A Fireman Died in a Flood-Swollen Culvert. Now His Widow Wants the Railroad to Pay.

The administrator of the estate of E. G. Cole, a fireman on the Seattle & Northern railway who was killed November 9, 1892, by the ditching of a train during an overflow, commenced a suit for damages against the Oregon Improvement Company March 28, but only filed the complaint yesterday. The dead fireman left a widow, Mrs. Hulda Cole, and three minor children, all girls, one aged 2 years and the other two twins, 6 months old.

The administrator, E. C. Million, sets forth in his complaint that the roadbed, bridges and culverts on that road between Hamilton and Wooley were poorly and improperly constructed and unfit and unsafe for traffic, particularly the certain blind culvert at Haller's hop ranch, where the country is low and floods are frequent. The charge is made that owing to the lack of culverts the overflow water had no outlet and was dashed against the bank there, weakening the roadbed.

On the night of the day in question, November 9, 1892, Million says, notwithstanding the overflow and the consequent weakening of the bank and culvert, the company after having held Cole's train at Wooley for four hours ordered it to proceed to Hamilton, with the result that the engine plunged through the blind culvert, and Cole was instantly killed at his post.

At the time Cole was killed he was [age omitted in original] years old and was earning $100 a month. The damages claimed, $12,480, are figured up from the probable saving of $40 a month out of his $100, had Cole lived his allotted life.