of by piling, which latter
should have been used. 1t was well
known fact, 1t is alleged, that at certain
times ana seasons, the streams in that To-
cality would rise very rapidly and that
when they had so risen the trestle sup
ports were likely to be washed away.
More than this. the approaches to the
trestle were marked by high banks of loose
been necessary to construct abutments TO
support the ends of the structure. 1t is
eald that these abutments consisted simp-
ly OF pieces of timber piled the one upon
the other. and most insecurity fastened to-
gether. The trestIe and the abutments
gerous. and the whole construction negli-
gent in the last degree. Had the defend
ant exercised reasonable and proper care
and diligence in the construction of the
trestle. and its repair, when repairs were
needed and demanded by its condition. it
is alleged the accident could never have
occurred.
At the time of the accident, says the
plaintiffs petition, the engineer, her hus-
band. was at his post of duty. He was
acting with all due and proper caution.
care and vigilance, taking every fes sibie
measure OF safety for the train and its
passengers and crew and for himself, and
was wholly without fault in the matter.
AT the time OF his death ne was SO years
old ana had a Ieasonab bic expectancy of
life Of 311z years. he was making at The
time 500 per month and for the two years
preceding his death had averaged $50 per
month. The suit is for the value OF his Life
TO the petitioner and she considers that
under the circumstances damages in the
sum OF S25O0 are not excessive. The
plaintiff IS represented by Mr.. C. T. Lad
son. OF Atlanta. The suit is brought in
this county because the principal Office of
the company in This state is located here