tort claim

Haywood Sauls and wife Betsey Sauls vs. Atlantic Coast Line Railroad Company.

In May 1911, Betsey Sauls took the extraordinary step of suing Atlantic Coast Line Railroad Company for serious injuries she suffered at Black Creek depot. The law firm of James H. Pou and William A. Finch, well-known in the state for their high-profile civil and criminal litigation, filed on her behalf (and her husband Haywood Sauls‘, as was required by law for married women at the time.)

In a nutshell, on 3 May 1909, Betsey Sauls bought a train ticket to travel from Wilson to Black Creek. The train overshot the depot at Black Creek, but announced “All off for Black Creek!” as usual. As Sauls attempted to disembark, she fell from the train and was injured.

Pou and Finch asserted that by stopping beyond the usual location, Sauls was forced to step down from an excessive height and near a side track with sharp, exposed sills (the long, heavy timbers used as a foundation for crossties.) As Sauls stepped down, the train suddenly began to move backward, throwing Sauls to the ground.

Pou and Finch further asserted that A.C.L.R.R. had failed to provide a stepstool customarily provided for older passengers faced with a higher-than-usual descent.

Sauls was 65 to 70 years old, was “corpulent,” and not used to train travel. The knee injuries she sustained were serious, painful, and — she believed — permanent. She had difficulty walking and sleeping, could not work, and was forced to use a stick or crutch. She also had back and hip pain.

Sauls was now “an invalid and sufferer” of both physical and mental anguish. She could not visit family, friends, or church and had incurred considerable expense for medical treatment.

Sauls sought $5000 in damages.

In a brief, spare decision, the judge G.S. Ferguson awarded Sauls $500 (roughly $17,000 in 2026 dollars.)

Civil Action Papers, Wilson County (N.C.) Court Records (1909), http://www.familysearch.org.