Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-10-09
WANTS $4,000 DAMAGES.

Mrs. Dorothy H. Brickman, widow o1
Mr.. Henry C. Brickman, who was kill
ed in the Fishing creek trestle disaster
on September last, Is suing the South.
ern railroad for $4,000 damages. Hel
complaint was filed in the office Of the
clerk of the court for York county or
last Wednesday, by Messrs. Legare &
Holman of Charleston. The text Of it
exclusive Of the caption, Is as follows:
The plaintiff above named, complain.
ing of the defendant, alleges:
First. That the Southern railway
South Carolina division, Is now, anc
was at the time hereinbefore mention.
ed, corporation duly chartered under
the laws of the state Of South Carolina;
having been organized under an agree.
ment of consolidation or merger. be-
tween the Asheville and Spartanburs
Railroad company, the South Caroline
and Georgia Railroad company, the
South Carolina and Georgia Extension
Railroad company and the Caroline
Midland Railway company, as allowed
by the act of the general assembly ol
South Carolina.
Second. That the Southern Railway
company Is now, and was at the times
hereinafter mentioned, a corporation
duly organized and chartered by anc
under the laws Of the state Of Virginia
and is now, and was at such times op-
Grating the Southern railway-Carolins
division, under and by virtue Of a lease
thereof, allowed and sanctioned by ar
act of the general assembly Of the
state of South Carolina.
Third. That Henry c. Brickman de-
parted this life intestate, on the Sd day
of September, A. D., 1903, leaving as
his heirs and distributes at law, his
wife, the said Dorothy H. Brickman
and the following named children, to-
wit: B. P. Brickman, George II. Brick
man, A. M. Brickman, Ethel Brtckmar
and VIM. H. Brickman.
Fourth That heretofore, on the Isl
day of October, A. D., 1903, the sait
Dorothy H. Brickman was by an order
and determination Of the probate court
for Charleston county, duly appointed
Henry c. Brickman, deceased, and Is
now the duly and legally qualified ad-
ministratrix of said deceased.
Fifth. That the said Henry G
Brickman came to his death on the 80
day of September, A. D., 1903, by and
through the wrongful act, neglect and
default Of the defendants above named
and hereinafter more particularly Sc,
forth, and this action Is brought by
and in the name Of the Administrative
Of the said deceased, for the benefit OF
his said wife and children, as allowed
by the statute of said state Of South
Carolina in such cases made and pro-
vided.
Sixth. That heretofore, on the Sd
day Of September, A. D., 1908, the said
~ Dat IT, hn
ment of the defendants above named
as engineer, and on said day was in
charge of and operating locomotive
Of the defendants, drawing one Of It's
passenger trains, operated over the line
of road known as the South Carolina
and Georgia Railroad Extension COM
pany, as aforesaid, between Camden
S. c., and Blacksburg,' in the county OF
York in the said state.
Seventh. That heretofore, on the Sd
day of September, A. D., 1903, when
the locomotive and cars so operated as
aforesaid, reached a point on the line
Of the defendants road, on a trestle
constructed over Fishing creek, in the
county of York, the said trestle gave
way and the locomotive so operated
by said Henry c. Brickman, together
with the coaches attached to same
"SlC pl plCSlpltSilSd INV lhS oSPSAA bSAS
and in consequence thereof, the said
Henry G. Brickman was crushed and
mangled and otherwise injured; that
he then and there died from the ef-
fects thereof.
Eighth. That the said Henry c.
Brickman came to his death in the
same manner and by the means afore-
said, caused by and through the negli-
gent, wanton, willful and reckless acts
and conduct of the defendants in pro-
viding. maintaining and keeping over
the said Fishing creek, on the line OF
it's said road, an unsafe and defective
trestle, in that the timbers were rotten
and decayed, and insufficient to sup
port the weight Of the said locomotive
and cars and in consequence thereof,
the same was precipitated into the said
creek, thereby causing the immediate
death of the said Henry c. Brickman,
as aforesaid.
Ninth. That the said Henry G.
Brickman was forty years of age, and
by reason Of his death the parties, for
whose benefit this action is brought,
have been deprived of his support, and
have been greatly wounded and dis
tresSed in their feelings to the dana Ee
of seventy-five thousand (s75,000) dol
lars.
Wherefore the plaintiff prays judg-
ment against the defendants for the
sum of seventy-fiVe thousand (S75,000)