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

Actual and SO. 900 Prinlitiv Dam
age Asked fOr-Case VIII be Tried
ut April Term of Court.
One of the largest suits ever brought
in New Hanover county will come UP
at the term Of superior court to be
held in April, for the trial of civil
cases, when Mr.. J.. D. Bowen will
bring action against the SeabOard Air
Line for $4,000, divided between actual
and punitive damages.
The suit grows out Of the wreck
which occurred on the Seaboard near
Hamlet last July, in which Captain
Bowen, who was conductor on one oft
the trains, was badly injured, the in
juries being permanent he claims.
The complaint in the case has been
filed in the office Of the clerk Of the
court here.
The first three sections allege facts
that will be admitted, that the S. A.
l.. is a duly organized corporation do
ing business in the state Of North Car
DINA; that at the time of the wreck,
the plaintiff was in the employ of the
company; and that on the same day,
the defendant company was operating
another of it's trains, on the line of
railway between Charlotte and Will
mingtOn, known rs No. 80, running in
W sections. g..
The complaint then alleges:
Fourth. That On the 22nd day of
July, A. D. 1906 at about $40 D. m.
the plaintiff, who was conductor and
in charge Of train No. "a, and running
on the line of railway of the defendant
company towards the town Of Hamlet,
North Carolina, and %thereupon it
became and was the duty of the defen-
dant, safely then and there to guard
the plaintiff against all accident, and
exercise great care in directing, pro-
polling, operating and maintaining the
said train, in which the plaintiff was
so that the said train would
pass safely over it's said line of rail-
way, to wit: from the town of Rock
ingham, North Carolina, to the town
Of Hamlet, North Carolina, and SO
direct, manage, control, maintain and
operate its said line Of railway mat
the trains running thereon towit, on
the defendant railway between said
above mentioned towns, would not be
brought into collision with each other
while running back and forth, over
and along said line of railway afore-
said. And it also became and was
duty of the said defendant to en-
ploy careful, skillful, competent, pru-
dent and sober agents and servants to
handle, control, direct, manage and
operate it's trains running on and along
its a line OF railway and to 70 direct,
manage and control the movement and
operation of it's said trains, that they
not collide with n in any man
ner interfere with each other while
running on, over and along said line
Of railway, and particularly so that the
train Of which the plaintiff vas con
ductor, would not ne brought into col
lisiOn with any other trains propelled
Or driven on its said railway in an
opposite direction or otherwise.
Fifth. That the said defendant did
not regard it's said duties but on the
contrary thereof, wrongfully, negli-
willfully, wantonly and care
Iessly ~disregarded the same, in this,
towit: that it did not then and there
safely carry and convey sad plaintiff
from the town of Rockingham, North
Carolina, 10 the town of Hamler, North
and it failed to exercise due
care in operating, %prOpelling, directing. |
managing and maintaining said train
IF which the plaintiff was conductor, SC |
it would pass safely over said
line Of railway aforesaid; that it did
not so direct, manage, control, main
,aln and operate its said line Of rail
way as to avoid I collision between |
he trains running back and forth. !
hat it did not emp:Cy careful, COM |
skillful, prudent and sober ser
'ants and agents to handle, control,
lirect, manage AMI operate its train |
'unning on, V g and upon the said line |
II railway; and TAI ed To SO direct, |
manage and control the movement and !
operation of its said trains, so that |
hey would not collide with each other, |
particularly 50 that the train of /
which the plaiatif was conductor !
would not collide with any other train |
# said defendant. being propelled or |
over said line of railway in an |
opposite direction or otherwise.
Sixth. That as The train in which |
he plaintiff was conduc.o" was being |
propelled and driven along said line
# railway from the town of Rocking
ham towards the town OF Hamlet, !.
aforesaid, when it had reached a Ger
ain point between the towc OF Rock
agham and the tawn of Hamlet, to- !
about one and one-haff G. 1-21 |
from the town of Ham;rt, the |
defendant, by its servants and agents, |