The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-04-18
ASKS FOR BIG DAMAGES.
Thomas ID. CIeary Suing seaboard
Air Line for $4,000.

Thomas b. cIeary Suing seaboard
Air Line for $4,000.
Thomas B. Cleary filed suit for $4,000
damages against the Seaboard Air
Line Railway in the City Court yes
terday. The plaintiff declares he has
received severe and permanent in
juries through the negligence of the
defendant and that he is entitled to
recover damages in the amount he
claims.
On August "A last the plaintiff was
an engineer in the employ of the de-
PENDANT. running between Savannah
and Hamlet, S. C. 1t was the desire
of his superiors in the service that he
should become familiar with another
division of the line and he was in
structed to board passenger engine
No. sos at Columbia and make the run
to Raleigh. N. c. He was not in
charge of the engine. but made the
trip in order to learn the track.
The engine, drawing a passenger
train, left Columbia shortly after
O'Clock on the evening of Aug. "a, and
while on its way to Raleigh ran into a
washout and was derailed. The acct
dent occurred in Chesterfield county,
South Carolina, about seven miles from
Cheraw.
The train was wrecked, the engine
was pitched over on it's side, and
Cleary was thrown violently to the
ground. The wreekage piled up on top
OF him and he sustained very serious
injuries.
He alleges that as a result of the
wreck he was seriously and very pain
fully injured in several parts of his
body, receiving many serious blows
and wounds, from which he suffered
great physical and mental anguish. So
serious were his injuries that he lay
unconscious from 1925 p. m. of Aug. "a
until 1915 p. m. of Aug. 26, was con-
fined to his bed for a period of eight
weeks, and has since been unable to
resume work of any kind or character.
Cleary further AYERS that as a direct
result of the wreck he received cuts
and blows upon both legs, a blow upon
his head and a blow or bruise upon his
left arm. which has resulted in paraly-
sis of that arm. From the shock of the
blows so received Cleary was ruptured.
He declares that his injuries are per-
manent in their nature, will always
impair his earning capacity and al
ways cause him pain and suffering. He
AYERS that at the time of the accident
he was 43 years old, was in perfect
health, was earning an average of $165
per month and had a reasonable ex-
pectancy of life of 25.71 years.
Various grounds of negligence on the
part of the company are set up in the
petition. 1t is declared that the track
at the scene of the accident was in a.
dangerous and unsafe condition and
was known to be in such condition by
the officials of the road. 1t is further
declared that the apparatus controlling
the electric headlight with which the
locomotive was fitted was out of repair
so that the headlight could not be
lighted. This defect was also known
to the officers of the road.
Cleary says he occupied his place on
the engine by the express orders of his
superiors and was himself entirely
without fault or negligence in the pre-
misses. He charges that the accident
was due to the negligence and careless
ness of the ocers and servants of the
company and asks that the company
be held responsible for it's results as to
him. The plaintiff is represented by
O'Connor, O'Byrne and Hartridge.