Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-11-08
ASK DAMAGES

PACIFIC WRECK AT JAMES,
TOWN BEGIN SUIT FOR DAM
AGES.
Damages suits aggregating $44, 900
have been brought against the North
ern Pacific railway by four of the men
injured in the horrible wreck in the
yards at jamestown September eth,
when seven men were killed and sew
eral others injured. Their anne and
amount of damages asked are:
r.. Y. Long .. =. .~ . :. :. 5 20.!uD
Louis Hammond. :. . :. :. 2O,Oau
Paul c. Knak. :. .. :. :. 1000
Charles Steinert. -. 1000
Long had his right foot crushed and
was permanently injured about the
back; Hammond was badly bruised and
MANNED and had his right leg crushed;
Knak was thrown from the car and
permanently injured; Steinert suffered
similar injuries to those of Knak.
L. Hammond alleges he went upon
the train at LaMoure for the purpose
of taking passage to Jamest own "and
by direction of the brakeman and with
the consent and approval of the con-
ductor of said train, took his place
upon a freight or flat car in the for
ward part thereof. While in said fiat
car a short time thereafter, the said
brakeman came to plaintiff and de-
nlanded of him the sum IF fifty cents
as fare Or passage money lot re car
rage of plaintiff from LaMoure to
jamestown. The conductor of said
train was. present at the time said de-
mand was made and in his presence
the plaintiff paid to said brakeman the
SUM of fifty cents demanded of him."
E. c. Long alleges the same. G. Stein
ert alleges he applied to the conduc-
tor for passage from Cakes to James
town and was by the conductor "di-
rected to go upon a freight car in the
forward part of the train" This con-
versation took place in the passenger
coach and shortly afterward in the
coach a brakeman came to him and
demanded so cents as fare, which was
paid. P. G. Knak alleges the same as
Steinert.
All allege that the "safe, customary
and usual place for said flat car" upon
which the sixteen men rode, twas at
the rear end of said train, back of all
box cars and loaded cars of every kind,
and in front only of the passenger
coaches; but on said day the conduc-
tor and brakemen of said train negli-
gently, willfully and recklessly caused
the fiat a to be placed in said train
as second back from the engine and
tender, with a heavily loaded box car
in front of it and sever loaded box
cars and two passenger coaches be-
hind it."
It is also alleged that the light eon-
%struction of the flat car, it's unsafe
place in the train, and the fact that
the men we're riding upon it and in a
perilous position was known at all
times to the engineer, conductor and
brakemen of the train but none Of
them warned the plaintiffs of the
danger to which they were exposed.
This, it is claimed, was gross and will
full negligence recklessness and disre-
gard of injury to plaintiffs because the
air brakes were out of order and could
not be made to work, and the sand box
entirely empty of sand long before the
city was reached. The rails were
slippery with dew ait 8 a. m. when
Jamestown was approached, a road
engine was standing on the Valley
trains track, the train approached at
a high rate of speed, the engineer had
10 control over the train, did not give
the proper signals and the collision re-
suited. For which injuries sustained
damages are asked. w.. y
g 20 t' 'Es- 4Esa IHtAs - ~ H. -T