Abraham Lincoln’s Handwritten Complaint in Jasper Harris v. The Great Western Railroad (1854)

In the Circuit Court of Sangamon County
March term A.D. 1854

State of Illinois SS.
Sangamon County

Jasper Harris, plaintiff, complains of The Great Western Railroad Company, defendant, being in custody etc. of a plea of trespass on the case – For that whereas heretofore towit, on the ___ day of November, in the year of our Lord one thousand eight hundred and fifty three at the county of Scott, towit, at the county aforesaid, the said Railroad Company were possessed of a certain Railroad and were then and there possessed of and using thereon certain Locomotive-steam-engines, tanks, cars etc. and then and there had in their employment, as servant and engineer, managing and running one of their Locomotive steam engines with a tank and with and without cars attached, on their said Railroad, one ­ Edgar; and also said Railroad Company, then and there, had in their employment, as servant and conductor, in charge of the same Locomotive-steam-engine, thank and cars managed and run by said Edgar as engineer as aforesaid, one George Armstrong; and also said Railroad Company, then and there, had in their employment, as servant and brakeman, on and about the Locomotive-steam-engine, tank and cars, last aforesaid, the aforesaid plaintiff – And the plaintiff avers that it was, then and there, the duty of both said engineer and brakeman, severally, to obey the proper orders of said conductor, and then and there, was the duty of said Railroad Company by their engineer, whenever said Locomotive-steam-engine and whatever might be thereto attached, should be at rest, to not put the same in motion without the order of said conductor, not without giving a known signal of the intention to do so – Yet the said Railroad Company, on the day and year aforesaid and at the county aforesaid by their said engineer being then and there in their employment as aforesaid and in the prosecution of their lawful business aforesaid; and the said Locomotive-steam-engine, then and there being at rest, with said tank thereto attached, (and said plaintiff then and there being in the attempt to go aboard of said tank in obedience to the proper order of said conductor and without any fault on his
part) they, the said Railroad Company, by their said engineer, and without the order of said conductor, and without the giving of the signal aforesaid, put said engine and tank in motion, whereby said plaintiff was thrown down and his right foot, ankle, leg and thigh greatly torn, crushed and broken; so that thereby said plaintiff became and was sick, lame and disordered, and has so remained for a long space of time, towit for the period of four months; and also by means of which said wrong of said Railroad Company, amputation of his said right limb above the knee became and was necessary, and has actually been performed, and said limb has been wholly lost to said plaintiff; and other wrongs the said Railroad Company then and there did to the said plaintiff, and to his damage of ten thousand dollars and therefore he brings his suit etc.

Lincoln & Herndon, p.q.

If you want a digital, color copy of the complaint that Lincoln wrote for Jasper Harris, contact Cindy Stahler at stahler@hoeyfarina.com.