The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-07-03
SUES RAILROAD
FOR $4,000
William Curry Asks Damages
of Rock Island.
INJURED AT WATONGA, 0. 7.
Brought to St. Francis Hos
pitaI for Treatment.

A suit for $4,000 damages against tbs
Chicago. Rock Island and Pacific rail
road was filed in the district court Of
sedgwick county yesterday afternoon.
The man claiming damages TO this
amount is William Curry. at the present
time in st. Francis hospital in this city,
where he was taken over month ago
to have his injuries treated. He is a
middle aged man and q native Of Maine
The amount in this case is unusually
large and the causes for asking for 50
much are a little out of the ordinary.
The accident which caused Curry to be-
come disabled and the treatment he is
alleged to have received at the hands
Of the railroads surgeons is made basia
for bringing the action.
The petition alleges that the accident
happened down in the Rock Island yard
at Watonga, Blaine county. Oklahoma
Territory. about May p. Curry wa+
working in the ''steel gang" Of the Rock
Island Railroad company. The steel
gang was on the train tkat was to carry
it TO the next stop. 1t was composed
Of three empty cars that were nearest
the engine, a cabOose next and four
loaded cars farthest from the engine,
which was pushing the cars before it
onto the main track On the main track
were a number of loaded cars, with the
brakes set, forming an immovable OBJ
.stf'uction Curry was sitting on the
steps of the caboose farthest from the
engine, with the four loaded cars right
ahead of him. The petition alleges
that the conductor and brakeman OF
the train saw the obstruction ahead and
realizing the great danger of the speed
ing train running into the obstruction.
signalled the engineer to stop, but that
he either did not heed the signal or did
not see it.
When the train ran into the loaded
cars on the main track the concussion
smashed the drawheads that connected
the caboose and the car ahead and to
tally wrecked the platform on which
Curry was standing He is alleged to
have been caught between the two cars
and crushed His leg was broken, alsu
his arm. He received internal injuries,
too. it is alleged. He retained conscious
ness through it all and as soon as the
tension between the two cars had re-
Taxed he threw himself out to keep from
under the wheels.
On this date, May q, the Rock Isl
and Railroad company is alleged to have
undertaken to care for him and his in
juries yet the defendant or railroad
then and there so negligently and care
lessly and unskillfully behaved and gov
erned themselves in and about the care
OF said plaintiff" and that by and
through the neglect, carelessness, de-
fault and unsknfullness of the physi
clans and surgeons so employed by the
said defendant and also by the gross
neglect and inattention of the said de-
PENDANTS servants and employees in not
measuring and thoroughly treating the
leg of said plaintiff, the bones of the
leg were allowed 10 override and over
lap and his left leg became shortened
and diseased and is left uncured, and
the health of said plaintiff became in
jured greatly, weakened and reduced,
and viii ever so remain"
Finally the plaintiff says that he was
injured as stated through the various
acts Of negligence of the railway. both
omission and commission, and wherefore
prays judgment against the Rock Isl
and Railroad company for $4,000 and
the costs of the suit
Attorneys for Curry are Matson, Keith
& Matson. Mr.. Keith says that whel,
Curry was brought here to the hospital
by the company his leg had to be broker,
again and reset.