The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1913-05-14
Judge Sandidge Denies |.
G. Railroad Petition.
A FAILURE TO FURNISH CARS
Was Basis of Numberl0f Suits
Instituted By the Snf'
- fering Miners.
OPINION Is VERY IMPORTANT

Greenville, Ky, May 9.-Judge
w. p. Sandidge has denied the Pc
tition of the Illinois Central Rail-
road Company, in which it sought
to enjoin the Quarterly Court from
trying a number of suits brought by
coal miners against the railroad
company, at the same time sustain
ing the petition of the latter.
NSome weeks ago forty-three min
err filed suits in the Muhlenberg
Quarterly Court against the Illinois
Central, seeking to recover dam
- ages for time lost. because, as al
legged. the railroad company had
failed to furnish cars to the coal
operators, who were forced on that
account to shut down their mines.
Each of the suits was for an amount
too small to allow an appeal to the
Circuit Court, and it was reported
that some 1000 similar suits would
be brought in the Quarterly Court.
The railroad company instituted
proceedings seeking to enjoin the
Judge of the Quarterly Court from
proceeding further in the trial OF
the cases. alleging, among other
things, that the plaintiffs in ques-
ton had no cause of action against
the railroad company, and that the
plaintiffs and their attorneys had
their suits in the Quarterly Court
for an amount not allowing of an
appeal, and that unless prevented
they would institute many other
similar suits. The petition of the
railroad company sought to have
the Circuit Court take jurisdiction
of the actions and try them out to
Ascertain II cause of action really
existed.
The opinion is regarded as of
great Importance to coal miners and
operators in Western Kentucky in
connection with the recent agitation
concerning the question OF the liza
bility of the railroad company for
failure to furnish cars.
In giving his opinion. Judge San
didge said that the question at is
sue in the cases in the lower court
was the intention of the Legislature
ia enacting Section 1873 of the Ken
lucky Statutes, requiring the rail-
road company to furnish cars for
handling freight, whether the in
tent was to protect only the coal
protect the jobber who buys coal,
the consumer who uses 1t. and the
miner who mines it, He said that
II the law was enacted for the BEN
eft OF the jobber as well as the OPP
orator, then he would have a cause
of action for a violation OF it.; II it
was intended to protect the con-
sumer and miner, then he would
have a cause of action against the
railroad for violation of IL result
ing in damage to him. He discuss
ed number of statutes enacted
for the protection of the public
generally. one of them being the
statute requiring a railroad COM
pany to fence it's right of way, not
only for the protection of the adj
jacent land owner, but for others
asf well; another was the statute re-
quEing druggists to properly label
medicines.
Judge Sandidge refused to pass
upon the question as to whether
cause OF action was stated against
the railroad company. He held that
the contention of the railroad COM
pany that he should assume juris-
diction because of a multiplicity of
actions was not well taken. He did
not discuss the contention that a
conspiracy existed.
An appeal will be Immediately
taken to the Court of Appeals.
!. &. Charges Conspiracy.
Frankfort. KY. NAV 10.-Charg-
Ing ? conspiracy in an attempt to
intim.date the County Judge. at
torneys for the Illinois Central
Railroad Company this afternoon
appeared before the Court OF APP
peals and asked for writ OF prohi-
bition to prevent the county Court
OF Muhlenberg county from trying
and deciding 1900 cases brought