Daily Kennebec journal., 1902-11-10

A settlement has been effected in the
case of Caroline A. Sawtelle of Oak
land, administrative of the estate of
David o. Sawtelle, formerly of the
same town, against the Somerset Rail-
way, "a corporation duly organized
under the laws of the State and having
a place of business at Oakland. Mr..
Sawtelle. who was employed as road
master by the company, was killed
while at work.
The damages were placed at $4,000
but it is understood that 5000 was ac-
cepted in settlement. Sheldon & Saw
telle of Augusta. appeared for the ad-
ministratriX and Hon. William r.
Haines of Waterville, for the railroad
company.
The writ alleges that 'the Somerset
Railway on the twenty-fourth day of
August, A. D., 1900, was the possessor,
owner and operator of a line of rail-
road from said Oakland to Bingham in
the county of Somerset known as the
Somerset Railway together with the
side-tracks thereof, connected there
with, operating and moving cars and
locomotives thereon by steam, engaged
in business as common carrier, also
engaged in interstate commerce.; said
corporation being engaged in said busi-
ness on said twenty-fourth day of Au-
gust, A. ID. 1900 and prior and subse-
quent thereto; that said defendant on
said date was in duty bound to provide
and furnish for use and to use and op-
crate on it's said lines in it's said busi-
ness and i'm connection Herewith such
cars and locomotives with such ap-
paratus and equipments as would be
suitable and safe for the purpose OF
it's said business; that the corporation
on said date was in duty bound to pro-
vide said cars and locomotives with
such breaks and couplers as would not
be dangerous for use and operation by
persons employed by said corporation
in operating. breaking, coupling oI
using or working on said ears or loco
motives or both. or about the same and
that said corporation was i'm duty
bound to provide and use and cause
to be provided and used such appara-
tus, brakes and couplers on said cars
and locomotives and on any and all
of them as would be suitable and safe
for you by the persons employed by
said corporation in operating and rum
ming said cars and locomotives.
That the said David o. Sawtelle. de-
ceased the plaintiffs intestate, was on
said August twenty-fOurth. A. ID. 1900
an employe of said corporation and was
as such employe on said date at work
for said corporation on one of the said
lines operating one of it's trains COM
ne fat py.s
and a saloon or caboose, said train be-
ing a gravel train, said gravel train
operating on said line or lines of said
corporation in Madison in said Son.
crset county on or in the vicinity there
of. that said intestate as such employe
was acting as road master and that
on said date it was his duty as n part
of his employment to couple and un-
couple said cars and that then and
there while engaged in the uncoupling
of said cars said David o. Sawtelle was
killed and that the cause of his death
was the unsafe, unsuitable and dan
gerous couplers of said cars operated
and used by said defendant, or said
cars uncoupled by said PLAINTIFFS in
testate i'm the performance of his duty
as said employe of said defendant.
! "That it was not part of David o
Sawtelle's duty to furnish or equfr
said cars with safe and suitable coup
lers and that said David Q. Sawtellt
was in the exercise of ordinary, care
in all respects while using said coup
lers and that the defendant well knew
then and there that said couplers were
unsafe, unsuitable and dangerous and
had known it for n long time prior tC
said date and knew it on said date
that said couplers consisted of a link
and pins, whereas the law required
automatic couplers in the place there
of.
"And said plaintiff AYERS that the
death of her intestate as aforesaid
was caused by the wrongful act, neg
llect and default of said corporation
And whereby by force Of the statute
in such case made and provided and
by force of the premises the said cor
poration, the defendant. became liable
for damages not exceeding the sum OF
five thousand dollars to be recovered
by an action in the name or persona
. -