"The Southwestern Reporter, Volume 146, May 22 - June 12, 1912, a lengthy case involving one Joseph AGE of Hart Co. The decision reached by the Hart Co Circuit Court was appealed to the Kentucky Court of Appeals. Abstracting from the case at the Court of Appeals: Joseph AGE was a section foreman at the time he was killed and was engaged that afternoon with his men doing work three at the yards. One of his men was perhaps a hundred yards from the place where the accident occurred and was working on the rack. There were 4-5 others nearer shoveling cinders. Age had been there superintending the work and about 15 minutes before the injury. He had asked the agent not to lock up the depot because he wanted to get some material out of it later in the evening. He then went over to the freight depot and stood on the platform, talking to the agent and while there, was seen by the rear flagman and others who were around the depot. Age went away and neither the rear brakeman nor the flagman saw him any more until he was injured. The assistant freight agent testified that just before the train was backed into those standing or dead cars Age appeared between two of them and said something to him, but he couldn't understand what was said. Just at this time the cars came together and Age was thrown to the ground. After the train was stopped, Age had crawled out from under the car either on his own effort or with the assistance of others. Age said that he had gone between the cars to request the freight agent not to lock the depot. The cars between those he went were coupled together and there was only about 18-20 inches between them where he could stand. No one saw he go between the cars. All the employees of the train while directing the movements caused the car to pass upon and back over the house track. They were stationed where they were supposed to be. One of them had to be up near the switch. The tract was curved at this point so the engineer could not see the rear brakeman. This required some one to be between him and the rear brakeman. The flagman as further back and at a point where he could see that the cars were coupled up when the train backed against them. It was insisted by counsel for the appellant that some one should have been on top of the cars keeping a lookout - if so, the accident wouldn't have happened. No signal was given by ringing the bell or blowing the whistle that the train of cars was going to be backed into the four dead cars on the track. It was charged that the failure to ring the bell or whistle or having someone on top of a car caused the problem. Age had been in the employee of the company for some time and it was shown by testimony that he was familiar with the practice of the crew on this local in the handling of cars and freight at the depot. This train made a daily trip and did the same switching. To be continued next week - Sandi To post to lists: [email protected] or [email protected] Sandi's Puzzlers: http://www.gensoup.org/gorinpuzzles/index.php Sandi's Website: http://ggpublishing.tripod.com/