Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1870-11-29
THE LAW OF HIGHWAYS.
FO.hny nsaIns. the Town of Glen Haven.

last week, on change Of venue from
THIS county, has again resulted in q
verdict for the defendant, Town
Some forty citizens from Grant county
were in attendance upon the court
at Madison in the above entitled suit
A brief history Of the case is as fol-
lows La the winter Of 1867, log
was deposited in the highway ia the
town of Glen Haven. just east of the
Ray School House The log lav at
or near tho center Of the road and
parallel with it, and at the point
where the same was deposited the
highway was good, smooth ground,
and fully four rods wide, so that
there was at least thirty feet Of clear
road way on either side Of the log
for travellers to pass the same In
the month Of July following, Mr.,
Foshay the plaintiff, while driving
along this road with horses and bug
1 ~, in passing This log his horses
frightened at it, and--as hc claimed
ran away in consequence of such
fright, threw him out Of tie buggy,
aud one OF his legs was broken
snd biz person and property other
( wiae injured
IN January, 1868, Mr.. Foshay sued
the town tor damages, claiming S.
600 ~ The amount to which he was
entitled
AZ tho September term Of the
Grant County Circuit Court the case
was tried and verdict for the de-
fendant returned by the jury.
The plaintiff then took the case to
the supreme Court, and the iudg-
ment Of the Circuit Court was re-
vcrsed and % uay trial ordered. The
Supreme Court laid down this rule
to govern in such cases
''That objects, NATURALLY calculated TO
''irlghten horses of ORDINARY gentleness, To-
seated within the limits Of a highway were
"such defects therein as rendered towns
"llable."
AT the last September term of our
court, the case coming on for trial
anew, Mr.. Foshay took Il change Of
venue out of circuit and the case was
sent TO Dane county tor trial, and
the trial just had was in accordance
with such change of venue.
The proof showed clearly that Mr..
FoshaY himself was guilty of gross
negligence at the time the horses ran
away. His horses were not ordjHarj-
ty gentle, and were not property har-
messed aud driven by him. The
character Of the log had very little
TO do with the final determination Of
the suit. The presumption was that
if Foshay had driven gentle horses,
properly harnessed, be would have
avoided the accident and consequent
damage.
This case has created q good deal
Of public discussion as to the liabili-
ty Of towns for defective highways.
One thing is certaln--our highway
law must be modified or repealed, or
towns win have to exercise moro
caution in the future in the construc-
ton Of and working Of all public
roads Logs and stumps will have
to be removed, and ali bridges must
have good ratings.
We would suggest that town
authorities familiarize themselves
with highway law, ami thereby
avoid the imminent damages that all
towns are now liable to under exist
ing laws. This Foshay suit has been
ably prosecuted and defended, and
the result is generally satisfactory.
.-
Wisconsin Republican Association.
The Wisconsin Republican Assoc
citation met ct the Office of General
Mansfield last evening with very
large attendance, and organized, with
Henry T.. Barron, the president
in Che ehair, and H. G. Clarke, sec
rotary pro tenn 1t was decided to
iDiu the Minnesota State association
m holdiuA festivals during the fall
and winter, and committee was APP
pointed to act with a similar one
from the Minnesota Associatan as q
committee Of arrangements for these
sociab.cs. Hon. G. W. Hazeiton,
Hon. J. NJ. Rusk, and Hon. J. Allen
Barber the newly elected RepubIi-
can Congressman from Wisconsin,
were elected honorary members Of
the association. The first party is
to &c given at the opening Of con-
grcss IN December.
The following officers were elected
for 1871 President, Henry d. Bar
ron, fifth Auditor; vice Presidents,
Bradford ReXford, of the Pension
Office, and J IL. Hersy, Of the Cap
itol secretary, William +. Spen-
ccr, Of the Capitol treasurer, A. Il.
Lonely, OF the Agricultural Depart
ment.- Washington Chronicle, No
reD,jer 20H, 1870.