song the day after the accident, in which his cousin Albion Clapp was one of the two firemen killed. Lewey worked in a cotton mill that was at the base of the trestle, and also claimed to be on the scene of the accident pulling the victims from the wreckage. Musician Henry Whitter subsequently polished the original, altering the lyrics, resulting in the version performed by Dalhart. In 1927 it was claimed that the author of "Wreck of the Old 97" was local resident David Graves George, who was one of the first on the scene. George was a brakeman and telegraph operator who also happened to be a singer. Witnessing the tragedy inspired him to write the ballad. After the 1924 recording by the Victor Talking Machine Company was released, George filed a claim for ownership. On March 11, 1933, Judge John Boyd proclaimed that George was the author of the ballad. Victor Talking Machine Company was forced to pay David $65,000 of the profits from about five million records sold. Victor appealed three times. The first two times, the courts ruled in favor of George. The third time the court of appeals ruled in favor of Victor Talking Machines. George appealed to the Supreme Court of the United States, but the court ruled that George had filed his appeal too late and dismissed it, thereby granting Victor ownership of the ballad. "Wreck of the Old 97" is 777 in the Roud Folk Song Index. The ballad clearly places the blame for the wreck on the railroad company for pressuring Steve Broady to exceed a safe speed limit, for the lyric (on the Dalhart recording) begins, "Well, they handed him his orders in Monroe, Virginia, saying, 'Steve, you're way behind time; this is not 38 it is Old 97, you must put her into Spencer on time. Carson Robison, not Frank Ferera, plays guitar on the Dalhart recording on Victor. See also List of train songs Old 97's, a band named after the ballad References Further reading External links Photos of the accident scene Roanoke Public Libraries Mark Daniel Jones – Witness of Wreck Wreck of Old 97 Historic Marker Wreck of the Old 97 Wreck of the Old 97 song audio Biography of Fred Jackson Lewey audio and label of release on Herwin Records label Joseph Broady at Find a grave 1903 in Virginia Bridge disasters in the