Railroad Commission of Kentucky.

Annual report of the Railroad Commissioners of Kentucky, Volume 30 online

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Dear Mr. Tei^^rd:

I am unable to give you the States that have the best laws govern-



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228 THIRTIETH ANNUAL REPORT OF

ing express companies. I think you- can get a copy of the law govern-
ing express companies in the various States by writing the Secretary
of the Interstate Commerce Commisision. Should he fail to furnish
you the law desired, I suggest that you write a letter to the Railroad
Oomimission of each State requesting this law, which they will be glad,
I am sure, to furnish you. A letter addressed to the Railroad Com-
mission at the Capital of the State will in every case be properly
delivered.

Yours truly,
(Signed) A. T. SiLER, Chairman.



Cumberland, Ky., October 6, 1909.
Hon. a. T. SilER, Chairman,

State Railroad Commission,
Williamsburg, Ky.
My Dear Mr. Sii<Er:

We are in continual controversy with the shippers on our line as
to the payment of car service. The Louisville & Nashville Railroad
Company charges our line car service after the expiration of 48 hours
on all coal cai^s, whether loaded or empty. The mines are relying on
Clause A of Rule 3 of the Car Service Rules and some of tihem have
letters from you stating that they do mot have to pay car service on
empty cars.

Ours is a peculiar position. We own no equipment and are de-
pendent on the Louisville & Nashville Railroad for cars. Our revenue
on coal is only ten cents per ton. This does not permit our paying
car service unless we can get it back from the shippers.

With this understanding of our position, I would be very glad to
have a ruling from you in regard to handling these matters. We
understand, of course, that shippers on the main line of the L. & N.
R. R. do not have to pay car service on empty cars, but inasmuch as
we are not members of the Car Service Association, and are not
eligible to membership, it seems to me that we should not be held up
for this car service.

Thanking you for an early reply, I am,

Yours truly,
'(Signed) B. C. Milner,

General Manager and Chief Engineer.



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THE RAII.ROAD COMMISSION 229

Williamsburg, Ky., Oct. 9, 1909.

i\lR. B. C. MiLNER,

Gen. Mgr. and Chief Engineer,
Cumberland, Ky.
Dear Sir:

I have your letter of October 6, 1909, and in response to same will
say that the same rules which apply to coal mines apply to
you where you procure the cars for use at coal mines. In other words,
Clause A of Rule 3 of the Car Service Rules applies to any one who
procures cars for loading at mines. This Rule will be found in the
25th annual report of the Kentucky Railroad Commission, which is
for the year 1905, and on page 122, and which is marked in that re-
port Rule 2, arid this language is used at the end of the Rule: "And
that cars to be loaded at coal mines are not to be treated as placed
until actual loading of the cars shall have commenced." You will
notice by reading from the Car S^vice and Storage Rules under
which you are working, under Rule 3, clause A, almost the same
language is used, which is as follows: "and if cars are for loading
at coal mines, such length of time after actual loading of cars
shall have commenced." This rule means that when you procure cars
for loading at mines that the demurrage shall not be charged until
after the expiration of 48 hours from the time loading of car will
have actually begun. In other words, you are protected by this Rule
just as the coal operator is protected by it.

Yours truly,
(Signed) A. T. SiLER, Chairman.



Cumberland, Ky., October 13, 1909.
ITox. A. T. SiLER, Chairman,

State Railroad Commission,
■Williamsburg, Ky.
Dear Sir:

I thank you for your letter of October 9th setting forth the Com-
mission's ruling ill regard to car service to be paid by The Cumberland
Railroad Company. The lyouisville & Nashville Railroad has been
charging us on cars that were held over forty-eight hours, whether
loaded or empty. The mines, of coume, refused to pay us for the cars
until actual loadir^g is commenced. We have been compelled to pay



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230 THIRTIETH ANNUAI^ REPORT Olf

several hundred dollars in car service for which the mines decline to
re-imburse us.

Your letter is certainly iJain and explicit and in future, we will
be governed accordingly. Please except our sincere thanks.

Yours truly, B. C. Milner,

(Signed) General Manager and Chief Engineer.



Nashville, )Tenn„ NovenAer 23, 1909.
Spokes— 'H^zEL, Ky., to Paducah, Ky.
Hon. Kentucky Railroad Commission,

Frankfort, Kentucky,
Gentlemen :

Three expense bills and copies of way-bilk for the following ship-
ments of club turned spokes, Hazel, Ky., to Paducah, Ky., are re-
?pectfully submitted, viz.:

Hazel, Ky., Way4>ill L-32 August 14, 1909, N., C. & St. L.
car 9234.

Hazel, Ky., Way-bill L-22, October 20, 1909, L. & N. car 93516.
Hazel, Ky., Way-bfll L-19, November 12, 1909, N. C. & St. L.
car 5514.

These shipments, it will be observed, were billed and freight col-
lected at 15 cents per hundred pounds, the regular tariff rate. The
shippers failed to take up with us the question of freight rates
in advance of the movement, but did so later when we found it equit-
able to make the rate ten cents, said rate being published in our Rate
Issue 34973, copy inclosed. We desire your permission to adjust
the freight charges on the three cars already forwarded at the rate of
ten cents and respectfully ask authority to do so.

Yours truly,

C. Barham,
( Signed ) General Freight Agent.



December 6, 1909.
Mr. Chas. Barham, Gen'l. Freight Agent,
N., C. & St. L. R'y. Co.,
Nashville, Tenn.
Dear Sir:

Your letter November 23d— 19C— Spokes, Hazel, Ky., to Paducah,
Kentucky.



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mt RAIUtOAD COMMISSION 231

The Commission authorizes me to advise you that it will be satis-
factory for you to adjust freight rate on three cars of spokes re-
ferred to, at the rate of ten (10c) cents per hundred pounds.

Yours truly,
(Signed) Roy Wilhoit,

R<ae Clerk.



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ACCIDENTS TO PERSONS

1909



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ACCIDENTS TO PERSONS, 1909.



CHESAPEAKE & OHIO RAILWAY COMPANY.



I



January 4, ipop, about one mile east of Maysville, Ky., 8:05 p. m.,
Oral Vantine (white), trespasser, 17 years of age, is supposed
to have fallen off of eastbound freight train 526 and was instantly
kiUed.



February 2^ 1909^ one-half mile west of Bwington, Ky., 9:58 p. m.,
John Burton, trespasser, occupation lumberman, who resides at West
Liberty, Ky., white, age 45, stepped in front of train 24, an east-
boimd passenger train which was running at a speed of 40 miles
per hour and was fatally injured.



February 13, ipop, Grahn, Ky., 12:2/ p. m. J. D. Dickinson,
farm laborer, age 21, white, single, intoxicated, while attemptinsj
to board westbound freight train No. 99, running at a speed of fifteen
miles per hour, fell under train, was run over, body cut in two and
instantly killed.



February 23, 1909, White House, Ky., 6:32 p, m. F. W. Blevins,
conductor of train No. 38, an east (bound passenger train, white, age
40, married, while as&,isting passengers off of train at White House,
was struck in back oi head by' a passenger, Alf. Pruitt, holding a
ticket reading Catlettsburg, Ky., to White House, Ky., white, in-
toxicated, age 45, married, and knocked down.

As Blevins arose unknown party shot him in the back, ball
penetrating stomach. Blevins died at 12:55 a. m., February 25th at
Kings Daughters Hospital, Ashland, Ky.



April 9, 1909, 1-2 mile west of Ashland Junction, 11:17 a. m.
Josh Pennington, trespasser, occupation unknown, who resided at
E. K. Junction, Ky., white, age 25, married, while stealing a ride on



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236 THIRTIETH ANNUAL REPORT OF

west bound freight train No. 99, fell between the cars, body cut in two
and instantly killed.



5:15 a, m., April lOtJi, Covington, Ky., yard engine 250
struck and instantly killed B. Groger, trespasser (white), about 30
vears of ag^e.



April 21, iQop, Ilighlmid, Ky., 12:08 p. in. James S. Jarvis,
trespasser, occupation photographer, who lived three miles east of
Olive Hill Ky., on Jarvis Branch, married, one child, was struck
while walking on track by west bound passenger train Xo. 25 and
instantly killed. Remains were turned over to county coroner and
his relatives notified.



April 2j, 1909, Ashland, Ky., about i :jo a. m. Andy Caldwell,
a section laborer in the employ* of the A C.& I. Railway Company,
age 35, white, married, three children, a resident of Ashland, Ky.,
was found on tracks of the C. & O. on Front Avenue and 7th street
about 6:00 a. m., with head and one arm severed from body.

There is every evidence that the man was murdered and body
placed on tracks. Body was run over by No. 24's back up, which
was being handled from Ashland passenger station to Big Sandy
shops in charge of hostler and hostler helper. Blood spots on this
equipment show that this was evidently the train that ran over the
body, although hostler and hostler helper know nothing in regard
(o the accident. Post mortem examination reveals three stab wounds
on l>ody, one in the neck and two in the breast, plainly indicating
murder.



April 20, !()()(), Kilgori\ Ky,, 7.70 />. w. Unknown white man,
age about 65 years, stepped in front of east bound local freight train
No. 68, eleven cars, speed twenty-five miles per hour, was struck and
instantlv killed.



Augusta, Ky., 10: J3 a. in., May 2, iooq. John Kebler, trespn^^or
(white), 18 years of age, attempted to get on eastbound freight train
extra 451, while running at a speed of ten miles per hour, and fell
under train, having both legs cut ofT. He died from injuries at 3:30
p. m. same date.



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THE RAILROAD COMMISSION 237

Morning of May lotli, one mile cast of South Portsmouth, Ky.,
remains of Darb Smith (white), trespasser, about 28 years of age,
were found along our track and is supposed to have been struck by
some train.



6:00 a. m., May ^pth, iqoq, remains of Ed. Starrett (White),
were found by track walker Kidder between main line and passing
siding at Broshear.s, Ky., with top of head crushed in. No particulars
as to how he met his death.



Covington, Ky.^ Scott Street Bridge, 1:25 a, m., June 22nd, Henry
Vanhbose (white), age 24 years, was riding on westbound freight
train 1st 71 and was evidently struck by bridge, killing him in-
stantly.



South Portsmouth, Ky,, about 2:00 a, m., July 26th, Wm. Cul-
bertson, night ticket clerk, age 30 years, was found on depot platform
with serious contusion on head He was removed to Hempistead Hos-
pital in Portsmouth, Ohio, where he died at 1 :20 P. M. No particu-
lars as to how he met with his death.



About one mile east of Dayton, Ky., g.\^j a, m.^ July 25th, iQog,
John M. Gast (white), trespasser, age 40 years, was struck and in-
stantly killed by westbound passenger train 2nd No. 1.



August 23rd, 1909, Presfousburg. Ky., 1:58 /?. ;;/.. Ira Frazier.
trespasser, occupation laborer, age 48, wdiite, married, stepped in front
of engine train No. 39, a westbound passenger train, three cars, all
air and working, on curve, level grade, speed twenty miles per hour,
was struck and fatally injured. Remains were turncrl over to his
relatives.



Russell, Ky,, 4:15 p, m,, August 27th, ipoo, A. J. Hcnthorn,
switchman, age 25 years, was caught between two cars and badly
mashed. He only lived about five minutes after accident occurred.



Dayton, Ky., 6:20 a, m., September 8th, tqoq, W. L. Teel, brake-
man, age 38 years, fell off of car of eastbound freight train extra No.
528 and was instantly killed.



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238 THIRTIETH ANNUAL REPORT O?

One-fouth mile west of Newport Water Works^ Ky., 3:15 p. m.,
September 8th, ipop, eastbound passenger train No. 16, struck and
instantly killed M. L. Humphrey (white), trespasser, age 55 years.



September i8th, ipop, Brighton, Ky., time unknown, Frank Cav-
anaugh, occupation street laborer, colored, age 30, single, a resident of
Richmond, Ky., was struck and run over by some train and fatally
injured.

Russell, Ky,, 3:15 p. m., September 21st, Grover Jordan (white),
trespasser, age 17 years, while attempting to get on westbound freight
train No. 71, fell under car and had both legs cut off. He died from
injuries at 7 :30 p. m., same date.



About one-half mile east of Russell, Ky., 5:14 a, m., October pth,
westbound passenger train 1st No. 1 strudc R. iM. Bowman, switdi-
man, age 23 years, fatally injuring him. He was taken to C. & O.
hospital at Huntington, W. Va., where he died at 12 noon, October 10th.



Maysville, Ky,, p:oo p. w., November 2nd, 19099 John Freye
(white), age 30 years, residence Manchester, Ky., was found dead
under viaduct at foot of Market Street. His neck was broken and he
is supposed to have fallen from trestle.



CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RY. CO.



At 9 :30 a. m., January 19th, at Georgetown Station, Con Reagan,
switchman, while attempting to cross in front of cars, fell and was
run over, being instantly killed.



J. E. Spencer, machinist, Ferguson Shops, near Somerset had his
skull fractured while repairing locomotive engine on March 16, 1909,
and died while on way to hospital.



Claude Clark, trespasser, was struck and instantly killed April 23,
1909, at mile 161, near Somerset, Ky.



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THE RAILROAD COMMISSION 239

Thomas Hicks, while trying to catch a freight train near Whitley,
Ky., fell under the wheels and was killed May 4th.



W. T. Tongate, while attempting to cross tracks near Crittenden,
Ky., was struck and instantly killed by No. 1 at 9:12 a..m., July 29th.



The remains of an unknown man were found under train No. 76
near Mason, Ky., at 4 p. m., September 23rd.



W. J. Lee was killed by train at Pine Knot at 9:35 a. m., Oc-
tober 8th.



A trespasser, supposed to be J. W. Lucas, was found at 3 :05 a. m.,
October 13th, in Danville yard so badly injured that he died before
reaching hospital.



R. Leach, engineer, was killed in a collision at South Fork, Ky.,
at 6:30 a. m., October 31st.



Ben Smith, colored, found dead on top of C. N. O. & T. P. car
in Lexington Yards morning November 17, 1909.



ILLINOIS CENTRAL R. R. CO.



Norman Garrett, negro, trespasser, either fell or jumped from
a moving freight train in the yzvds at Princeton, January 5th, sus-
taining injuries which caused his death on the 8th inst.



7:45 a. m., February 9th, H. B. Gilmore, age 40, was struck by
train near Main street, Louisville, Ky., sustaining injuries which caused
his death at 1 :00 p. nl., same date.



On the morning of the 20th of March, body of Wes Herron,
colored, was found in the back water between Barlow and La Center.
Deceased was not an employe. It is presumed that he accidentally
drowned



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240 THIRTIETH ANNUAI. REPORT OF

Weight Kiiiglu, colored preacher, struck and killed by train No.
71y Wickliffe, Ky., April 14, 1909. Understood deceased attenipted to
cross the track immediately in front of the engine, about 100 feet
north of the passenger platform, at a place which is thought not to be
at a public crossing.



Taylor Hunt, non-employee, killed April 19th, Tipple Crossing.
near Paducah.



Body of a white man was found by bridge watchman, April 18th,
at the north end of tunnel, Muldraugh, Kentucky. The body was
badly mangled and cut to pieces.



Sam Chappel, struck and killed by train 'No. 103, near Paducah,
Kentucky, April 21, 1909. Deceased and one other had built a fire
about two feet from end of ties and had gone to isleep, deceased being
struck and killed by passing train.



Noah Drake was found in an unconscious condition beside the
track just south of Vine Grove on the 9th of June, and later died from
his injuries.



Steve Harper, colored trespasser, was found in Camp Creek Bot-
tom, near Boaz, at 12:15 p. m., June 12th, suffering from injuries
which caused his death at 3 :00 p. m., June 13, 1909.



Gus Fields was found in an unconscious condition near Stithton
on the morning of the 13th of June; died at 8:10 a. m.



Body of an unknown negro was found beside the track between
Stiles and Epperson on the morning of the 14th of June, apparently
having been struck or run over by a train.



H. H. Worley, car repairer, was struck and instantly killed by
yard engine at Paducah, in the afternoon of the 16th of June, 1909.

Frank Goff, non-employe, was found in an unconscious condition
near the track one-half mile north of Horse Branch, Ky., early on the
morning of May 15th and died from his injuries on the 17th inst.



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THI5 RAILROAD COMMISSION 241

Young white man was found in an unconscious condition- near
Caneyville morning of the 23rd of June. He succumbed to his in-
juries the same day. It is not known in what manner he came to be
injured.



James Morris, white, while shooting craps with three companions
in a railway car on turn table tracks at Hopkinsville, July 12lh, was
shot and killed by R. B. Morgan, colored, on account of being refused
admittance to the game.



Herman Decker, trespasser, injured at Central City July 27,
1909, struck by engine.



July 24th, E. P. Wade, colored freight brakeman, while setting
out cars at Henshaw, was run over and instantly killed.



6:45 a. m., June 30th, 1909, Bennett Moss, while driving over
tracks at Woodville Crossing, north of Heath, in a vehicle, was struck
by northbound freight train, sustaining injuries which resulted in his
death a few hours after reaching hospital.



In rear end collision between two freight trains at north switch,
Little Cypress, Ky., Brakeman P. Bernard was killed.



Joe Cross, colored, was found on right of way near Rockport,
morning of August 24th with left foot cut off, died in the hospital
August 26th.



2:40 p. m., October 27th, extra northbound freight train struck
and killed an old white man by the name of W. B. Johns, near Clinton,
Ky.



11 o'clock a. m., on the 27th of October, Section Foreman Frank
Murphy was run over and instantly killed by cars of freight train at
Waverly, Ky., while attempting to cross the track.



10:30 a. m., November 30th, John H. Chadwick, white, trespasser,
age 16, while attempting to board moving northbound freight train



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242 THIRTIETH ANNUAI, REPORT 0^

at Fulton, Ky., sustaining amputation of left arm and left leg, causing
his death at 4:00 p. m. same date.



LOUISVILLE & NASHVILLE R. R. CO.



On the morning of the 10th of January the body of an unknown
colored man was found on track near Talbot, Ky., on Kentucky Divi-
sion. It is supposed that he was run over by some train while lying
on the track in an intoxicated condition.



January 14, 1909, fireman E. L. Lafferty was fatally injured by
falling from engine of passenger train in tunnel near Shearer, Ky., on
Kentudcy Division. It is not known what caused him to fall from
engine.



On the evening of the 14th of January Charles Tribble, a colored
boy, was found on track at Berea, Ky., on Kentucky Division with
both legs cut off and other injuries which resulted in his death some
hours later. It is supposed that he was run over while jumping on or
off freight train.



On the ISth of January James Allen, trespasser, was struck by
freight train and killed at Kufa, Ky., on Kentucky Division.



On the morning of the 21st of January Mrs. Rosella Rodler, an
old woman, trespasser, was struck and fatally injured by cars which
were being switched while she was picking up coal on main track in
yard at Wilders, Ky., on Cincinnati Division.



February the Sth Frank Williamson, an aged white man, was
4 an over and killed in yard at Lexington, Ky., on Lexington Branch.
Apparently this man was under or around coal car picking up coal,
and was run over when car was coupled to by engine.



February 20th the body of a man, supposed to be Walter Parrott,
was found at the side of track at Lofty, Ky., on Lebanon Branch.



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THIS RAIUIOAD COMMISSION 243

It is supposed that he was struck by passenger train No. 21 the 19th
of February while he was trespassing on the track.



On the evening of the 13th March H. F. Warf, trespasser, was
strudc and fatally injured by passenger train at Tadcaster, Ky., on
Middlesboro R. R.



On the 22nd of March Henry Slaughter, colored, trespasser, ^as
run over and killed by switch engine at Hopkinsville on Henderson
Division.



April 12th at G Street crossing, Louisville, on Main Stem, First
Division, James Holt attempted to drive across the track when the
conveyence was struck by engine of a freight train, and he was fatally
injured.



On the afternoon of the 10th of April Preston Tankersly, a youth-
ful trespasser, was thrown under car wheels while attempting to board
a freight train near Livingston, Ky., on the Kentudcy Division, and
fatally injured.



On the 16th of April Mike O'Mera, trespasser, was run over and
fatally injured by cars which were being switched at Covington, Ky.,
on Kentucky Division.



On the 18th of April a youth named John Lewis was fatally in-
jured while attempting to jump on freight train at Brush Creek, Ky.,
on Kentucky Division.



On the 19th of April passenger train No. 7 struck a horse and
buggy on crossing near Eagle, Ky., on Cincinnati Division, killing an
old lady named Tandy, who ^yas in the buggy.



April 21st Robert Bryant, trespasser, was fatally injured by being
strudc by train while walking on trade between Kenney and Hutchison
on Kentudcy Division.



On the 21st of April Miss Mattie Conway was run over and killed



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244 THIRTIETH ANNUAL REPORT OF

by passenger train No. 16 between Benson and West Frankfort, Ky.,
on Lexington Branch.



About two o'clock on the morning of the 22nd of April the body
of a youth named Frank Kincaid was found between rail and curb of
passenger station at Horse Cave, Ky., on Main Stem, First Division.
A jug of whiskey was found with the remains, and it is supposed that
he was drinking, sat down on curbing at station, and went to sleep,
and was struck by a freight train.



On the evening of the 25th April E. E. Campbell, a trespasser, was
struck and killed by Southern Ry. passenger train No. 102, which
was switching on L. & N. tracks at Middlesboro, Ky., on Cumberland
Valley Division.



On the 6th of May Clayton Ford, an elderly man of Atherton-
ville, Ky., was run over and fatally injured by a freight train while
lying on track between New Haven and Athertonville, Ky., on Leba-
non Branch.



On the 23rd of May Will Leach (colored), trespasser, was run
over by freight train while lying on the track near Tadcaster, Ky., on
Middlesboro R. R.



May 24th C. W. Williams, a special agent of L. & N. R. R. Co.
was struck and killed by passenger train at South Louisville on our
Main Stem, First Division. Mr. Williams was in the yard in con-
nection with the loading of race horses, and stepped out from behind
a car, on to main track, immediately in front of passenger train.



On the morning of tlie 7th of June the remains of Jesse D. Dickey,
trespasser, were found on track in yard at Paris, Ky., on Kentucky
Division. It is supi)osed that he was asleep or drunk on track, and was
run over by passenger train No. 3L



Joe Neal (colored), killed at Eminence, Ky., on Lexington Branch.
Another negro boy, named Howard Compton, was seriously injured
at the same time and in the same way, and he died June 11th, having
never recovered from operation which it was necessary to perform.



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TH^ RAILROAD COMMISSION 245

On the morning of the 12th of June J. H. Green, an inmate of
the Confederate Home at Pewee Valley, was struck and killed by
passenger train on crossing north of Pewee Valley, Ky., on Cincinnati
Division.



On the evening of the 15th of June passenger train No. 33 struck
and killed Mrs. Anderson Miller, an old woman, who was picking up
coal on track about half a mile north of Pittsburgh, Ky., on Kentucky
Division.



On the morning of the 27th of June J. B. Martin, trespasser, was
struck and instantly killed by freight train while he was picking up
coal on track near Dortha, Ky., on Kentucky Division.



On the night of the 26th of June the remaius of Sherman Madra,
a colored boy about 19 years old, were found on our track at Sonora,
Ky., on Main Stem, First Division. He had evidently been struck or
run over by some train while trespassing on track.



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