The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-01-22

wrongfully, c~arelessly, wantonly and
regligently and With an utte- disregard
for human life then and rarTe so i'm
properly, willfully, Tecklessly. careless
ly, ~headlessly, wa1tonly and negligent
ly drove, propelled, directed. operated
and managed the mains l:'nning each
way on and along its said line Of rail-
way, that a collision occurred between
a train Of the defendant running 70
wards the town Of Rockingham and the
defendants train OF which the plain
tiff was conductor running towards the
town of Hamlet. That BY IeaS)n Of
said collision said trains were badly
wrecked and a aged, and between
twenty-five and thirty persons kIlled.
and between thirty and forty passen-
gers injured. and the plaintiff without
fault or negligence on his part, while
in h discharge of his duties as on
ductor, and exercising due care and
caution. was violently thrown 10 the
floor of the car in which he was rid
ing, and was then and there seriously,
permanently injured, and did then and
there suffer serious and permanent in
jury TO his head. arm, ribs. spine, hips,
ack and kidneys and did then and
there suffer a serious and permanent
rupture of the tissues in the region of
the kidneys and did then and there re-
celve serious and permanent injury TO
his hip, hip-jOint, pelviS and head, and
was then and there otherwise perma-
nently injured, and was then and there
greatly bruised. hurt, and wounded.
and became sick, sore and lame, and
SO remained and continued Tor d
long space of time towit: abou. six
months hitherto, and the plaintiff has
ever since suffered great physical pain
and injury, and has undergone mental
anguish n nervous prOstratiOn. and
was confined to his bed and house for
a long space of time, tOwit: three
months, and has peer fore d to use
crutches ever since, and was compelled
to lay out and expend for medical SER
vices, medicines, surgical appliances
large sums OF money, tOwit: --
- dollars, and has ever since
been unable to perform and transact
his lawful affairs and business. And
the plaintiff alleges that by reason of
the premises he is permanently injured
and disabled, and tha+ by reason of
said losses and injuries resulting from
the aforesaid act Of negligence and
wrong-doing on the part of the defen-
dant, the plaintiff suffered great dam
age to the amount of twenty-five thou
sand $(25,O .OO) dollars.
Seventh. That by reason Of the de-
PENDANTS willful and gross negligence
and it's wanton disregard of the rights
of the plaintiff, the plaintiff has suffer
ed punitive damage to the amount of
twenty-five thousand ($25, 900 O) dol
lars.
Wherefore, the plaintiff prays judg-
ment against the defendant for the
sum of fifty thousand $50, 600 0) dol
lars damages: Twenty-Five thousand
$25, 0OO. 00O) dollars actual damages,
and twenty-five thousand $685. 900. O0)
punitive damages.
Second. For the costs of this action.
And third, for such other and further
as to the court shall seem meet
and proper.
The suit will no doubt be a hard
fought one, as both sides are repreSen-
by able lawyers. Herbert McClam-
my, Esq, will apear for the plaintiff
and Bellamy& Bellamy for the defen-
dants.
III Dx,C,r IN 0AEnHrE