Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-21
Administrator Barnes Brings
Nine, Aggregating Damages
in the Sum of 100000
GROSS NEGLIGENCE is ALLEGED
Chicago, Milwaukee & ST. Paul Railway
Company Made Defendant in Damage
Suits for Rhodes Wreck Victims
Administrator Wants $4,000 for Each
Death-copy of Petition Filed.

The long-expected suits for damages,
resulting from the terrible wreck on the
Milwaukee railroad near Rhodes on the
afternoon OF Aug. 6, in which thirteen
men We're killed and forty others in
jured, have been filed in the superior
court at Cedar Rapids by Mr.. Don
Barnes. the administrator appointed at
the October term of the Marshall coun-
ty district court. Nine decedents are
represented by the administrator, and
damages in the sum of $4,000 are
asked for each. The petitions are filed
for the December term.
The decedents represented by Adj
ministrator Barnes are Thomas Casey.
Patrick Sullivan. Henry Jackson, l..
bingham, John Allen, Michael DOYLE,
Michael Flynn, Franllk Ray and Rich
ard Roe, the latter being a name as
sumed, because of the fact that the dead
man was unknown and so badly MAN.
gled that he could not be recognized.
A copy of the petitions, in which De-
cedent Casey's estate is used, is as fol-
lows, the others being similar with the
exception that the name and personal
description are altered to suit the
facts:
State of Iowa, Linn county, IS: In
the Superior court of the city of Cedar
Rapids, Iowa Don Barnes, admins
TRAITOR of the estate of Tom Casey, de-
ceased plaintiff VS.. Chicago, Milwaukee
& St Paul Railway Company. defend
ant December term A. D., 1909.
Plaintiff for cause of action states:
"That he Is the duly appointed, quail
flied and acting administrator of the
estate of Tom Casey. deceased.
.sThat the defendant is railway cor
poration organized under the laws of
the state of Wisconsin. and is and has
been for many years past engaged in
the operation of its line of railway
across the state of Iowa, and among
others thru the counties of Linn and
Marshall in said state OF Iowa
THAT on or about the 9th day of Au-
gust, A. D., 1902, plaintiffs decedent
was a passenger on one of the trains of
said defendant railway company, hav-
ing taken passage on said train at
Rhodes, Marshall county, Iowa. for the
purpose of going to a point several
miles west of Rhodes, in said county.
"That at the time said decedent
boarded said train. and up to the time
of his death, as hereinafter stated. said
decedent was in the employ of said de-
PENDANT, and the train on which he took
passage was one commonly known as
work train, which was used and kept
by said defendant for the purpose OF
carrying plaintiffs decedent and other
of defendant to and from
their work.
"That while plaintiffs decedent was
riding on said train, as above stated,
and while said train was travelling at a
very rapid rate of speed the said de-
PENDANT, and it's officers and employees
so carelessly and negligently operated
said train, and another train operated
by defendant upon the same track in
the opposite direction as to cause said
trains to come into a head end colli-
sion. That by reason of said collision
and said earelessnesS and negligence
of defendant and its officers and en-
ployes in causing the same plaintiffs
intestate, Tom Casey. was SO violently
in his person as to cause his death al
most instantly. That plaintiff decedent,
at the time of his death, was man OF
about 81 years of age. was able bodied,
strong and in good health; was capable
OF and actually earning the sum OF from
$1.75 to s275 per day for his personal
services; and was man of good habits,
economical and of a saving disposition,
and was capable Of accommodating large
sums of money by the application of his
strength and abilities
That said decedent was not guilty of
any fault or negligence on his part In
any manner contributing to his said in
juries or death. That by reason of the
death of said decedent, caused by the
fault and negligence of defendant, as
herein stated, the estate of decedent
has been damaged in the sum OF ten
thousand dollars (s1o,0oo) all of which
is plaintiffs property. due and unpaid.
Wherefore plaintiff asks Judgment
against the defendant for the sum of
ten thousand dollars (S10,000) and the
costs Of this action.