River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1888-12-20
Proceedings of the Circuit Court for the
December Term, 1888.

Proceedings of the Circuit Court for the
December Term, 1888.
Maggie Y. Ellison VS.. jacob Messer-
smith. This WAS an action for breach
OF promise. Plaintiff claimed that in
March 1887 she and defendant entered
into mutual contract of marriage,
ami were to be married on Thanks
giving day an November of that year.
Defendant admitted the contract but
denied that the time WAS fixed for its
fultillment. 1t appeared from the tes-
timouy that the parties We're very
much attached 10 each other for some
time previous To, and after the con-
tract was entered into, but as 1.-THE
course of true love never runs smooth +"
there were some ripples in this stream
of pure affection, aud the defendant
thought his alliance was becoming
Gired of him. But no very serious
break occurred till about the first week
in November 1887. only short time
before the contract was to have been
cOnsummated. 1t appears that the
defendant called at the home of the
plaintiff to get an AK to do some work
rather cOldly. The plaintiff and de-
PENDANT had an interview at or near
the place where defendant was at
work on his farm that day. The teSti-
mony as 10 what was said at that in
tervlew was somewhat contradictory.
but 1t seems the plaintiff went home
to pine and grieye over her disappoint-
ment, and the defendant started the
next morning for st. Paul, from
aAenee he went to Indiana TO find
some solace for lis lacerated affections
IN the more mild and bdlmy air of
HoOsierdom. The Jury after being
out some time returned a verdict of
mo cause of action a. Com hacker
and p. ID. Pierce for plaintiff. Smith &
Vannatta for defendant. A motion
for new trial was made by plaintiff
on the last day of the term and was
held under advisement by the court.
Hanna E. Kline VS.. The Town of
Ellsworth. This action was brought
TO recover for injuries sustained by
the plaintiff by reason of a defective
bridge on the highway about "a mile
southeast of the village of Ellsworth.
The testimony showed that the bridge
in question WAS about four feet wide,
about fourteen or fifteen feet long and
about fifteen to eighteen inches high;
that a plank about eight inches wide
was broken off at the second stringer
from east end; that three sticks one
rail or pole about ten feet long,
the others shOrter-were stuck up
in the hole where the plank was out;
that the OyeTs6er of highways had
notice of the defect in the bridge prior
to the accident; that the approach on
north side of the bridge was raised
above the level of the surface about
one and One-half or two feet at the
bridge, descending in height as it eX.
tended north until there was no bank
twelve TO fifteen feet from the bridge,
and that there was no ObstTuc ion to
prevent driving around the bridge.
There was also testimony to show that
the team driven by plaintiff husband
was pair of 3-year-Old colts but par
italy broken; that the near one was
quite vicious and but short time be-
fore the accident had been driven with
a Rairie rope" in order to control
him. There was also testimony to
show that the driver of the team (the
husband of tho plalntif) was told he
might have trouble in driving his
team over this broken bridge wnen he
was hitching up in the village. They
drove down the street and onto or
partially over the bridge when the
near colt sprang to the right turning
the off wheel under the wagOn-bOX.
and SO frightened the plaintiff that she
either jumped out or Was thrown out
of the wagon and her left limb so in
jured as to contine her to her bed fOr
several weeks, and from the effects of
which she claims she is still suffering.
Plaintiff claimed that the town was
guilty of negligence in not repairing
the bridge when notified of its unsafe
condition and therefore liable for the
damages. 1t was claimed by defend
ant that the team was unsafe for
woman to ride after. and that the
driver Was guilty of contributory neg
ligence in driving the team onto the
bridge after being warned of its con-
ditlOn and in not observing the sticks
put up to notify persons passing over
the road of the unsafe condition Of the
biidge. The jury after being out
some time returned verdict OF mo
cause of action" Smith 81 Vannatta
for plaintiff. a. COmbacker and L. ii.
Start for defendant.
John Duuceith vs.. John Bradley.
Plaintiff in this action consented TO
entry of nonsuit without trial. Smith
& Yannatta for plaintiff, j. ;. White
for defendant.
I. l.. Nelson VS.. Martin Foley. This
ease was appealed from justice court
and was brought by the plaintiff to
recover pay for erecting tower and
ind-mill on the farm OF the defend
ant in the town of Salem, and for rails
ing the tower. The testimony was
somewhat contradictory. The plaintiff
claimed that he agreed to erect the
wind mill for 30 dollars and defend
ant was to furnish Uhe material for
the tower; that when defendant pro-
posed TO furnish trees from his woods
plaintiff protested against such mate
rial as rough and too heavy to handle.
but if he furnished such timber il
must be hewed to certain dimensions
stated 10y plaintiff. The trees were
dug up and hauled by defendant and
the tower was built with the material
1t proved to be too low,
barn near by breaking the Wind from
the mill SO that the mill would not do
the work intended. Plaintiff suisse
quently raised the tower. claiming the
defendant agreed to pay him for the
extra work. The mill did not pump
water sufficient for defendant stock,
and 1t was claimed that the pump was
defective OF that there was sand in il.
The mill was permitted to run at will
and it was found that the wheel was
wearing the corner OF some of the
posts, and defendant claimed the tOwei
was not properly constructed and had
1t taken down and another mill put
up. There Was no proof that the tower
was not properly constructed or that
the min MAS not in good working or
der when first erected. but that It got
out of shape before il was taken down
was shown 10y the post exhibited TO
the jury. The defendant was very
rapid talker and it kept the reporter
busy to take his testimony. ana taxed
the patience of the attorneys 10 keep
track Of 1t. The jury returned a yer
diet for plaintiff for So j. w. Han
cock and smith L Vaunatta for plain
tiff. J S. White for defendant.
;. Mahon VS.. Gilbert Wylie; settled.
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