The Timothy Lawless - Melissa Huckaby Connection

[doubledecker]

looks like it might be tied to this christian academy.. why would you put this freaky looking bird on your sight for a christian academy.  Wouldn't a nice dove be more appropriate LOL  that thing looks evil 

http://209.85.173.132/search?q=cache:h0XbwdeHDegJ:www.christianacademy.org/+church+of+christ+solano&cd=3&hl=en&ct=clnk&gl=us

[4getUnot]

looks like it might be tied to this christian academy.. why would you put this freaky looking bird on your sight for a christian academy.  Wouldn't a nice dove be more appropriate LOL  that thing looks evil 

http://209.85.173.132/search?q=cache:h0XbwdeHDegJ:www.christianacademy.org/+church+of+christ+solano&cd=3&hl=en&ct=clnk&gl=us

The "pray" part gets me. But this isn't the right one. It has the wrong address

Solano Christian Academy
Address:
2200 Fairfield Ave.
Fairfield Ca 94533
Phone:
707/425-7715
Fax:
707/429-2999
Daycare After Hours Emergency Phone:
707/344-4756


I'm looking for the one at the 165 Leisur Way address.

[Deenie]

looks like it might be tied to this christian academy.. why would you put this freaky looking bird on your sight for a christian academy.  Wouldn't a nice dove be more appropriate LOL  that thing looks evil 

http://209.85.173.132/search?q=cache:h0XbwdeHDegJ:www.christianacademy.org/+church+of+christ+solano&cd=3&hl=en&ct=clnk&gl=us

The "pray" part gets me. But this isn't the right one. It has the wrong address

Solano Christian Academy
Address:
2200 Fairfield Ave.
Fairfield Ca 94533
Phone:
707/425-7715
Fax:
707/429-2999
Daycare After Hours Emergency Phone:
707/344-4756


I'm looking for the one at the 165 Leisur Way address.

Church of Christ-Solano
165 Leisure Way,
Vacaville, CA 95687

?? Vacaville is to a Name we have been searching within - I do recall Vacaville.

[Brenda in KY]

DD, not sure if you've seen this or not....

« up

298 F.2d 899

Andrew D. SHERMAN, Appellant,
v.
Violet Jean LAWLESS, Administratrix of the Estate of James
L. Lawless, Deceased, Appellee.

No. 16789.

United States Court of Appeals Eighth Circuit.

Feb. 5, 1962, Rehearing Denied March 6, 1962.

L. J. Tierney, Omaha, Neb., for appellant and was on the brief.

George B. Boland, Omaha, Neb., for appellee and Clarence R. Sowers, Wichita, Kan., Richard L. DeBacker, Grand Island, Neb., and A. Lee Bloomingdale, Omaha, Neb., were with him on the brief.

Before SANBORN and VAN OOSTERHOUT, Circuit Judges, and GRAVEN, Senior District Judge.

VAN OOSTERHOUT, Circuit Judge.
1

Defendant appeals from final judgment entered against him in plaintiff's wrongful death action tried to the court without a jury. Plaintiff, Violet Jean Lawless as Administratrix of the Estate of James L. Lawless, Deceased, brought this action to recover for the wrongful death of James L. Lawless, alleged to have been proximately caused by the negligence of the defendant in the operation of his truck and trailer at a point on U.S. Highway No. 281, five miles north of Grand Island, Nebraska, about 3:30 a.m. on September 12, 1958.
2

Jurisdiction, based upon diversity of citizenship and the requisite amount, is established.
3

Defendant admits that he was operating his truck on the highway at the time and place alleged, but denies that he was guilty of any negligence which in any way proximately caused the injury resulting in the death of Mr. Lawless. Defendant denied that his truck hit Mr. Lawless and that he inflicted the injuries causing Mr. Lawless' death. By way of affirmative defense, defendant asserted that Lawless was guilty of negligence more than slight in lying in a prone position on the traveled portion of the highway, dressed in dark clothing, on a dark night, and that his injuries were caused by his own negligence or by some unknown aggressor.
4

This case was tried to the court without a jury, no jury having been requested by either party. The court, after hearing all the evidence, filed findings of fact and conclusions of law and entered judgment for the plaintiff. This appeal followed.
5

The errors relied upon by defendant for a reversal may be summarized as follows:
6

1. There is no substantial evidence that defendant was guilty of any negligence which proximately caused the accident.
7

2. There is no substantial evidence to support the court's finding and conclusion that defendant's truck or trailer struck and injured Mr. Lawless, or in any event there is no substantial evidence to support the finding that the injuries causing Mr. Lawless' death were inflicted by defendant's truck or trailer.
8

3. The evidence conclusively shows that Mr. Lawless was guilty of contributory negligence more than slight, such as would defeat any right to recover damages.1
9

This case presents a most unusual factual situation. It is established that during all times here material, Mr. Lawless was lying in the middle of the north bound traffic lane of Highway No. 281, at a point about five miles north of Grand Island, Nebraska. He was lying on his left side with his head to the north, and facing east. His body was approximately parallel to the edge of the pavement. He was dressed in dark clothing. The night was dark. The pavement was asphalt and had been patched in places, which patches appeared as dark splotches.
10

Defendant left Grand Island about 3:00 a.m. on the morning of the accident with his truck and trailer, which with their load weighed approximately 19,000 pounds, to deliver some farm machinery to South Dakota. From the outskirts of Grand Island to the point of the accident, he was following an unloaded Chevrolet panel bread truck operated by Mr. Downing. Defendant was traveling at a speed of just under fifty miles per hour and his headlights were on law beam, illuminating the highway some 15 feet ahead of him.
11

The bread truck driver had his bright lights on. As he approached the object, which turned out to be decedent's body, he braked his truck, then first started to turn to the right, and then turned to the left, avoiding all contact with decedent's body. As he did so, his brake lights flashed. Mr. Downing cannot say how far he was away from the body when he first discovered its presence on the pavement.
12

Mr. Downing, after passing the body, stopped his bread truck and through his rear mirror saw defendant's truck as its wheels straddled Lawless' body. Defendant and Downing immediately got out of their vehicles and went to Mr. Lawless and found him to be unconscious. Both testified that the body appeared to be in substantially the same position after the accident as before. Mr. Lawless never regained consciousness, and died that afternoon.
13

The findings of fact signed by the trial court, which were prepared by plaintiff's counsel, appear to be very general in form. There is a finding that the defendant was guilty of negligence but there is no finding as to the specific type of negligence. No purpose will be served in considering the numerous specifications of negligence discussed by counsel and the evidence relating thereto. While the evidence bearing upon defendant's negligence is far from conclusive,2 we shall assume for the purpose of this case that the court was justified in finding defendant guilty of negligence in some respect in the operation of his truck.
14

The burden is upon plaintiff to prove the essential elements of her cause of action by a preponderance of the evidence. In addition to proving negligence, the plaintiff must prove 'that such negligence was a proximate cause of the accident, and that damages were caused as a result together with the extent thereof.' Johnsen v. Taylor, 169 Neb. 280, 99 N.W.2d 254, 261.
15

In the case just cited, the court upheld the direction of the verdict for the defendant, stating in part:
16

'The evidence of damages is required to be direct and certain. Proof that damage might or could have been caused or was probably caused by the accident is not sufficient to sustain a verdict for a claimant. Such evidence is not of the quality required to satisfy the burden of a claimant to establish by a preponderance of evidence an injury and the extent thereof.' 99 N.W. 262.
17

The court in support of its holding cites and quotes from Bitler v. Terri Lee, Inc., 163 Neb. 833, 81 N.W.2d 318, 319, and Welstead v. Jim Ryan Const. Co., 160 Neb. 87, 69 N.W.2d 308, 309.
18

Thus it is essential for plaintiff in order to recover to prove that the injury causing Mr. Lawless' death was inflicted by defendant's truck. It is established by expert medical testimony, as the trial court properly found, that death was caused by a severe brain injury. The trial court found such injury was caused by defendant's operation of his truck. Defendant challenges the sufficiency of the evidence to support such finding. The crucial question presented is whether there is substantial evidence to support the finding of the court that the truck caused the brain injury that resulted in Mr. Lawless' death.
19

We recognize that the testimony of the examining physician shows that decedent had received many injuries in addition to the brain injury, including laceration of the rectal area extending into the abdomen, fractured ribs, numerous brush burns, lacerations and bruises, as well as other injuries. However, there is no proof that any injury except the brain injury caused death.
20

Under well-established standards for review of findings of fact by the trial court sitting without a jury, the trial court's findings must be accepted unless they are clearly erroneous. The trial court's findings cannot be upset if they are supported by substantial evidence. For the purpose of determining the sufficiency of the evidence to support the judgment, we must of course view the evidence in the light most favorable to the prevailing party, here the plaintiff, and give such party the benefit of all inferences that may reasonably be drawn from the evidence. Plaintiff may establish her case by circumstantial evidence as well as by direct evidence. However, the evidence must be such as to make the plaintiff's theory of causation reasonably probable, not merely possible. Johnsen v. Taylor, supra. It the proven facts go no further than to give equal support to two inconsistent inferences, the judgment must go against the party upon whom rests the burden of proof. See Ford Motor Co. v. Mondragon, 8 Cir., 271 F.2d 342.
21

There is no direct evidence establishing that decedent's injuries were inflicted by defendant's truck. The testimony of Mr. Downing, who observed the movement of defendant's truck, is that defendant's truck successfully straddled the body.
22

The circumstantial evidence affords no reasonable basis for supporting the finding that defendant's truck inflicted decedent's fatal brain injury. On the contrary, the circumstantial evidence negates plaintiff's theory that substantial contact between the truck and the decedent took place, as is demonstrated by the following items:
23

1. The minimum clearance of the truck and trailer, as established by the evidence and found by the court, is not less than 10 1/2 to 11 inches. Decedent was 'tall and very slender.' He was 6 feet 3 inches tall and weighed only 150 pounds. Under such circumstances, it is entirely possible for defendant's truck to pass over the body without inflicting substantial injury. No basis exists for an inference from such physical facts that decedent of necessity must have been fatally injured when the truck passed over him.
24

2. Defendant's testimony is that he neither felt nor heard any impact as the truck passed over the body.
25

3. There were no wheel marks or grease or dirt stains from the truck undercarriage on decedent's person or clothing or any physical evidence connectin his injurie with the truck.
26

4. Two highway patrolmen who went to the scene of the accident inspected the undercarriage of the truck at the scene with a flashlight and again in daylight several days later and could find no blood marks or any other evidence that the undercarriage had come in contact with the man.
27

5. Although decedent had numerous brush marks and lacerations, the partrolmen could find no evidence of any scuff marks or scrapings on the pavement.
28

6. The testimony of Downing and defendant, the only eye witnesses, is that decedent was in substantially the same position on the pavement after defendant's truck had passed him as he was before.
29

7. Defendant was traveling north. Decedent was at all times material lying approximately in the middle of the north bound traffic lane with his head to the north. Thus, his head was the last portion of the body passed over. The head is smaller than the body and clearance adequate for the body would appear to be sufficient to afford clearance for the head.
30

8. Defendant and Downing, as a result of their observations immediately after the incident, both testified that there was a large blood pool about 12 inches in diameter on the east half of the pavement, about 10 feet south of the position of the decedent's body. No such blood pool was in evidence at the point of the body. Suich testimony was coroborated by officer McFall. Officer French confirmed the existence of the blood stain but said it was 10 feet north (rather than south). The trial court found the blood stain was to the north. If such finding is warranted, the blood stain was at a point that the decedent's body never reached as a result of the accident. If the substantial blood stain was to the south, it could hardly have been caused by injuries inflicted by the defendant. A doctor's testimony is that some time would be required to accumulate a blood stain of the size described. Such amount of blood could not possibly accumulate in the brief interval during which defendant's moving truck might have been shoving the body forward.
31

9. Decedent's attending physician testified that decedent would not be ambulatory after receiving the brain injury. The physician who performed the autopsy was unwilling to say that the injuries he found would have made it impossible for decedent to have crawled some distance.
32

10. A prior disabling injury appears to be a reasonable explanation for decedent's presence in a hazardous position, lying prone in the middle of defendant's traveled lane on a primary highway.
33

Decedent on the night of the accident was last heard from directly by his sister by means of a telephone call made to her from a tavern in Grand Island. Decedent asked her to drive his wife and boys to Hastings by daylight. He said he felt a little under the weather, and that he had traveled to Grand Island with a number of other guys, who went off and left him and that he would either have to hitch hike or walk back to Hastings. He also said he almost got into a fight but did not say with whom. Hastings is about 25 miles south of Grand Island. Decedent in his injured condition was found 5 miles north of Grand Island. The only other possible testimony relating to decedent's whereabouts is that of Mr. Hogins who was traveling south to Grand Island on the highway in question, about 3:00 a.m. Mr. Hogins met defendant as he was leaving Grand Island in his truck. Mr. Hogins stated as a witness that he encountered an unidentified man on the highway about 5 miles north of Grand Island; that the man was walking from the east side of the highway, northwest toward his car; that Mr. Hogins was frightened and pulled to his right and avoided hitting the man. The trial court in its findings, among other things, states:'As the defendant got within 75 feet of the man, he could see the clothing on the pavement. When he got within 50 feet of the man, he could see the outline of his leg. He could see that the man was lying on his left side. As he approached closer, he could see the man's features and that he had a satisfied look on his face. He did not see any blood or injuries of any kind on the man's face at that time.'
34

Defendant testified 'when he was 50 feet away, he then saw the form of a person's leg. It was at this point about 50 feet away when he saw that it was a human being when he saw the leg, and then the next thing he saw the man raise his leg or his face or it seemed to, and then he went, because of the radiator of the truck, out of view. * * * It seemed as though he raised his head just a little bit.'
35

Upon the basis of such testimony, the plaintiff contends that substantial evidence exists that the man was uninjured and conscious immediately before the truck passed over him. Plaintiff also relies upon the statement by defendant made to a patrolman that he knew the undercarriage would strike the decedent. However, in connectioin with this statement, he also said that he felt or heard no impact as the truck passed over the body.
36

Our examinatioin of the entire record convinces us that there is no substantial evidence to support the trial court's finding that the fatal brain injury was inflicted by defendant's truck. Plaintiff, having failed to meet the burden imposed upon her to prove this essential element of the cause of action, is not entitled to recover.
37

We observe that this is not a case involving joint or concurring negligence. Whatever force caused any prior injuries to decedent on the highway had come to an end before defendant's truck came upon the scene. In Weisenmiller v. Nestor, 153 Neb. 153, 43 N.W.2d 568, 572, the Nebraska court thus states the rule that applies:
38

'In that connectioin, this is not a case involving joint or concurring negligence of two or more persons thus imposing liability upon defendant as a joint tortfeasor. If defendant is liable to plaintiff for injuries and damages, he is liable for only such as a preponderance of the evidence shows that plaintiff sustained as a proximate result of defendant's negligence as distinguished from those, if any, caused by others. In other words, if defendant negligently operated his car and thereby proximately caused injuries to plaintiff, then defendant is liable to respond in damages for the injuries inflicted by his car.'
39

Moreover, if contrary to what we have heretofore said, an evidentiary basis can be found for supporting the contention the defense. Nisi v. Checker Cab suffered the disabling, fatal brain injury prior to the arrival of defendant's truck, we would be compelled to uphold defendant's contention that decedent was guilty of negligence more than slight as a matter of law.
40

Under Nebraska law, contributory negligence is an affirmative defense and the burden is upon defendant to establish the defense. Nisi v. Checker Cab Co., 171 Neb. 49, 105 N.W.2d 523.
41

Here the evidence conclusively establishes that decedent, as defendant approached, was lying on the traveled path of traffic on a primary highway, on a dark night, in dark clothing. Decedent's action in assuming such a hazardous position, if done voluntarily, would manifest a very high disregard for his own safety, and such conduct, in the absence of any reasonable explanation or excuse therefor, would in our view establish contributory negligence more than slight as a matter of law.
42

The judgment appealed from is reversed.
1

Other errors are asserted but are not set out as consideration of such errors is not reached, because of the view that we take upon the errors set out
2

See Adamek v. Tilford, 125 Neb. 139, 249 N.W. 300, 301; Weisenmiller v. Nestor, 153 Neb. 153, 43 N.W.2d 568, 571

CC∅ | Transformed by Public.Resource.Org


http://bulk.resource.org/courts.gov/c/F2/298/298.F2d.899.16789_1.html

[doubledecker]

so far I don't recognize that violet or james.  but I do have some lawless names I am working on in wichita KS. 
I will put this in my "notes" file in case I hook up to it later.  I am very interested in anything Wichita or the surrounding area.  I have researched a "lawless" murder there for several years. I am now wondering if she connected somewhere.  I had always thought she was an unknown BTK victim.  Now I am going to go back and see if she connects to any of these other lawless names we have.  Also there is a Gary lawless in wichita and belle plaine.  So maybe this fits with those?

[Blink34]

Blink

You have Clout what if you write to the people in charge of this website -

http://www.stopbaptistpredators.org/htm/Contact.html

And ask them if they Know of any Connections and or can provide You with factual Info that would be related to the Lawless and or churches within the history of the Lawless.
Just thinking of that .. I think it would be a reasonable request for them to answer.
Like TracyGirl said " YOU Never Know".

K

LOL, dont know about the clout part, my kids leave their towels on the floor half the time so probably not.
Thanks for the suggestion, I made contact with Christa Brown. I will post anything noteworthy.
Thanks Deenie
B

[Deenie]

Blink

You have Clout what if you write to the people in charge of this website -

http://www.stopbaptistpredators.org/htm/Contact.html

And ask them if they Know of any Connections and or can provide You with factual Info that would be related to the Lawless and or churches within the history of the Lawless.
Just thinking of that .. I think it would be a reasonable request for them to answer.
Like TracyGirl said " YOU Never Know".

K

LOL, dont know about the clout part, my kids leave their towels on the floor half the time so probably not.
Thanks for the suggestion, I made contact with Christa Brown. I will post anything noteworthy.
Thanks Deenie
B

Blink that Works
You never know what may come of You and her Connecting. We all know everything with Sandra's case revolves around the Church.
Blink I am working on a new contact myself for help. I am hoping ~ fingers crossed.
If you don't ask you wont receive an answer right ........

I love the fact you mention your kids and towels .. Thats why WE all feel so connected to you. Your not in this " Swirl" of media for finding the truth for Your Notoriety .. Your  a MOM who has a Heart and Passion for what's Right.  So Keep On Rockin the Boats and doing what your doing. I know people give you heat and think that they " know you" and post some not so nice things .. I say tell them to bug off ..They just can't handle what is before them. Too Bad so sad for them.
So Happy Mom's Day early Blink. 

[Blink34]

This is also corrected now:

Thomas Byrd Lawless
b 1795 in Halifax Con, VA
D 2 May 1887 Patrick Co, VA

Marriage 1 26 Dec 1814 Partrick, VA Mary Polly Spencer D 1830 daughter of William Spencer

Marriage 2  10 Oct 1826 Patrick, VA Zelphe Zina (Zentha) Keaton parents William Keaton and Anna Haile (Hale)
B abt 1807
D 1855

Children

Child 1 Francis Marion Lawless
Born, 16 April, 1830, in Patrick County, Va
Died 8 August, 1862

Married 11 February, 1857, in Patrick County, Virginia

Cinthia  (Zenia)  J. Keaton
B 1836
   Child 1 Joseph H Lawless
   B 1860

Child 2 Louisa (Lucy) A Lawless
b.1833 Patrick, VA
D 1900 Patrick, Va

Married 9 Dec 1860

James Sheldon Pedigo
B 9 Nov 1828
D 4 Feb 1900 
   Children :
   James Pedigo
   Pheobe Agnes Pedigo
   Pocahontas Pedigo (twin to Pheobe)
   Daniel Thomas Pedigo

Child 3 Andrew Jackson Lawless
Born, 16 April, 1830, in Patrick County, Va
Died May 16, 1864

Married 2 January, 1862, in Patrick County, Va.

Harriet E. McGhee

Child 4 George Washington Lawless
b May 1833 Patrick County Virginia
d Apr 1905., Patrick , Virginia

married 13 Aug 1863

Rosanna Washburn, B 1847 died in 1902 daughter of Thompson C. Washburn and Louisianna Stegall

They lived and farmed in Patrick County, and raised nine children
MORE

Child 5 Thomas Jefferson Lawless
Born 15 August, 1840

Married 2 March, 1862 in Patrick County, Va.

Sally Ashby, daughter of James Ashby and Mary Carter

   Children:
   George Washington Lawless
   Alicia Lawless
   William Lawless

Child 6 McNealy (Mack) A Lawless
b. 16 Feb. 1846
died 12 oct. 1908

married in 1864

Sarah Ann Nicholas

   Children:
   James Lawless
   Minnie Lawless
   Walter Lawless
   Frank Lawless
   Violet Lawless

Child 7 Susannah H. Lawless
b: Abt. 1847
d abt 1931

Married 15 Jan 1871
J Samuel Rodger

ok I am still off here, I find polly spencer married to thomas who is married to zina.

my thomas byrd lawless marries susannah thomas

These are two different people

Thomas Byrd Lawless married Polly Spencer and Zina

Bird Lawless B abt 1759 d 7 jun 1845 Howard,MO married Susannan Thomas on 24 Noc 1759 she was the daughter of William Thomas. 

I did not know if I should snip this but I wanted to address 'Violet". Violet is James L. Lawless sister.
That said, I cannot find his obit from September 12, 1958.

Brenda from Kentucky.. nice Job and welcome to the cage!

Now, did y'all read that?
Suicide or murderered before he was put in the road. No doubt in my mind.   

[Blink34]

Faith A. Lawless
CRAB ORCHARD - Faith Ann Lawless, 6 weeks of age, of Crab Orchard died Friday at University of Kentucky Chandler Medical Center, Lexington.
Born Jan. 23, 1999, in Danville, she was the daughter of Tony and Sue Ann Crowe Lawless of Crab Orchard.
Additional survivors include a maternal grandfather, John Thomas Crowe of Stanford; a maternal grandmother, Mary Jane Pike of Waynesburg; a maternal great-grandfather, Charlie Crowe of Hustonville; and a paternal grandmother, Helen Lawless of Crab Orchard.
A graveside service will be held at 12:45 p.m. today at Double Springs Cemetery, Waynesburg, by Brad King.
Visitation is 11 a.m.-noon at McKnight-Martin Funeral Home.

http://www.obitcentral.com/obitsearch/obits/ky/ky-boyle126.htm
March 5, 1999

[doubledecker]

I have been over here still sorthing info into categories so it will be easy to see who is with who and also easy to search for a name to see if they match.  This is a long drawn out process.  If these people would quit changing their names, getting married 3 or 4 times, and quit just moving off and disappearing, this would be a lot easier

Its driving me crazy trying to figure out where Gary D Lawless is.  Pretty soon I will just call his brother and ask him "Hey, where is your dad"   

[Brenda in KY]

I did not know if I should snip this but I wanted to address 'Violet". Violet is James L. Lawless sister.
That said, I cannot find his obit from September 12, 1958.

Brenda from Kentucky.. nice Job and welcome to the cage!

Now, did y'all read that?
Suicide or murderered before he was put in the road. No doubt in my mind.   

Thanks Blink

I thought it sounded like he was deceased and put out in the middle of the road.  I have searched for more info on him....obit, news articles or whatever and I have found nothing, but I'll keep looking.

I am trying to find a Hawaiian link to some of these people.....hopefully, I will.

[Blink34]

Prepare to hurl.

http://www.npr.org/templates/story/story.php?storyId=6625955

In southwest Missouri, police are investigating allegations of child sexual abuse involving church leaders and church members. Prosecutors in two counties say there are multiple victims and similar patterns of abuse.

Some of the alleged sexual contact may have been committed as part of a ritual or ceremony, crimes that are rare in the United States. NPR has reviewed extensive legal documents in these cases over several months and also talked to most of the accusers, as well as some of the accused.

The area of Missouri where the cases surfaced has been home to extremist and fringe groups in the past. Data show that a high number of cases of child sexual abuse in the same area are reported annually to the Department of Social Services. What makes this story different is that almost all the accusers — five so far — and the accused — five in total — are related by blood or marriage.

Newton County's Assistant Prosecuting Attorney Bill Dobbs says complicated family ties are involved in the cases.

"We have, in McDonald County, Raymond Lambert, who is married to his stepsister," Dobbs says. "We have George Johnston, who is an uncle to Raymond Lambert. It is alleged by some members of that community that the religious leaders may, in fact, be the biological parents of several children who have been born into this group."

Our story focuses mostly on the pastors Raymond Lambert and his uncle George Johnston. Both men are charged with multiple counts of statutory sodomy or child molestation. Pastor Lambert led his flock on a 100-acre farm. Pastor Johnston led his on a 10-acre farm. They ministered in the family's Grand Valley Independent Baptist Church.

A Close-Knit, Isolated Community

Earlier this year in the spring, 10 people secretly moved out of the 100-acre farm. Most of those left behind were shocked, since members of the religious community were unusually close.

A woman who left with this group agreed to be interviewed, but only on condition of anonymity. NPR agreed to this because she fears for her and her family's safety. She is also an alleged victim named in one of the child sexual-abuse cases. The woman, in her late 20s, says she fled because she realized her extended family was behaving like a religious cult.

"They operate in a cult-like fashion," she tells NPR. "Raymond Lambert sets all the rules for the people who live there. He tells you what to go to school for, he tells you who to marry. He basically controls your life."

Former residents of this religious commune say non-church members were kept at arms-length. While children were home schooled, adults did have jobs outside of the farm. Some worked at Wal-Mart's headquarters in nearby northern Arkansas. The anonymous woman says Pastor Raymond Lambert told her to study music in college, so she became a music teacher.

One day last year, while surfing the Internet, she accidentally came across a cult-awareness Web site. The Bible-based cults she read about began to sound as if they were pages out of her own life. Alarmed, she contacted a California rabbi linked to the Web site. She says he counseled her for months, and in April of this year, she finally found the courage to leave everything she once believed in. Pastor Raymond Lambert not only controlled her, she says, but he also used his role as a minister to sexually molest her.

'This Was Her Way to Heaven'

"The first incident started with taking my clothes off when I was 15 years old," she said. "He touched me from head to toe, every part of my body, and told me that this body belongs to God. And the only way that I could subject myself to God is to give my body to Raymond, who is God in the flesh."

She grew up on the farm, passionately believing in God and church, trusting that her sexual relationship with Raymond Lambert would bring her closer to God.

"I believed that it was right, and that it was OK," she said. "I didn't feel like I needed to tell anybody, because I was believing in that at the time."

In June, she filed child sexual-abuse charges against Raymond Lambert. Not long after, Missouri police began to investigate other church leaders in the community, including Pastor George Johnston, an uncle of Raymond Lambert.

Mike Barnett, Newton County's child-abuse investigator, says another alleged victim, a 17-year-old girl, told him that Johnston sexually abused her, beginning when she was 8 years old.

"It became worse at about 12," Barnett says, referring to the 17-year-old's case. "He would tell her that he was ordained by God, that this was her way to heaven, and that she needed to give her body to him."

Barnett says he investigates child abuse all the time, and cases involving religion are rare. In a police statement, he says 63-year-old pastor George Johnston told this alleged victim that even if she had sexual intercourse with him, she would remain a virgin. In neighboring McDonald County, the state alleges that Johnston gave "angel kisses" to this same young girl, where the kiss would involve touching and fondling of her breasts and other inappropriate areas.

Allegations Heard in Court

At a preliminary hearing in October, another alleged victim, 20-year-old Mackenzie Kyle Amey, took the stand in the Newton County courthouse. Assistant Prosecuting Attorney Bill Dobbs asked her what happened in the winter of 1998, when she was 12.

"I was starting to develop or go through puberty," Amey said, "and I had some stretch marks coming, and he told me that he could heal them for me, and he touched my breasts."

On the stand, Amey alleged that Pastor George Johnston, whom she used to call Grandpa, was going to teach her algebra, but instead, "he touched me on my breasts and my vagina."

Months before these allegations, families in the religious community were coping with other disturbing news, says Amey Burkett, who grew up on the 100-acre-farm.

"In April, I learned that my grandfather thought that his daughters needed taking care of spiritually," Burkett tells NPR. "And so in order to do that, in order to keep his daughters, he had sex with them. He then went on to father a child for most all of his daughters, or his daughter-in-laws [sic]."

Her grandfather was the late Cecil Epling, a minister originally from Ohio. According to Burkett, Epling wanted his seven sons and four daughters to become a tight-knit community, so he helped buy them the Missouri farm. When Epling died, his stepson, Raymond Lambert, took over the ministry. George Johnston later joined the family's church.

Family members say Cecil Epling passed his sexual beliefs to both pastors, teaching them that they needed to fulfill the sexual needs of their daughters and selected girls in the church.

"What's inside of them is God, and they think that they have all the power, all that it takes to take care of a woman," Burkett says.

Taking care of a woman meant having sex with her, in some cases from early childhood on. Burkett said that Pastor Raymond Lambert believes that women should be put in their place to make them humble. Burkett said that this usually required stripping off clothes.

"He would always say, if you're spiritually hindered, it's one of two things: your mind or your flesh," Burkett said of Lambert. "By taking off your clothes, and knowing that you weren't ashamed of your body, it did feel like it set you free. And I know that sounds weird. A lot of things sound weird to me now. But it didn't then."

Pastors Deny All Charges

Lawyers for Raymond Lambert and George Johnston say each of their clients deny every charge made by the alleged victims.

"No one has begun to question, why are you talking now?" says defense attorney Dwayne Cooper, who represents Raymond Lambert and his wife, Patty Lambert. "What are their motives in coming forward at this time, all of them simultaneously?"

Pastor George Johnston's attorney, Andy Wood, said the allegations have hit his clients hard.

"George and his wife are just absolutely devastated," Wood said. "This has come out of nowhere. These kids that they did think of as being their grandchildren — now these kids have made these just horrible, horrendous accusations against him. And obviously, it's ruined their whole life."

I met Pastor Johnston at a preliminary hearing for one of three child sexual-abuse cases against him. He's a balding man, with a moustache and pasty skin. During the hearing, he sat solemn and devoid of expression, rarely looking up at anyone in the courtroom. When I ask him about the charges against him, he declines to speak, referring me to his lawyer.

Lawyers for Pastor Lambert and his wife, Patty, agreed to let me talk to their clients, but with substantial restrictions. I was allowed only to ask about life on the farm, and how the allegations have affected them.

Raymond Lambert is charged with seven counts of statutory sodomy or child molestation in McDonald County. Patty Lambert is charged with child molestation.

In a soft voice, Pastor Lambert describes his life: "You wake up one day and things have all changed. And the whole world now seems to be looking at our lives, and they're accusing us. We've been tried and sentenced in the media already."

Lambert says he loves every person who left the 100-acre farm, including those now accusing him of child sexual abuse. He says the allegations have been tough for his entire congregation.

"God said he was going to try us," Lambert said. "The only problem of it is, we never thought we'd be tried in such a way." While he speaks, his wife Patty holds his hand tightly.

"Everyone that lived there by choice would build, and we would watch each other's children as we went out to work," Raymond Lambert says, recalling life on the farm. "And it was a place of a community — it was not something of a forced thing."

'They're Not Fearing Me'

Raymond and Patty Lambert say families left the farm not because they feared Raymond, but because of rumors that the FBI or other authorities might take children away from families and put them into foster care.

"They're not fearing me. That's not what this is about," Raymond Lambert says.

Patty Lambert adds, "The fear came from the outside. I have no great fear of these charges, because I'm going to trust my God all the way through it."

Raymond Lambert nods his head in agreement.

"If our love and our truth about one another, and about what God has given us — and about our relationship, my wife and I — hadn't been based on something true and strong, this would have tore our life apart," Raymond Lambert says.

"But thanks be to our lord that our love is stronger," he says. "We stand together and we believe as one that our lord is going to make a way, as he's made a way and going to make a way for all those that have left."

The child sexual-abuse allegations have affected more than 30 families. One trial date has been set for Pastor George Johnston in February. No matter what the legal outcome of any of these cases, this community that so many believed in for decades is gone.

 
Related NPR Stories

[doubledecker]

see this is the thing.  they stay in tight-knit groups, usually family.  They are raised like this and the "BELIEVE" this is the way it is suppose to be.  It takes only a couple of real screwballs to mix "religion" with their "craziness" and you have this huge quasi-religious group who does not trust "outsiders" so they isolate everyone and no one ever knows what is going on until one of them decides they want out.  Or until something crazy happens like "melissa huckaby".  And how many times does this happen before the authorities and the public figure out what is going on. 
They says in the above article that this is RARE; rare my "rear", this goes on all the time and has been going on forever.  No one hears about this stuff until someone gets caught killing someone, then put it off on some "crazed individual" who just flipped out.  The person is arrested, goes to prison, and the rest of the group of people continue on as some "religious" group who just can't understand what happened.  GRRR!!!  It's about time people woke up and realized this is NOT rare, it is going on all over the place and will continue to go on until people believe it is true.  Okay, I don't normally talk too much, and this is why.  I am sick of people saying this is rare and that ONE person is just nuts who does this stuff.  They aren't "nuts".  They either grow up in this kind of atmosphere believeing what they do is some kind of "spiritual" "something" or they are sucked up into it on the pretense of something else and then once involved they believe it is all what is suppose to be, or they are too scared to say anything and get out. 

okay, I am going back to the genealogy, which by the way, ties these same families all the way back, so intertwined it is unbelieveable.  They all come out of Canada back a few generations.  So what do we have way back there in Canada?  Is there some "remnant" of them back there?  maybe we should check.  some of these people who are 50-60 years old came out of canada, and a lot of their parents did also.  So while we are tracing famliy lines back to canada, maybe we should be tracing lifestyles as well. 

We know that clifford lane lawless married his wife connie, and her father AA Harris was his mentor.  we know how this family started so many churches, which see "hokie as heck".  So is it just Harris family who Clifford Lane Lawless got invovled with, or is it the lawless family tied to Harris family long before that.  Once we get the lawless line pretty much together, maybe we should start tracking the harris line back. 

[JessStar]

Prepare to hurl.

http://www.npr.org/templates/story/story.php?storyId=6625955

In southwest Missouri, police are investigating allegations of child sexual abuse involving church leaders and church members. Prosecutors in two counties say there are multiple victims and similar patterns of abuse.

Some of the alleged sexual contact may have been committed as part of a ritual or ceremony, crimes that are rare in the United States.

For NPR to report this as a "rare" crime is BLATANT misinformation.  As long as the media keeps portraying this as being RARE, people will continue to think that reports of these incidents are an anomaly, AND THEY AREN'T!  I've made several posts within the last week that referenced similar crimes. In one post, I referenced a recent case where leaders of two obscure churches in the Ozarks woods were accused of ceremonially abusing girls, preparing them for "service to God" by molesting them.   What about Warren Jeffs?  What about the YFZ Ranch in Texas?  What about WACO and David Koresh (where affidavits filed with the DOJ show that ritual child sexual abuse on girls as young as 10 years old was commonplace!  After the Waco incident, one young girl was asked how she felt when her mother dropped her off at a motel room to have sex with David Koresh when she was TEN YEARS OLD. You know what she said?  She said scared, but privileged.  Think she was brainwashed? Think her mother was brainwashed?  Think it was ritual for these sick SOBs to suggest to a young girl that the passageway to God is through sexual relations with an adult?"  http://www.usdoj.gov/05publications/waco/wacoseven.html)  What about the Catholic sex abuse scandals?  Give me a break!!!!

So there's part of the problem people.  The media wants us to believe these crimes are rare for whatever reason.  They are not, plain and simple. We've seen example after example of child abusers that hide behind the cloak of the clergy and who brainwash their victims into thinking they're doing it for God.  This sickens me to N^th degree.  If society knew just how prevalent this is, it would rise up against it and DEMAND ACTION!  But as long as it continues to be suppressed, society will continue to think "Problem Solved!" when one of these "churches" gets busted.

[JessStar]

Oh, and one more thing--we'll continue reading things like this:

Sex Offender Accused Of Molesting Girls

FOX40 News

May 8, 2009

A registered sex offender from Marysville is behind bars, accused of molesting two young girls.

63-year-old Gerald Burbank was arrested at his home Thursday night.

Police say he sexually abused two girls repeatedly over the last six years.

The victims are now 12 and 13.

Burbank has already served time for lewd acts with a child under 14.


http://www.fox40.com/pages/landing_local_headlines/?Sex-Offender-Accused-Of-Molesting-Girls=1&blockID=286261&feedID=190

[doubledecker]

This is also corrected now:

Thomas Byrd Lawless
b 1795 in Halifax Con, VA
D 2 May 1887 Patrick Co, VA

Marriage 1 26 Dec 1814 Partrick, VA Mary Polly Spencer D 1830 daughter of William Spencer

Marriage 2  10 Oct 1826 Patrick, VA Zelphe Zina (Zentha) Keaton parents William Keaton and Anna Haile (Hale)
B abt 1807
D 1855

Children

Child 1 Francis Marion Lawless
Born, 16 April, 1830, in Patrick County, Va
Died 8 August, 1862

Married 11 February, 1857, in Patrick County, Virginia

Cinthia  (Zenia)  J. Keaton
B 1836
   Child 1 Joseph H Lawless
   B 1860

Child 2 Louisa (Lucy) A Lawless
b.1833 Patrick, VA
D 1900 Patrick, Va

Married 9 Dec 1860

James Sheldon Pedigo
B 9 Nov 1828
D 4 Feb 1900 
   Children :
   James Pedigo
   Pheobe Agnes Pedigo
   Pocahontas Pedigo (twin to Pheobe)
   Daniel Thomas Pedigo

Child 3 Andrew Jackson Lawless
Born, 16 April, 1830, in Patrick County, Va
Died May 16, 1864

Married 2 January, 1862, in Patrick County, Va.

Harriet E. McGhee

Child 4 George Washington Lawless
b May 1833 Patrick County Virginia
d Apr 1905., Patrick , Virginia

married 13 Aug 1863

Rosanna Washburn, B 1847 died in 1902 daughter of Thompson C. Washburn and Louisianna Stegall

They lived and farmed in Patrick County, and raised nine children
MORE

Child 5 Thomas Jefferson Lawless
Born 15 August, 1840

Married 2 March, 1862 in Patrick County, Va.

Sally Ashby, daughter of James Ashby and Mary Carter

   Children:
   George Washington Lawless
   Alicia Lawless
   William Lawless

Child 6 McNealy (Mack) A Lawless
b. 16 Feb. 1846
died 12 oct. 1908

married in 1864

Sarah Ann Nicholas

   Children:
   James Lawless
   Minnie Lawless
   Walter Lawless
   Frank Lawless
   Violet Lawless

Child 7 Susannah H. Lawless
b: Abt. 1847
d abt 1931

Married 15 Jan 1871
J Samuel Rodger

ok I am still off here, I find polly spencer married to thomas who is married to zina.

my thomas byrd lawless marries susannah thomas

These are two different people

Thomas Byrd Lawless married Polly Spencer and Zina

Bird Lawless B abt 1759 d 7 jun 1845 Howard,MO married Susannan Thomas on 24 Noc 1759 she was the daughter of William Thomas. 

I did not know if I should snip this but I wanted to address 'Violet". Violet is James L. Lawless sister.
That said, I cannot find his obit from September 12, 1958.

Brenda from Kentucky.. nice Job and welcome to the cage!

Now, did y'all read that?
Suicide or murderered before he was put in the road. No doubt in my mind.   

omg, I can't believe what a dunce I am.    this is james H W Lawless LOL  James is CCL's grandfather LOL

Gee I must have been tired when reading this, saying I never heard of them   

[doubledecker]

DD, not sure if you've seen this or not....

« up

298 F.2d 899

Andrew D. SHERMAN, Appellant,
v.
Violet Jean LAWLESS, Administratrix of the Estate of James
L. Lawless, Deceased, Appellee.

No. 16789.

United States Court of Appeals Eighth Circuit.

Feb. 5, 1962, Rehearing Denied March 6, 1962.

L. J. Tierney, Omaha, Neb., for appellant and was on the brief.

George B. Boland, Omaha, Neb., for appellee and Clarence R. Sowers, Wichita, Kan., Richard L. DeBacker, Grand Island, Neb., and A. Lee Bloomingdale, Omaha, Neb., were with him on the brief.

Before SANBORN and VAN OOSTERHOUT, Circuit Judges, and GRAVEN, Senior District Judge.

VAN OOSTERHOUT, Circuit Judge.
1

Defendant appeals from final judgment entered against him in plaintiff's wrongful death action tried to the court without a jury. Plaintiff, Violet Jean Lawless as Administratrix of the Estate of James L. Lawless, Deceased, brought this action to recover for the wrongful death of James L. Lawless, alleged to have been proximately caused by the negligence of the defendant in the operation of his truck and trailer at a point on U.S. Highway No. 281, five miles north of Grand Island, Nebraska, about 3:30 a.m. on September 12, 1958.
2

Jurisdiction, based upon diversity of citizenship and the requisite amount, is established.
3

Defendant admits that he was operating his truck on the highway at the time and place alleged, but denies that he was guilty of any negligence which in any way proximately caused the injury resulting in the death of Mr. Lawless. Defendant denied that his truck hit Mr. Lawless and that he inflicted the injuries causing Mr. Lawless' death. By way of affirmative defense, defendant asserted that Lawless was guilty of negligence more than slight in lying in a prone position on the traveled portion of the highway, dressed in dark clothing, on a dark night, and that his injuries were caused by his own negligence or by some unknown aggressor.
4

This case was tried to the court without a jury, no jury having been requested by either party. The court, after hearing all the evidence, filed findings of fact and conclusions of law and entered judgment for the plaintiff. This appeal followed.
5

The errors relied upon by defendant for a reversal may be summarized as follows:
6

1. There is no substantial evidence that defendant was guilty of any negligence which proximately caused the accident.
7

2. There is no substantial evidence to support the court's finding and conclusion that defendant's truck or trailer struck and injured Mr. Lawless, or in any event there is no substantial evidence to support the finding that the injuries causing Mr. Lawless' death were inflicted by defendant's truck or trailer.
8

3. The evidence conclusively shows that Mr. Lawless was guilty of contributory negligence more than slight, such as would defeat any right to recover damages.1
9

This case presents a most unusual factual situation. It is established that during all times here material, Mr. Lawless was lying in the middle of the north bound traffic lane of Highway No. 281, at a point about five miles north of Grand Island, Nebraska. He was lying on his left side with his head to the north, and facing east. His body was approximately parallel to the edge of the pavement. He was dressed in dark clothing. The night was dark. The pavement was asphalt and had been patched in places, which patches appeared as dark splotches.
10

Defendant left Grand Island about 3:00 a.m. on the morning of the accident with his truck and trailer, which with their load weighed approximately 19,000 pounds, to deliver some farm machinery to South Dakota. From the outskirts of Grand Island to the point of the accident, he was following an unloaded Chevrolet panel bread truck operated by Mr. Downing. Defendant was traveling at a speed of just under fifty miles per hour and his headlights were on law beam, illuminating the highway some 15 feet ahead of him.
11

The bread truck driver had his bright lights on. As he approached the object, which turned out to be decedent's body, he braked his truck, then first started to turn to the right, and then turned to the left, avoiding all contact with decedent's body. As he did so, his brake lights flashed. Mr. Downing cannot say how far he was away from the body when he first discovered its presence on the pavement.
12

Mr. Downing, after passing the body, stopped his bread truck and through his rear mirror saw defendant's truck as its wheels straddled Lawless' body. Defendant and Downing immediately got out of their vehicles and went to Mr. Lawless and found him to be unconscious. Both testified that the body appeared to be in substantially the same position after the accident as before. Mr. Lawless never regained consciousness, and died that afternoon.
13

The findings of fact signed by the trial court, which were prepared by plaintiff's counsel, appear to be very general in form. There is a finding that the defendant was guilty of negligence but there is no finding as to the specific type of negligence. No purpose will be served in considering the numerous specifications of negligence discussed by counsel and the evidence relating thereto. While the evidence bearing upon defendant's negligence is far from conclusive,2 we shall assume for the purpose of this case that the court was justified in finding defendant guilty of negligence in some respect in the operation of his truck.
14

The burden is upon plaintiff to prove the essential elements of her cause of action by a preponderance of the evidence. In addition to proving negligence, the plaintiff must prove 'that such negligence was a proximate cause of the accident, and that damages were caused as a result together with the extent thereof.' Johnsen v. Taylor, 169 Neb. 280, 99 N.W.2d 254, 261.
15

In the case just cited, the court upheld the direction of the verdict for the defendant, stating in part:
16

'The evidence of damages is required to be direct and certain. Proof that damage might or could have been caused or was probably caused by the accident is not sufficient to sustain a verdict for a claimant. Such evidence is not of the quality required to satisfy the burden of a claimant to establish by a preponderance of evidence an injury and the extent thereof.' 99 N.W. 262.
17

The court in support of its holding cites and quotes from Bitler v. Terri Lee, Inc., 163 Neb. 833, 81 N.W.2d 318, 319, and Welstead v. Jim Ryan Const. Co., 160 Neb. 87, 69 N.W.2d 308, 309.
18

Thus it is essential for plaintiff in order to recover to prove that the injury causing Mr. Lawless' death was inflicted by defendant's truck. It is established by expert medical testimony, as the trial court properly found, that death was caused by a severe brain injury. The trial court found such injury was caused by defendant's operation of his truck. Defendant challenges the sufficiency of the evidence to support such finding. The crucial question presented is whether there is substantial evidence to support the finding of the court that the truck caused the brain injury that resulted in Mr. Lawless' death.
19

We recognize that the testimony of the examining physician shows that decedent had received many injuries in addition to the brain injury, including laceration of the rectal area extending into the abdomen, fractured ribs, numerous brush burns, lacerations and bruises, as well as other injuries. However, there is no proof that any injury except the brain injury caused death.
20

Under well-established standards for review of findings of fact by the trial court sitting without a jury, the trial court's findings must be accepted unless they are clearly erroneous. The trial court's findings cannot be upset if they are supported by substantial evidence. For the purpose of determining the sufficiency of the evidence to support the judgment, we must of course view the evidence in the light most favorable to the prevailing party, here the plaintiff, and give such party the benefit of all inferences that may reasonably be drawn from the evidence. Plaintiff may establish her case by circumstantial evidence as well as by direct evidence. However, the evidence must be such as to make the plaintiff's theory of causation reasonably probable, not merely possible. Johnsen v. Taylor, supra. It the proven facts go no further than to give equal support to two inconsistent inferences, the judgment must go against the party upon whom rests the burden of proof. See Ford Motor Co. v. Mondragon, 8 Cir., 271 F.2d 342.
21

There is no direct evidence establishing that decedent's injuries were inflicted by defendant's truck. The testimony of Mr. Downing, who observed the movement of defendant's truck, is that defendant's truck successfully straddled the body.
22

The circumstantial evidence affords no reasonable basis for supporting the finding that defendant's truck inflicted decedent's fatal brain injury. On the contrary, the circumstantial evidence negates plaintiff's theory that substantial contact between the truck and the decedent took place, as is demonstrated by the following items:
23

1. The minimum clearance of the truck and trailer, as established by the evidence and found by the court, is not less than 10 1/2 to 11 inches. Decedent was 'tall and very slender.' He was 6 feet 3 inches tall and weighed only 150 pounds. Under such circumstances, it is entirely possible for defendant's truck to pass over the body without inflicting substantial injury. No basis exists for an inference from such physical facts that decedent of necessity must have been fatally injured when the truck passed over him.
24

2. Defendant's testimony is that he neither felt nor heard any impact as the truck passed over the body.
25

3. There were no wheel marks or grease or dirt stains from the truck undercarriage on decedent's person or clothing or any physical evidence connectin his injurie with the truck.
26

4. Two highway patrolmen who went to the scene of the accident inspected the undercarriage of the truck at the scene with a flashlight and again in daylight several days later and could find no blood marks or any other evidence that the undercarriage had come in contact with the man.
27

5. Although decedent had numerous brush marks and lacerations, the partrolmen could find no evidence of any scuff marks or scrapings on the pavement.
28

6. The testimony of Downing and defendant, the only eye witnesses, is that decedent was in substantially the same position on the pavement after defendant's truck had passed him as he was before.
29

7. Defendant was traveling north. Decedent was at all times material lying approximately in the middle of the north bound traffic lane with his head to the north. Thus, his head was the last portion of the body passed over. The head is smaller than the body and clearance adequate for the body would appear to be sufficient to afford clearance for the head.
30

8. Defendant and Downing, as a result of their observations immediately after the incident, both testified that there was a large blood pool about 12 inches in diameter on the east half of the pavement, about 10 feet south of the position of the decedent's body. No such blood pool was in evidence at the point of the body. Suich testimony was coroborated by officer McFall. Officer French confirmed the existence of the blood stain but said it was 10 feet north (rather than south). The trial court found the blood stain was to the north. If such finding is warranted, the blood stain was at a point that the decedent's body never reached as a result of the accident. If the substantial blood stain was to the south, it could hardly have been caused by injuries inflicted by the defendant. A doctor's testimony is that some time would be required to accumulate a blood stain of the size described. Such amount of blood could not possibly accumulate in the brief interval during which defendant's moving truck might have been shoving the body forward.
31

9. Decedent's attending physician testified that decedent would not be ambulatory after receiving the brain injury. The physician who performed the autopsy was unwilling to say that the injuries he found would have made it impossible for decedent to have crawled some distance.
32

10. A prior disabling injury appears to be a reasonable explanation for decedent's presence in a hazardous position, lying prone in the middle of defendant's traveled lane on a primary highway.
33

Decedent on the night of the accident was last heard from directly by his sister by means of a telephone call made to her from a tavern in Grand Island. Decedent asked her to drive his wife and boys to Hastings by daylight. He said he felt a little under the weather, and that he had traveled to Grand Island with a number of other guys, who went off and left him and that he would either have to hitch hike or walk back to Hastings. He also said he almost got into a fight but did not say with whom. Hastings is about 25 miles south of Grand Island. Decedent in his injured condition was found 5 miles north of Grand Island. The only other possible testimony relating to decedent's whereabouts is that of Mr. Hogins who was traveling south to Grand Island on the highway in question, about 3:00 a.m. Mr. Hogins met defendant as he was leaving Grand Island in his truck. Mr. Hogins stated as a witness that he encountered an unidentified man on the highway about 5 miles north of Grand Island; that the man was walking from the east side of the highway, northwest toward his car; that Mr. Hogins was frightened and pulled to his right and avoided hitting the man. The trial court in its findings, among other things, states:'As the defendant got within 75 feet of the man, he could see the clothing on the pavement. When he got within 50 feet of the man, he could see the outline of his leg. He could see that the man was lying on his left side. As he approached closer, he could see the man's features and that he had a satisfied look on his face. He did not see any blood or injuries of any kind on the man's face at that time.'
34

Defendant testified 'when he was 50 feet away, he then saw the form of a person's leg. It was at this point about 50 feet away when he saw that it was a human being when he saw the leg, and then the next thing he saw the man raise his leg or his face or it seemed to, and then he went, because of the radiator of the truck, out of view. * * * It seemed as though he raised his head just a little bit.'
35

Upon the basis of such testimony, the plaintiff contends that substantial evidence exists that the man was uninjured and conscious immediately before the truck passed over him. Plaintiff also relies upon the statement by defendant made to a patrolman that he knew the undercarriage would strike the decedent. However, in connectioin with this statement, he also said that he felt or heard no impact as the truck passed over the body.
36

Our examinatioin of the entire record convinces us that there is no substantial evidence to support the trial court's finding that the fatal brain injury was inflicted by defendant's truck. Plaintiff, having failed to meet the burden imposed upon her to prove this essential element of the cause of action, is not entitled to recover.
37

We observe that this is not a case involving joint or concurring negligence. Whatever force caused any prior injuries to decedent on the highway had come to an end before defendant's truck came upon the scene. In Weisenmiller v. Nestor, 153 Neb. 153, 43 N.W.2d 568, 572, the Nebraska court thus states the rule that applies:
38

'In that connectioin, this is not a case involving joint or concurring negligence of two or more persons thus imposing liability upon defendant as a joint tortfeasor. If defendant is liable to plaintiff for injuries and damages, he is liable for only such as a preponderance of the evidence shows that plaintiff sustained as a proximate result of defendant's negligence as distinguished from those, if any, caused by others. In other words, if defendant negligently operated his car and thereby proximately caused injuries to plaintiff, then defendant is liable to respond in damages for the injuries inflicted by his car.'
39

Moreover, if contrary to what we have heretofore said, an evidentiary basis can be found for supporting the contention the defense. Nisi v. Checker Cab suffered the disabling, fatal brain injury prior to the arrival of defendant's truck, we would be compelled to uphold defendant's contention that decedent was guilty of negligence more than slight as a matter of law.
40

Under Nebraska law, contributory negligence is an affirmative defense and the burden is upon defendant to establish the defense. Nisi v. Checker Cab Co., 171 Neb. 49, 105 N.W.2d 523.
41

Here the evidence conclusively establishes that decedent, as defendant approached, was lying on the traveled path of traffic on a primary highway, on a dark night, in dark clothing. Decedent's action in assuming such a hazardous position, if done voluntarily, would manifest a very high disregard for his own safety, and such conduct, in the absence of any reasonable explanation or excuse therefor, would in our view establish contributory negligence more than slight as a matter of law.
42

The judgment appealed from is reversed.
1

Other errors are asserted but are not set out as consideration of such errors is not reached, because of the view that we take upon the errors set out
2

See Adamek v. Tilford, 125 Neb. 139, 249 N.W. 300, 301; Weisenmiller v. Nestor, 153 Neb. 153, 43 N.W.2d 568, 571

CC∅ | Transformed by Public.Resource.Org


http://bulk.resource.org/courts.gov/c/F2/298/298.F2d.899.16789_1.html

but this article is not James H W Lawless, this is some OTHER james and violet.  this is james L lawless.  And the hearing is 1962, and james H W Lawless died in 1945, so this is not the james H Lawless and his sister Violet in the above family posted as children of thomas byrd lawless.  This is some other James L Lawless and violet, which I really don't know who they are.

[Blink34]

DD- do we have 2 other James and Violet's in the chain?

For what its worth, I could not find this guys obit.. anyone?

[doubledecker]

I have these entered so far, still have to get some dates put in there etc. 
Lawless, "Bill" 
-   
-   
 

Lawless, Adam Brian 
16 Sep 1985 - Orange, California   
-   
 

Lawless, Agnes 
mar 17 1904 - wa   
aug 10 1976 - wa   
 

Lawless, Agnes Ada 
17 Mar 1904 - Chelan, Chelan, Washington, United States   
10 Aug 1976 - Soap Lake, Grant, Washington, United States   
 

Lawless, Andrew Jackson 
4 May 1834 - Patrick, Virginia, United States   
16 May 1864 - Battle, Ida, Iowa, United States   
 

Lawless, Augustine 
1790 - Pittsylvania, Virginia, United States   
-   
 

Lawless, Benjamin 
1793 - Henry, Virginia, United States   
26 Jul 1877 - Johnson, Illinois, United States   
 

Lawless, Bird 
1759 - Pittsylvania, Virginia, United States   
jun 7 1845 - Pittsylvanian, VA   
 

Lawless, Brett 
-   
-   
 

Lawless, Brian L 
abt 1961 -   
-   
 

Lawless, Brynne Cole 
mar 14 1983 - Wenatchee, Chelan, Washington   
-   
 

Lawless, Caleb Joshua 
aug 3 1987 - Orange County, California, USA   
-   
 

Lawless, Carleen 
-   
-   
 

Lawless, Clifford "Lane" 
-   
-   
 

Lawless, Colt 
-   
-   
 

Lawless, Dennis 
1771 - Halifax, Virginia, United States   
30 May 1859 - Mulberry, Henry, Virginia, United States   
 

Lawless, Francis Marion 
16 Apr 1830 - Patrick, Virginia, United States   
8 Aug 1862 - Civil War, Richmond, Virginia, United States   
 

Lawless, Franklin C 
1878 - Indiana, United States   
26 Sep 1938 -   
 

 Lawless, Franklin C
1878 - Indiana, United States   
26 Sep 1938 -   
 

Lawless, George Washington 
May 1833 - Patrick, Virginia, United States   
Apr 1905 - Patrick, Virginia, United States   
 

Lawless, George Webster 
28 Apr 1892 - Fremont, Dodge, Nebraska, United States   
11 Nov 1969 - Washington, United States   
 

Lawless, Gerald D 
Jun 1950 -   
-   
 

Lawless, Ian 
-   
-   
 

Lawless, James H 
15 Mar 1865/66 - Rockspring, Patrick, Virginia, United States   
Nov 1945 - Missouri, United States   
 

Lawless, James H W 
15 May 1865 - Rockspring, Patrick, Virginia, United States   
Nov 1945 - Missouri, United States   
 

Lawless, Johenry 
abt 1859 - Virginia   
-   
 

Lawless, John 
abt 1882 - Iowa   
-   
 

Lawless, John Mack 
nov 23 1893 - York, York, Nebraska, United States   
feb 6 1965 - California, United States   
 

Lawless, John Mack 
23 Nov 1893 - York, York, Nebraska, United States   
6 Feb 1965 - California, United States   
 

Lawless, Joni 
-   
-   
 

Lawless, Joseph H 
Mar 1860 - Virginia, United States   
-   
 

Lawless, Kai Aaron Richard 
-   
-   
 

Lawless, Lillie 
1875 -   
1876 -   
 

Lawless, Lillie 
1875 -   
1876 -   
 

Lawless, Louisa 
1835 - Patrick, Virginia, United States   
1900 -   
 

Lawless, Mabel Pearl 
14 Feb 1891 - Tecumseh, Johnson, Nebraska, United States   
6 Nov 1959 - Brewster, Okanogan, Washington, United States   
 

Lawless, Mabel Pearl 
1890 - Tecumseh, Johnson, Nebraska, United States   
ov 6 1959 - Okanogan, Brewster, WA   
 

Lawless, Maston 
1796 - Virginia, United States   
1850 - Saline, Missouri, United States   
 

Lawless, McNealy A Mack 
16 Feb 1846 - Patrick, Virginia, United States   
12 Oct 1908 - Peru, Miami, Indiana, United States   
 

Lawless, McNealy A Mack 
16 Feb 1846 - Patrick, Virginia, United States   
12 Oct 1908 - Peru, Miami, Indiana, United States   
 

Lawless, Melissa Chantel 
23 Feb 1981 - Orange, California   
-   
 

Lawless, Minnie M 
1870 - Indiana, United States   
-   
 

Lawless, Minnie M 
1868 - Indiana, United States   
-   
 

Lawless, Nancy 
abt 1946 -   
-   
 

Lawless, Paul George 
jan 24, 1927 -   
mar 26 1997 - Hyattsville, Prince Georges, Maryland, United States of America   
 

Lawless, Ralph Devere 
jan 1 1902 - , , New Brunswick, Canada   
May 23 1963 - Okanogan , Brewster, WA   
 

Lawless, Ralph Devere 
1 Jan 1902 - , , New Brunswick, Canada   
23 May 1963 - Brewster, Okanogan, Washington, United States   
 

Lawless, Richard Birdette 
mar 22 1910 - Wenatchee, Chelan, Washington   
may 26 1962 - Brewster, Okanogan, Washington   
 

Lawless, Richard Birdette 
22 Mar 1910 - Wenatchee, Chelan, Washington, United States   
26 May 1962 - Brewster, Okanogan, Washington, United States   
 

Lawless, Sarah Sally 
1804 - Henry, Virginia, United States   
-   
 

Lawless, Susannah H 
1847 - Patrick, Virginia, United States   
12 Mar 1936 - Martinsville, Henry, Virginia, United States   
 

Lawless, Thomas 
1796 - Virginia, United States   
1860 -   
 

Lawless, Thomas Byrd 
1795 - Halifax Con, VA   
may 2, 1887 - Patrick Co, VA   
 

Lawless, Thomas Jefferson 
15 Aug 1840 - Patrick, Virginia, United States   
-   
 

Lawless, Violet Hazel 
6 Sep 1886 - Rockspring, Patrick, Virginia, United States   
15 Dec 1966 - Haines City, Polk, Florida, United States   
 

Lawless, Violet Hazel 
6 Sep 1886 - Rockspring, Patrick, Virginia, United States   
15 Dec 1966 - Haines City, Polk, Florida, United States   
 

Lawless, Walter R 
1873 - Indiana, United States   
May 1945 - Indianapolis, Marion, Indiana, United States   
 

Lawless, Walter Raleigh 
1873 - Rockspring, Patrick, Virginia, United States   
May 1945 - Indianapolis, Marion, Indiana, United States   
 

Lawless, William 
1798 - Henry, Virginia, United States   
-   
 

Lawless, William "Billy" 
-   
-   
 

Lawless, William Bryan 
aug 31 1897 - Nebraska, United States   
aug 15 1975 - Okanogan, Brewster WA   
 

Lawless, William Bryan 
31 Aug 1897 - Nebraska, United States   
15 Aug 1975 - Brewster, Okanogan, Washington, United States   
 

Lawless, Zina Ellen 
15 Oct 1895 - Nebraska, United States   
22 Jul 1897 - Nebraska, United States   
 

Lawless, Zina Ellen 
oct 1895 - Nebraska, United States   
jul 22 1897 - Nebraska, United States   

[doubledecker]

these are the one with Ronald Sutton Lawless who married Elaine C bevilacqua
these have to connect to missing gary d lawless, father of timothy.  brother gary duane lawless shares a phone number with elaine c beviacqua.


abang, delores m 
abt 1953 -   -   

andrews, unknown 
-   -   

Bevilacqua, Alfredo 
1889 - canada   may 1 1997 - Los Angeles, Los Angeles, California, USA   

Bevilacqua, darlene 
-   -   

bevilacqua, elaine c 
abt 1941 -   -   

Bevilacqua, linda 
abt 1952 -   -   

churla, Annie 
1912 - Coleman, Alberta, Canada   apr 3, 2002 - 810 W. 27th Ave,Vancouver, British Columbia.   

Dean, unknown 
-   -   

doyle, dorothy 
-   -   

lawless,   
abt 1900 -   -   

lawless, ronald sutton   
oct 22 1939 - Los Angeles, California   -   

lawless, todd alfred 
25 May 1971 - Los Angeles, California   -   

Rice, jeffrey A