{"id":10922,"date":"2024-06-03T22:50:53","date_gmt":"2024-06-04T03:50:53","guid":{"rendered":"https:\/\/itsallinthesynapse.net\/Family_History\/?p=10922"},"modified":"2024-06-03T22:50:53","modified_gmt":"2024-06-04T03:50:53","slug":"the-injury","status":"publish","type":"post","link":"https:\/\/itsallinthesynapse.net\/Family_History\/the-injury\/","title":{"rendered":"The Injury"},"content":{"rendered":"
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 <\/p>\n

Sometimes a single event can totally change your life.  Rod\u2019s Uncle Kenny (great-uncle, but referred to as uncle) was only 15 when an event occurred that likely changed the direction of his life.<\/p>\n

 <\/p>\n

On the Job<\/h2>\n
\"\"
Smith Baking Company 2 26th and O Street, Lincoln, Nebraska. Source: Lincoln State Journal March 7, 1926.<\/figcaption><\/figure>\n

When Great-Uncle Kenneth Duane Van Allen (Uncle Kenny) was not quite 16, he got a job working at Smith Baking Company.  The company had been around for some years, having opened November 13, 1913.  However, the new modern facility at 26th<\/sup> and O Street in Lincoln, Nebraska had only opened three years earlier in the spring of 1926.<\/p>\n

The new facility could product 15,000 loaves of bread a day.  In addition, the company had added pastries to their offerings.  The mixing and baking process was one of \u201cmechanical accuracy.\u201d  The mixing, dividing dough into loaves, wrapping, and other functions were controlled by electricity.<\/p>\n

 <\/p>\n

Three-Days In<\/h2>\n

On June 12, 1929, it was Kenny\u2019s third day and last day on the job.  On that day, his hand got stuck in some dough and was pulled into the dough breaking machine.  It was an electric machine that consisted of rollers that the dough was fed through.  His fingers and palm on his right hand were mangled.  Four days after the incident, the doctor amputated his 3rd<\/sup> and 4th<\/sup> fingers and the worst part of his palm.  The doctor hoped he could save a third finger that was a bit less damaged.  However, it was not to be.  Thus, Kenny was left with a thumb, one finger, and a portion of his palm.<\/p>\n

 <\/p>\n

\"\"The Lawsuit<\/h2>\n

His father John (Warren) Van Allen had died in a farming accident when Kenny was a baby.  Therefore, it was incumbent upon Kenny\u2019s mother Grinda Josephine (Hanson) Van Allen to sue the Smith Baking Company on his behalf.  She sought $25,000 in damages. <\/p>\n

 <\/p>\n

The Plaintiff\u2019s Claims<\/h3>\n

Doctors supported the extent of Kenny\u2019s injuries and testified that he had lost 80 \u2013 90 percent use of hand. The attorney for the plaintiff claimed that the machine should have had safe guards to prevent such an accident. <\/p>\n

 <\/p>\n

The Defense<\/h3>\n

Meanwhile, the defense brought in a boy\/young man from small town some counties away that had received damage to his hand that they felt was similar to Kenneth\u2019s injury.  Injured at age 11, he had gone on to become captain of his basketball team.  They also had him demonstrate writing and other functions.<\/p>\n

Additionally, the defense argued that Kenneth had accepted compensation under the employer\u2019s liability act.  Thus, they felt that he was not allowed to request additional compensation.<\/p>\n

 <\/p>\n

Machine Stoppage<\/h3>\n

Both sides argued over how quickly the machine could be stopped.  The defense argued that it could quickly be stopped by the operator.  Meanwhile, Kenneth\u2019s attorney argued that it wasn\u2019t as quick and easy as the defense stated.<\/p>\n

 <\/p>\n

Fight Over His Age<\/h3>\n

Much of the trial, however, focused on a secondary issue – his age.  Grinda\u2019s attorney claimed the company had hired Kenny knowing that he wasn\u2019t 16, which was the legal age for working in this job.  The defense claimed that he had presented himself as being 16 and that they couldn\u2019t be held accountable for him being illegally hired. <\/p>\n

The defense argued that there were discrepancies in the records over the year and that some records had been doctored.  Not having access to all the records of the trial, it is difficult to comment on what they saw in the records.  However, I suspect that they had assumed that he started school at age 6.  However, he started school before he turned six and he graduated 8th<\/sup> grade at the same time as Donna, his sister who was just over a year older than him.<\/p>\n

 <\/p>\n

The Verdict Is In<\/h3>\n

In early November in 1929, the jury awarded Kenneth $10,000 for his injuries.  However, the case didn\u2019t end there.  The defense sought a new trial on the grounds that the jury tried to guess at how much money would need to be paid to the plaintiff\u2019s attorney.  Two jurors claimed that they wanted to give him $5,000, but doubled it to pay for the attorney.  Also, it was claimed that one of the jurors independently investigated the machine and told the other jurors about it.<\/p>\n

On January 3, 1930, the judge reduced the judgment to $5,000, overruled a new trial, and got both sides to waive their right to appeal.  After that date, the Smith Baking Company continued to be in litigation over the case.  At this point, they were suing the liability company for $2,995 for refusing to pay the claim.  What is confusing is that they earlier stated that Kenneth had received payment from the liability company.  It is unclear how that was resolved.  In any case, an event that lasted a few seconds wasn\u2019t fully resolved at least until 1931.<\/p>\n

After settling the case for $5,000, instead of giving the money to Grinda since Kenny was a minor, a guardian was appointed to accept the money for him.  The Guardian controlled Kenny\u2019s money until November 1934.  Once, Kenny had access to the money, he purchased a Chevy coupe.<\/p>\n

 <\/p>\n

Farming<\/h2>\n

In 1935, he purchased a small farm.  The following year Kenny married Adla Mae Slepicka.  However, the year following his marriage, he gave up his farm.  It was during the depression and making a living farming was a challenge.  The following year Kenny was a salesman for the Beatrice Creamery Company.<\/p>\n

 <\/p>\n

\"\"
Kenneth Duane Van Allen’s signature in 1940 on his WWII Draft Registration.<\/figcaption><\/figure>\n

Beatrice State Home<\/h2>\n

New Job<\/h3>\n

By 1940, Kenny had taken a position as an assistant farmer or assistant to the farm manager at the Beatrice State Home.  He would have overseen some portion of the farm operation. The facility had been around since 1885 and had grown to have 1,570 patients.  The patients were of varying abilities including those needing complete care, those that could be trained to care at least in part for themselves (e.g. dress, toilet), and those that although mentally challenged could be educated.  A portion of the patients worked on the farm in various capacities.<\/p>\n

In 1945 Kenny was recognized for the purebred Hampshire hogs that he raised.  It is unclear if they were raised as a part of this operation or if he raised them independently.  However, he is credited for them and the home is not mentioned.  Thus, I assume that he raised them separately from his job at the state home farm.<\/p>\n

 <\/p>\n

Making It A Career<\/h3>\n

By 1950, Kenny was the farm manager and his wife was the house mother.  The family had 20 patients living with them and working the facility\u2019s large farm.  What was once a 40 acre property was now nearly 650 acres.  In addition, 500 more acres were leased by the facility.<\/p>\n

By 1957, the facility had grown to house 2,184 patients with a large staff of teachers, nurses, farmers, and others.  The home\u2019s slogan was \u201cLearning for Living: Love, care, and training.\u201d<\/p>\n

The facility had 23 buildings including a 3-story school, and two hospitals with one dedicated to tuberculosis patients.  It also had gardens, orchards, and farm acreage.  The previous year a dam had been constructed creating a 7-acre pond\/lake.  The facility had previously stated that they had 218 head of cattle that produced 400 gallons of milk daily.  In addition, they raised swine and poultry. <\/p>\n

In 1976, Kenny was acknowledged for 35 years of service at the Beatrice State Home.<\/p>\n

 <\/p>\n

Influence<\/h2>\n

Kenny\u2019s influence went beyond this specific home.  He spoke about conservation, production, and management of agriculture.  His knowledge was shared with state officials and officials at other similar facilities.<\/p>\n

Kenny was also a member of the Elks and the Gage County Saddle Club. <\/p>\n

 <\/p>\n

Morale of the story<\/h2>\n

Kenneth might of lost three fingers, but he didn\u2019t let it hold him down.  He married, raised three children with his wife, and worked in a management position where he appeared to have been recognized as an expert.  Still, we don’t know how that few moments on July 12, 1929 changed Kenny’s life.<\/p>\n

 <\/p>\n

 <\/p>\n

Image of Kenneth Van Allen is from the Beatrice Times, February 2, 1945.<\/em><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

  Sometimes a single event can totally change your life.  Rod\u2019s Uncle Kenny (great-uncle, but referred to as uncle) was only 15 when an event occurred that likely changed the direction of his life.   On the Job When Great-Uncle Kenneth Duane Van Allen (Uncle Kenny) was not quite 16, he got a job working at Smith Baking Company.  The company had been around for some years, having opened November 13, 1913.  However, the new […]<\/p>\n","protected":false},"author":1,"featured_media":10927,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40],"tags":[],"class_list":["post-10922","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-van-allen"],"yoast_head":"\nThe Injury - Family History<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/itsallinthesynapse.net\/Family_History\/the-injury\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Injury - 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