Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1875-02-25
THE HER AID.
Important to Towns.

CaWrSu Wy q OEl 1911 x ~NS - -
pair, If it became so suddenly and
unexpectedly by reason of freshet
In the stream over which it was
built, and sufficient time lad not
elapsed before the accident to enable
the town authorities either to repair
the bridge or ganrd travellers against
the dangers. "a Wis, 342.
9. Notice TO the chairman of the
town board of supervisors Cor, it
seems, to any member of that board, J
of a defect il bride in such town,
is notice TO the town and if here
after no proper precautions are taken
in due time to guard against acct
dents by reason of such defect, the
town is chargeable with negligence.
3. There being evidence tending
10 prove that the town authorities
bad notice Of the defect in the bridge
here in question, before plaintiff at
tempted to pass over it, and there
being also conflicting evidence as to
contTibutory negligence on plaintiffs
part, and the court having submitted
that question Of fact to the jury,
after giving the instructions desired
by the defendant, this court cannot
disturb the verdict, which was for
the plaintiff.
4. The testimony tends to show
that, besides losing two horses, plain
tiff had his health seriously and per-
manentIy impaired by his exertions
in trying to rescue the horses, and
the exposure and agitation, all caused
directly by the defect in the bridge,
epilepsy having been developed
within few days after the accident,
from which disease be probably never
will recover. The jury awarded him
500 damages. Held, not excessive.
5. To rebut some slight testimony
tending to show that ho was intoxi>
Gated before he crossed the bridge.
plaintiff called witness who testl-
fed, without objection, that be did
not know that plaintiff was in the
habit of using intoxicating liquors.
Another witness for plaintiff was
then asked what were his (plaintiff' -
habits ~ TO the use Of intoxicating
liquor. Objection beng taken, the
court stated that plaintiffs general
habits were not in issue, but tho !es-
timony would be allowed so far "a
1t bore on the question Of his being
under the influence Of liquor at the
time of the accident" Defendant
excepted and the witnessed answer
ei that he had 40 knowledge Of plain
tiff "other than as man of perfect
ly temperate habits" No objection
was made that the answer was
not responsive to the question as
limited by the court, and no motion
was made to strike it out. Held,
that there was no error for which
the Judgment should be reversed.
6. Lyon, j., is of opinion that the
testimony for defendant as 70 plain
titf's being intoxicated was Of so
slight character that if the court
had rejected the robutting evidence
entirely, and Instructed tbs jury that
the alleged intoxication was not
proved, the verdict should not have
been disturbed on that account and,
If go, then the admission of such
rebutting evidence, even if improper,
is no ground Of reversal.
RI. A demand arising er dslict0
is not in any correct sense an "ac-
count; and it seems that such q
demand against town is not within
the jurisdiction Of the town board ,
nor within the meaning Of sec. 10 ch.
Is Il. s., and that is no objection to
an action on such demand that it
has never been presented to the
town board. But it was not neces,
sary to decide this question in the
present case.
s. The objection that demand
sued upon against town has never
been presented to the town board to
be audited, is one which only goes
in abatement of the action, and if
not taken in the court below, either
by answer or by motion for nonsuit,
or in some other appropriate manner
Mt the trial, it is waved.
9. Whether such objection must be
taken by answer, is not here decided.
How to Promote Peace in the Family.
l. Remember chat our will is likely
to be crossed every day, so prepare
for it.
?. Every body in the house has an
evil nature as we'll as ourselves, and
therefore We are not to expect too
much.
3. To learn the different temper
and disposition OF each individual.
1 To look on each member Of the
family as one for whom we should
have q care.
5. Whom any good happens TO any
one to rejoice at it.
6. When inclined to give an angry
answer, to "overcome evil with
good.
7. IT from sickness, pain or infrm-
ity we feel irritable, to Keep strict
watch over ourselves.
s. 70 observe when others are
suffering, to drop word OF kindness
and sympathy suited TO them.
g. To watch for little opportunities
of pleasing, and to put little annoy
ances out of the way.
10 To take a cheerful view OF
every thing, of the weather, and en-.
courage hope.
IL. To speak kindly of the SER
vants-to praise them for little
things when you can.
II. In all little pleasures which
may occur to put self last.
13 To try for the soft answer
which turneth away wrath"
Oh When we have been panied
by an unkind word or deed to ask
ourselves "Have | not often done
the same before and been forgiven r.
A Newly Discovered Parable.