N&W in 1909--Law suit

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Sun Jun 14 20:24:45 EDT 2009


Bluefield Daily Telegraph
October 24, 1909


S. M. CAMPBELL IS GIVEN $5,000 DAMAGES
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Lost Leg While Alighting From Train at Landgraff--Federal Court Adjourns for Term

In the case of S. M. Campbell against the Norfolk and Western Railway Company, to recover damages for injuries received at Landgraff on September 30, 1908, tried in the federal court yesterday, the jury awarded the plaintiff $5,000. It appeared from the testimony that Campbell had purchased a ticket at Vivian and was traveling to Landgraff. In alighting from the train he lost his footing, was thrown under the train and had a leg cut off. It was alleged by the plaintiff that the train did not stop a sufficient length of time to allow him to get off. He had a number of bundles in his arms and the train was getting under way before he reached the steps of the coach. The main effort of proof on the part of the plaintiff was to show that the conductor had pulled his train out from the station without allowing the passengers time to alight. Campbell sued for $20,000 damages for the injuries sustained. The jury was out about an hour before a verdict was reached.
The plaintiff was represented by Ritz and Ritz, of Bluefield, and Strother, Taylor and Strother, of Welch, and the defendant by Graham Sale and Wyndham Stokes of Welch.
A motion to set aside the verdict of the jury was overruled by Judge Keller. Judgment was rendered, but a stay of execution for sixty days was allowed.
[The remainder of this article did not pertain to the N&W and is omitted here.]
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Gordon Hamilton
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