Thomas Densmore - Norton KSGenWeb

Thomas J. Densmore

John T. Densmore came here in 1874 and took the "Sorghum" Smith land on the Solomon and lived there until 1891 when he died from the result of a railroad accident. He laid out the town of Densmore and gave it the name. His widow still lives there.

The History of the Early Settlement of Norton County, by F. M. Lockard, 1894, p. 280

Thomas J. Densmore was injured in a mishap on July 29, 1890. His buggy and team were struck by a train at the "Widow Post Crossing", two miles west of Logan, Kansas. The Widow Post lived near this railroad crossing. The incident caused injuries to the right side of his body and his head, totally destroying the usefulness of his right lung and permanently injuring his chest, back and head. He was an invalid after this accident.
On October 14, 1890, Mr. Densmore sued the Missouri Pacific Railroad for negligence, and asked for damages of $8000 plus the cost of the suit.

He died on November 19, 1890, and his wife, as administrator of his estate, revived the suit.

After much wrangling, a jury trial was held and on May 22, 1891 the jury found in favor of the defendant, the Missouri Pacific Railroad.
The railroad was allowed to recover the costs of the suit from Mrs. Densmore.

Subsequently, the property was sold at a sheriff's sale on May 13, 1895 for the grand sum of $48.00 (which was two-thirds of the appraised value) to the highest bidder, Cyrus Archer.

I have yet to discover what happened to Mrs. Densmore after the sale of the property.

The information below is transcribed from an abstract of title to lots in the city of Densmore, which are a part of the property once owned by Densmore.

In the district court of Norton County, Kansas
February Term 1891

Thomas J. Densmore vs The Missouri Pacific Railroad Company

The plaintiff, Thomas J. Densmore...alleges...that on or about July 29th, 1890, and at a public highway crossing in Phillip County, Kansas, known as "the Widow Post Crossing" which is located on the line of said railway about two miles West of Logan and at a point where the Township and Section line public road between Townships four and five South of Range 20 West of the 6th P.M. crosses said railroad and about forty rods due west of the said Widow Posts dwelling house, a freight train of said defendant, propeled* by a steam engine, ...ran in to and against this plaintiff while he was crossing said railroad with his buggy and team..., and threw him from the track with great violence and thereby seriously and permanently injured him in and upon the right side of his body, and also upon his head, totally destroying the usefulness of his right lung and permanently injuring his chest, back and head. The injuries above described have obliged him to keep his bed ever since said date and have made him an invalid for life and are of such a nature that he never again will be able during his life (he now being 63 years old) to perform manual labor or to attend to his business affairs connected with his avocation of farming, ....

That at the time and place of said injury to plaintiff by defendant the said agents, employees and servants of defendant were operating and controling* said engine and train of cars managed the same in a grossly negligent manner and with a wanton disregard to the safety of plaintiff and plaintiff's said injuries are the direct result of such negligence, while on the other hand the plaintiff at said time and place exercised due care and caution to avoid injury from the passing train of the defendant.

That plaintiff by reason of the wrongs and injuries so inflicted upon him by defendant as above detailed has been damaged in the sum of $8000.00.

Wherefore, the plaintiff Thomas J. Densmore prays judgment against the defendant the Missouri Pacific Railroad Company for his actual as well as for exemplary damages in the aggregate sum of Eight Thousand Dollars and for costs of suit.

Thomas J. Densmore
Per Louis K. Pratt, his attorney.
Filed October 14, 1890

The Summons was delivered to P. M. Edwards the ticket agent and staction* of said defendant at Edmond, Norton County, Kansas on October 16, 1890 by Henry Joint, Sheriff. It was noted that "The said defendant having failed to designate any person for said county upon whome* process against it might or could be served."

Demurrer
Filed Nov. 12, 1890

Now comes the defendant and demurs to the petition of the Plaintiff filed herein for the following reasons to-wit:
1. Because the same does not state facts sufficient to constitute any cause of action against the defendant.
2. Because the court has no jurisdiction over the subject matter of said action.

Waggener, Martin & Orr
Attorneys for defendant

Notice of Application to Revive

To Waggener, Martin & Orr, Attys. for Defts.
You will take notice that on the 10th day of Jany. 1891 at the Grier House in Norton in said County and State at the hour of 6 o'clock P.M. the administrator of said plaintiff will apply to the Judge of said Court at Chambers to be allowed to revive said cause in her name, and at said time show that said plaintiff died Nov. 19, 1890, and the said Elizabeth E. Densmore has been appointed administrator of the estate of said plaintiff by the Probate Court of said County.
Elizabeth E. Densmore, Administrator
By Louis K. Pratt, Plffs. Atty.

Application for Revivor

Journal Entry and Order

Now at this time to-wit: Jany. 10th, 1891, the application of Elizabeth E. Densmore for a revivor of this action in her name as administrator came in to be heard. The said Elizabeth E. Densmore appeared by Louis K. Pratt her atty. but the defendant made no appearance, although notified of this time and place of the hearing of said application, written notice sent to defendant attorneys as the same now appears on file. Upon presentation of said application and the evidence in support thereof, it appears that the allegations thereof are true viz: that said plaintiff commenced an action in said Court to recover $8000.00 damages for personal injuries alleged to have been inflicted upon plaintiff by and through the gross negligence of defendant; that afterwards and on Nov. 19, 1890, said plaintiff died on Dec. 24th following the said Elizabeth E. Densmore was appointed by the Probate Court of said county as administrator of the estate of said plaintiff and is now the duly quallified* and acting administrator of said estate and is the widow of and sole surviving heir of said Thomas J. Densmore.

It is therefore ordered that this cause be revived in the name of Elizabeth E. Densmore, administrator of the estate of Thomas J. Densmore, deceased, vs. The Missouri Pacific Railway Company and that such title be observed in all subsequent proceedings that may be had in this cause.

Done at Norton, Kans, this 10th day of Jany. 1891
G. Webb Bertram
Judge District Court

Answer
For answer to the plaintiff's petition herein, the defendant says:
First
That it admits that is is a corporation as alleged in said petition and denies each and ever other statement, averment and allegation therein contained.
Second
Further answering this defendant says, that if the said Thomas J. Densmore, deceased, suffered any injury as set forth and claimed in said petition, that the same was received wholly and solely through the fault and neglect of said Thomas J. Densmore, deceased, and through his failure to exercise reasonable and ordinary care, and not through any fault or negligence on the part of this defendant.

Filed Feb. 7, 1891

Now on this 5th day of February 1891 and during the regular February 1891 term of the District Court of Norton County, Kansas, coming on for hearing the demurrer of defendant......

...said demurrer is overruled on each and every ground thereof the defend at the time duly excepting thereto and the defendant is allowed 20 days from this date in which to answer said petition and the plaintiff is allowed 10 days thereafter to plead thereto and the case is continued until the next regular term of said court.
G. Webb Bertram
District Judge

Reply
The said plaintiff for a reply to the second count of the defendant, answer says that she denies that the injuries to Thomas J. Densmore at the hands of defendant as set forth in the petition were caused by the contributing negligence of said Thomas J. Densmore.
Elizabeth E. Densmore, Administrator
Per Louis K. Pratt, her Atty.

Notice of application for 2nd order to revive action in name of administrator

Summons was delivered to C. E. Clem, the station and ticket agent of the Missouri Pacific Railway Company at Lenora in Norton County, Ks. by Henry Joint, Sheriff on April 9th, 1891.

Demurrer to the evidence
Now comes the said defendant and demurs to the evidence of the plaintiff herein for the reason that the said plaintiff has failed to prove by her evidence, any cause of action in favor of said plaintiff and against the said defendant.
J. R. Hamilton
Waggener, Martin & Orr
Attorneys for defendant
Filed May 18, 1891

Amendment to Petition

Comes now Elizabeth E. Densmore Administratrix of the estate of Thomas J. Densmore, deceased, first having obtained the leave of this court so to do, and files the following amendment to the petition of Thomas J. Densmore, to-wit: That on the 19th day of November 1890, the said Thomas J. Densmore departed this life, leaving as his sole heir the said Elizabeth E. Densmore, who was his wife. That on the 24th day of December, 1890, this plaintiff was appointed by the Probate Court of Norton County....administratrix of the estate of the estate of said deceased, and on the 24th day of December, 1890, she duly quallified* as such administratrix and has been ever since date the duly acting and quallifed* administrator of said estate.

That since the death of said Thomas J. Densmore...this cause has been by the judge of this court revived in the name of Elizabeth E. Densmore, administratrix as plaintiff instead of Thomas J. Densmore, deceased, and her name substituted for her late husbands, whereas the same appears in said petition.

Therefore she prays judgment as set forth in the original petition.
Elizabeth E. Densmore, Administratrix of the estate of Thomas J. Densmore
per Louis K. Pratt, her atty.
Filed May 19, 1891

Verdict
We the jury duly empanneled* and sworn in the above entitled cause do upon our oaths find from the law and the evidence the issues in said cause in favor of the defendant.
H. J. Lane, Foreman
Filed May 22, 1891

Motion for New Trial
Filed May 22, 1891
...And on to-wit the said 22nd day of May 1891 and within three days from the return of said verdict by said jury the plaintiff duly filed in writing her motion to set aside the special findings of fact....and the plaintiff duly filed her motion in writing for a new trial... Thereupon and during the said 22nd day of May 1891 said cause was by the court continued for final judgment and the hearing of both of said motions until the 10th day of July 1891....

Motion for Judgment for Defendant on the Verdict of the Jury
Journal Entry
Filed July 11, 1891
Motion to set aside special findings of fact was overruled

Motion for a new trial was overruled

...it is therefore adjudged and decreed that said defendant do have and recover judgment of and from the plaintiff for all of the costs of this action...and on application of the plaintiff time was extended to January 1st, 1892, within which to prepare and serve on the defendant a case made herein for the Supreme Court and the defendant is allowed twenty days thereafter within which to suggest and serve amendments thereto and said case to be settled on five days notice by either party. Execution stayed until February 1st, 1892.
_______District Judge

Sheriff's Sale
By virtue of an execution to me..., issued out of the Seventeenth District Court of the State of Kansas, sitting in and for Norton County, I will, the 13th day of May, A.D.. 1895 at 2 o'clock P.M. of said day, at the north door of the Court House in the County and State aforesaid, offer at public sale and sell to the highest bidder for cash in hand, all the right, title and interest of the above named plaintiff in and to the following described real property, to-wit:
Lot 2, in block A, lot 5 in Block B, lot 5 in Block C, Lots 1, 2 and 5 in Block D, Lots 2, 12, 13 and 14 in Block E, lots 5, 8, 12, 15 and 16 in Block G, lots 2, 5, 9, 12 and 15 in Block H, all in Densmore, Heck's & Manville's Addition to the town of Densmore, appraised at $1.50 each lot; commencing at a point 40 feet east of the south-east corner of the school lot in Densmore, Kansas, and running thence 257 feet to the railroad right of way, thence along the said road right of way in an east northeast direction 179 feet, thence south 315 feet, to the north line of Railroad Avenue, thence west along the line of Railroad Avenue 169 feet to the place of beginning, containing 1 1/10 acres, more or less, appraised at $6.00; (and other real estate)

all the foregoing lying and situated in the County of Norton and State of Kansas.

Said property levied and to be sold as the property of the above named plaintiff.

Geo. R. Betterton, Sheriff
April. 8, A.D. 1895

Filed May 15, 1895
...afterwards, on the said 13th day of May...I sold same as follows, to-wit: all of above described real estate, except the said 22 acres in SW 1/4 of SW 1/4 in 6-5-21, there being no bids therefor, to Cyrus Archer, for the sum of $48.00, same being two thirds of the appraised value thereof, he being the highest and best bidder therefor.
Geo. R. Betterton, Sheriff

Decree of Confirmation
Approved: A.C. T. Geiger
Judge Seventeenth Judicial District
Filed May 17, 1895

Journal Entry of Judgment against Cost Bond
Filed May 17, 1895

Last Will and Testament
This is the last will and testament of myself Thos. J. Densmore, made this 25th day of November 1886, at Densmore, Norton Co. State of Kansas, as follows: I hereby bequeath all my lands tenements and heriditaments* and all my household furniture and ready money securities for money goods & chattles* and all other parts of my real and personal estate and effects whatsoever unto my wife Elizabeth E. Densmore to and for her own use and benefit during her natural life after her death should there be anything remaining, it shall revert back to my sister Mary Jane (wife of James McCartney,) last heard from were residents of Greenleaf, Crawford Co. Pa. In the event of her death the same shall revert to her heirs. My wife shall be subject only to the payment of all my just debts funeral and testamentary expenses and the charge of proveing* and registering this my will, from my personal effects, and I hereby appoint my said wife Executrix of this my will and I hereby revoke all other wills.

In witness whereof, I hereunto set my hand and seal the day and year above written. Thomas J. Densmore

witnessed by Geo. W. Buck and Anteen Rhymer

Election of widow
...elects, to take under the provisions of the law concerning decents* and distributions and not under said will.

witness the hand and seal of said widow, this 2 day of February A.D. 1894
Elizabeth E. Densmore
in the presence of Wm. S. Gray, Probate Judge

*misspelled words transcribed from text
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