The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-15
$4,000 FOR LOSS OF HIS LEGS
GEORGE A. FLAGG SUING THE f., c.
&P. RAILWAY FOR DAMAGES.

Last November, While Serving as
FIagman on n Train in Florida, He
Was Run over by Two Cars-BOth
of His Legs Were Terribly MangIed
and Both Had to Be Ampufated.
Thus Mutilated and DisfiGured, At
ter Suffering Intense Physical Pain
and Mental Anguish, With His
Earning Capacity Almost Destroy
ed, FIagg Brings the Biggest DAM
age Suit of the Year.
George A. Flagg of Atlanta, has filed
suit for damages for personal injuries
against the Florida Central and Peninsu-
lar Railroad in the Superior Court here.
The suit is for $4,000. larger amount
than that of any damage suit filed in sew
eral years in the courts of this county.
The plaintiff alleges that through the
carelessness and negligence of the COM
pany, he suffered an accident as the di-
rect consequence of which both of mis-
legs had to be amputated, the one above
the other just below the knee. He consid-
ers damages in the sum OF. $35, Qo9, not more
than reasonably adequate compensation
The petition recites that on Nov. %, 1899.
he was a Aagman in the employ of the
railway company. working on a mixed
freight and passenger train running from
Jacksonville to Tampa When the train
arrived at Baldwin, the conductor, who
was, under the rules of the company, in
control of the trains operation, and whose
orders Flagg and other members of the
crew were bound to obey, instructed
Flagg and the front brakeman to have
the train back down the main line and
10 fire rlN.H. o on
track. The conductor especially impressed
upon Flagg and the brakeman that, as
the first of the cars was bound for Tampa,
the engine must be coupled to it, so that
it would not be necessary to uncouple
this GER, while leaving other cars at way
stations along the line.
Flagg walked over to the two cars that
were to be coupled to the train and I'M
coupled them from the string of other
cars to which they were attached. In
the meantime the brakeman uncoupled
the engine and one car from the train
and the engine and car were run out on
the main line and backed INTO the two
cars that Flagg had previously prepared
for being attached to the train, the front
brakeman coupling or attempting to cou-
pie them together
Flagg then called to the brakeman. re-
mnding him of the conductors orders
that the two cars should be placed next
to the engine, and directed him to carry
these orders out. The two cars were then
pulled by the engine, with the one car
from the original train, a distance Of
about sixty feet and stopped, while Flagg
was still engaged in the performance of
his other duties. The engine and one car
left the two and ran out a shore distance
away and also stopped.
It was then the duty of Flagg to take
the seals, numbers and initials of the two
cars, and he set about this part of his
work. He had taken the seals. numbers
and initials of the first car and was en-
deavoring to get the same information as
to the second, when the accident occur
red The marks on the car Were worn
and rather illegible and he stepped to the
back of the car for the purpose of getting
a closer look at them
While he was looking up at the letters
and figures on the rear of the car and
was standing on the track some distance
away from it for this purpose, The engine
and one car were backed swiftly and sud
denly down upon the two, running into
them with dangerous speed. So sudden and
swift was the impact, that before Flagg
c uld jump from the track and, indeed,
even before he was fully aware Of the
CANCER in which he stood, the cars ran
upon and over him, managing both Of
his legs under the wheels. Both had to
be amputated that night, one above the
Knee ard the other few inches below the
knee.
The petition contains also a number of
averments as to the alleged negligence
and recklessness of the company's agents.
chief among which is the contention that
the entire proceeding was contrary to the
express orders OF the conductor given to
F!sgg ard the brake man in the first in
stance which if they had been changed
at all. had not been to his knowledge. 1t
is further charged hat if the engine and
car had teen rolled up against the two
cars, slowly as was usual and proper I'M
Ger the circumstances and in accordance
with the c1mpauys positive rule on the
subject the cars would not have been
moved hack, If, at all, more than a few
inches. would not have reached the spot
on which Flagg was standing and the ac-
eidert would have been averted.
There follows a quotation from the Flor
ida laws where the accident occurred, in
reference 10 the liability of railway com
panies for personal injuries to employees
and others The law of Florida is prac-
tically identical with that of this state
on this subject and when such injuries
have been caused places upon the company
The presumption Of negligence, which 1t
must disprove TO avoid a recovery by the
plaintiff in a suit for damages brought
against it,
The petitioner shows that during his life
time he has been employed at salaries
ranging from SIS to 500 per month and
thar at the time of the accident he was
SO years old and had a reasonable expec-
fancy of life of thirty-two years. His
earning capacity has been almost com
pletely destroyed. For all of which rea-
sons he asks damages in the sum Of
$35 coo. The plaintiff is represented by Mr.
c. I. Ladson of Atlanta. The suit is
brought here because the principal place
of business of the company in this state
is located here.
"Persevere and prosper" If you take
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