Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-07
BRING MANY SUITS
BENTON COUNTY VICTIMS OF
ROCK ISLAND WRECK WANT
DAMAGES.
FIVE CASES COMMENCED
IN COURT AT VlNToN
Damages of $4,000 Claimed For Death
of Mrs. Mary A. Lyman - Others
Among the Injured Seek to Collect
Various Sums From Railroad Com
pany-Other Iowa News.

! Railroad Company having failed to set
tie damages because of the wreck of
one of its trains between Green Noun
! tain and Glad brook last March at
torneys of this city have brought a
/ number of suits in the present term of
| the district court for their clients. Vim
| ton was extremely unfortunate in that
horrible accident, a number of her cit
| liens being victims. Two or three We're
! killed and a number injured.
/ One suit is brought on behalf of B.
G.. Lyman. executor of the estate of
his wife. Mrs. Mary \. Lyman, who
was killed in that wreck Other suits
are for Frank Stearns, Olga A. Swan
| son, George w. DoWney, and George w
Thompson for varying amounts.
While the suits are entered for this
term il is not likely that any of them
(, will be tried as this is the appearance
term.
The Lyman petition states that on
or about the 21st day of March 1910,
/ one Mary A. Lyman entered into a
| contract with defendant company Cine
Rock Island Railroad Company by the
! terms of which defendant company in
consideration of 1912 sold and deliv-
from Cedar Rapids to Albert Lea,
| MINI.
Coach Said to Have Been Rotten.
The petition then cites that on ac-
! count of obstruction on its own line
of track between Cedar Rapids and
Vinton the defendant ran its train
/ to Marshalltown over the Chicago d
= Northwestern and started to further
run said train from Marshalltown,
TO Waterloo over the tracks of
/ The Chicago. Great Western. The petit
! ton then cites that the coach In
| which the said Mary A. Lyman was
riding as a passenger. was an old, in
firm and wooden coach; that the COM
pany had consolidated its trains in
! such a manner that the said old, in
| firm and wooden coach in which the
! said Mary \. Lyman was passenger
was placed between two very large
and heavy engines on the one side
and seven or eight large and heavy
! steel coaches and sleeping cars on
the other end that the train left the
track on which it was running and
was thrown from said track and
! across the roadbed and the train was
wrecked. The coach in which Mary
A Lyman was riding was telescoped
and demolished and the said Mary A
Lyman was then and there so greatly
injured that soon thereafter and on the
said 21st day of March, she died.
The petition goes on to cite that the
train was run at a very high and dam
gerous rate of speed between Green
Mountain and Gladbrook. The petition
also cites that the death of Mary y.
LYMAN was due to the carelessness and
negligence of the defendant railroad
in that it had consolidated two passen-
ger trains placing the old coach be-
tween the heavy coaches.
The petition also cites that by reason
Of the death of the said Mary A. Ly-
man the estate of the said Mary A. Ly
man has suffered damages in the sum
of $4,000 and judgment is asked for
that amount.
Other Petitions.
For injuries received i'll the same
wreck George w. Thompson thru his
attorney, NJ J. Tobin, asks for s5,114.50.
After citing the wrecking of the train,
plaintiff says: That by reason of the
facts aforesaid plaintiff has suffered
damages as follows: has suffered great
physical pain and mental anguish and
has become and is permanently injured
and dishgured; THAT he has lost val
liable time and will lose more in the
future. The plaintiff also cites that he
lost property the value of which is
s116.5O."
Mr. Tobin has also brought suit for
George Downey who was in the same
wreck and asks for $3.50. He suffered
the following injuries: Crushing the
right foot and ankle, bruising and in
juring the left foot and leg and suffer-
ed from great physical, nervous and
mental shock
In the case Of olga Swanson injured
in the same wreck. Mr.. Tobin asks for
s7,725.50 The same state of facts is
cited as in the other petitions. The
plaintiff claims she has suffered great
physical pain ard mental anguish; has
become and is permanently injured and
disfgured and is constantly in fear of
losing her life.
For Frank Staarns who was injured
in the same wreck, Mr.. Tobin asks for
$500 Mr. Stearns also claims TO be
permanently injured and disfigured
The same state of facts is cited as to
the cause of the wreck