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for

WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of suit.

FORM NO. 47.

GH,

Attorney for Plaintiff.

AN

COMPLAINT AGAINST A RAILROAD COMPANY BY EMPLOYEE FOR INJURIES BY REASON OF DEFECTIVE MACHINERY.

[Name of Court.]

Plaintiff complains and alleges:

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I.

That at the times hereinafter mentioned the defendant was, and it is, a corporation organized under the laws of the state of and was the owner of [or was in the possession of] a certain railroad known as railroad, and of the tracks, cars, locomotives, trains of cars, and other appurtenances thereto belonging, and was using the same for the transportation of goods and passengers for hire;

II.

day of

at the time of

That the plaintiff, on the the grievances hereafter mentioned, was in the employment of the defendant as fireman upon a locomotive engine, so used, and which was driven by steam power;

III.

That said steam locomotive was defective and insecure, and the boiler thereof was defective, unsafe and dangerous, but of such defects plaintiff had no knowledge, information, or notice;

And that by reason of said defects, and by reason of the failure, by the carelessness and neglect of the defendant to furnish a safe and secure steam locomotive to be used by the plaintiff in his said employment, and while the plaintiff was on said steam engine so used by the plaintiff in the performance of his duties as such fireman, under said employment, the boiler connected with the engine of said locomotive, by reason of the unsafeness, defectiveness and insecurity thereof, exploded, whereby large quantities of steam and water escaped therefrom;

and by reason thereof the plaintiff, without fault or negligence on his part, was severely scalded and injured;

And that by reason thereof plaintiff became, and for a long time remained ill, and was obliged to and did expend the sum of dollars in endeavoring to be cured from said injuries: that said injuries are permanent, and hitherto, since receiving the same, plaintiff has been prevented thereby, and will hereafter be prevented thereby from pursuing his business, to his damage dollars.

for

WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of suit.

G H,

Attorney for Plaintiff.

FORM NO.. 48.

COMPLAINT AGAINST A DEFENDANT WHO HAS OBTAINED POSSESSION OF GOODS BY FRAUD.

[Name of Court.]

Plaintiff complains and alleges:

That on the day of

I.

the defendant, with intent to deceive and defraud plaintiff by inducing plaintiff to sell goods to him on credit, falsely represented to plaintiff that the defendant was solvent, and worth

II.

dollars over all his liabilities;

That the plaintiff, relying on said representations, was thereby induced to sell on credit, and deliver to the defendant, [briefly designating the goods so sold and delivered] of the value of dollars, and which goods were so sold to the

defendant for that sum;

III.

That said representations were false in that [stating wherein they were false] and were then known by the defendant to be false:

IV.

That the price for which said goods were sold to the defendant has not been paid, and no part thereof has been

paid, and the defendant, having so obtained the possession of said goods, converted and disposed of them to his own use to the damage of the plaintiff, dollars.

for

WHEREFORE plaintiff demands judgment against defendant dollars and plaintiff's costs of suit.

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fully and maliciously intending to injure the plaintiff, cut, broke, mutilated and defaced goods, namely: [describe the goods] the property of the plaintiff, of the value before so injured of dollars, and thereby greatly injured the same so that they became and were of no greater value than plaintiff's damage

for

dollars.

dollars, to

WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of suit.

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chased and drove about twenty of the cattle of plaintiff, of the value of dollars; thereby they were greatly injured and bruised, and the value thereof was greatly decreased, to the damage of plaintiff of dollars.

for

WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of suit.

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possessed of land situate in the county of described as: [describing the land.]

II.

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day of

broke

That while plaintiff was so the owner and possessed of said tract of land the defendant, on said into and entered with his cattle on said land, and caused the same to be depastured, and the grass, growing grain and feed thereon to be trod down and injured by his said cattle, to plaintiff's damage,

for

dollars.

WHEREFORE plaintiff demands judgment against defendant dollars and plaintiff's costs of suit.

G H,

Attorney for Plaintiff.

FORM NO. 52.

COMPLAINT AGAINST A DEFENDANT FOR DIVERTING WATER FROM PLAINTIFF'S MILL.

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II.

That on the day of plaintiff was, and ever since has been the owner, and possessed of a grist mill erected near said stream of water in the county of in this state, on a tract of land owned by plaintiff described as [describe the land] between said and said, [describe said points from which and to which said stream of water flowed in its natural course.]

III.

That while plaintiff was so the owner and in possession of said mill, and until the grievances hereinafter mentioned, said mill was propelled and driven by water power furnished by the waters of said stream; and the water power so furnished by the waters of said stream was sufficient to propel and drive the machinery of said mill; and the daily net profits to plaintiff from said mill were, until said grievances, dollars;

That on the

IV.

day of, the defendant, well knowing the premises, and intending to injure the plaintiff, built a dam across said stream above said mill, and diverted thereby and has ever since diverted thereby the waters of said stream from the natural channel of said stream, and prevented said waters of said stream from flowing near said mill; and thereby he has destroyed the use by plaintiff of the waters of said stream for water power for his said mill;

V.

That by reason of said acts of the defendant the plaintiff has sustained injury and will sustain injury from the loss of the profits which he would otherwise have made from the use of said mill to his damage in the sum of dollars per day each and every day from said day of been made valueless to plaintiff.

and said mill has

WHEREFORE plaintiff prays judgment against defendant that said dam be abated; that the defendant be enjoined from diverting the waters of said stream from plaintiff's said mill, and that plaintiff recover from the defendant plaintiff's costs of this action.

dollars and

BUDD--29

GH,

Attorney for Plaintiff.

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