The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-09-19
JUDGMENT FOR
S2,703 IS GIVEN
AGAINST |. & n.
JURY RENDERS VERDICT FOR
THIS AMOUNT IN SUIT OF NAL
LORY j. ALLEN AGAINST RAIL
ROAD.

Attorneys representing Mallory J.
Allen, a switchman, who brought suit
under the employers liability act in
the court Of record to recover $4,000
from the Louisville & Nashville Rail
road Company for personal injuries,
yesterday said the reason they brought
separate suits in behalf Of the plaintiff,
who has also received money from the
Pensacola Electric Company for the
Identical injuries. was TO build a fence
around the L. & n. that would be hog
tight and bull strong" The jury rem
dered verdict in favor of Allen, and
placed the amount of DANA ges at S2,-
783 with eight per cent interest from
date of suit. Allen was represented
by John P Stokes and r. Pope Reese,
while the attorneys for the L. & n
were A. c. and Clement Blount, Of the
law firm of Blount & Blount & Carter.
Allen was knocked from the ton of
box car in the night time last Septern-
ter by a trolley wire of the Pensacola
Electric Company at the intersection
of Alcaniz and Gregory streets. which
struck him a little above the waist
line. He was burned on the hands by
electricity and rendered unconscious
from the blow when he struck the
pavement and received an injury TO
his leg which DR.. Hill, of Mont gomery,
who operated on Allen in that city,
said would be permanent. HIS eve
sight, 1t is claimed, has been rendered
defective from the injury. His attor-
neys brought suit for damages. based
on the claim that the street car COM
rany was at fault for allowing the
wire to be pla ced at such a low dis
lance from the ground, but the case
did not come to trial in the circuit
court, as the Pensacola Electric Com
pany, on advice of their attorneys,
COMPROMISED the matter and gave AL
len $3.50.
The suit against the l. & n. was
tried in the court of record yesterday,
consuming the entire day and contin-
uing up to a little after o'clock last
night. Attorneys for Allen held that
the L. & n. was negligent in the mat
ter of affording protection against in
jury to it's employees by allowing ths
trolley wire to be placed so near the
top Of the cars. 1t was brought out in
the evidence that the wire had been at
the same height that it was when it
struck Allen for more than Ave years.
When Allen accepted payment from
the Pensacola Electric Company, the
signed agreement between him and the
street car company said he reserved
the right to sue the L. & N. to recover
damages for the same accident.
According to the evidence after AL
len had made three or four visits to
the Office of the attorneys for the L.
& N, seeking money, he was given a
voucher by Judge A. G. Blount, which
was addressed to E. 0. Saltmarsh,
superintendent of the L. & N, calling
for SIS and also containing a clause
which released the railroad company
from all liability, but instead of de-
HVering the voucher to Supt. Salt
marsh, Allen carried it to the Office of
Stokes & Reese, the voucher being re-
turned by Mr.. Reese to the railroad
company's attorney. Allen did not sign
the voucher, as his signature was to be
attached to it in the presence of wit
nesses after presenting ii to the super
intendent.
The jury which tried the suit was
composed Of L. K Jefferson, j. T.
Glass, w. B. Milstead, C. w. Pfeiffer,
L. L. Boysen and j. A. Jones. The
jury was out 46 minutes
Mallory J. Allen is q son of Prof.
l. E. Allen, of Brent.