River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1888-06-21
COURT PROCEEDINGS.



TO pay of certain mortgages amounting to about
&C, GOO and the balance in installments, which
he refused to make according to the
terms Of the contract. The plaintiff rendered
deed TO the defendant, which he refused to ac-
eept. The defendant claimed the plaintiff had
no legal right to make the contract in question.
as the property mem 9ned in the contract con-
tanned the homestead Of the plaintiff, which he
could not sell without the wife joined in the
written contract which she had not done, and
that contract that could not be enforced
against one Of the parties was not binding on
the other. The plaintiff claimed that at the time
he made the contract his residence was in Da-
kota. Testimony was introduced by both par
ties upon this question. After being ably argued
by the counsel on both sides it was submitted to
the jury in the form Of interrogatories, by the
court. The verdict was in substance as follows:
That the plaintiff entered into the contract set
forth in the complaint; that the plaintiff was in
Of the farm known as the York farm,
and was the owner thereof subject TO certain
mortgages named in the contract; that the
plaintiff did in July 1887, after such contract
was made, tenler to defendant good and sutii-
cient warran deed Of the premises executed
by himself ard wife, and the plaintiff kept such
NSAiNNi t1Ns W blAlA5 AAh sum NNSN AAANe 1919
and depositing it for use of defendant that AZ
the date of the contract the homestead Of the
plaintiff, consisting Of 40 acres, was not on this
farm; that plaintiff went 10 Dakota in the
springs of lass, 1884, 1883, 1886 and 1887, to re-
main permanently; and that the plaintiff left
portion of his household goods in and on the
premises in question Judgment for plain'ih
entered and stay Of execution granted for sixty
GpaffI. & "a FIR nj
Ives and J. S. & f. II. White for defendant
B. NJ. Dopkins vs. Ed. Barg, Oluf Barg and
Curtiss Johnson Appeal from justice court.
Tried by jury The plaintiff sued tie defend
ants for $500 a balance due on hay s1ld them.
The plaintiff contracted to deliver the defend
ants a large quantity of hay which he recon-
mended as irst-quality of timothy and clover
hay-the hay to be baled and delivered on
board the cars at River Falls. The defendants
claimed they were unable TO determine the
quality of the hay after it was pressed into
bales that they received it on the recommend
of the plaintiff and that they did not know of
its poor quality until advised by their consign-
ees to whom it was shipped. The testimony of
those who baled the hay tended to show that
portion of it was NOV burned and in a damaged
condition. The jury returned a verdict of mo
tiff. Judge Ray S. Reed, of Hudson, for defend
ants.
The next case was The Norwegian Plow Co.
VS. w. s. Ensign and - Thayer Tried by
jury. This action was also brought to recover
a balance due on notes given by defendants to
plaintiff. 1t appeared from the testimony that
the defendants purchased some sulky plows of
the plaintiff to be sold by them in Dakota; that
D v.1g
time after they were delivered; that the original
note was taken up and new note given which
was paid by defendants as it had passed into
the hands of third parties. Some of the plows
were subsequently sold but the parties to whom
they were sold could not make them work and
they came back on the hands of the defendants.
The defendants claimed damages which they
set up with other items as Offset TO the notes
sued on The jury found for plaintiff and gave
him verdict forS120.6s. Brown, Kellogg, Evans
Il Mccoy and A j. Kinney, for plaintiff. Smith
& Vannatta for defendants. The case was tried
by Mccoy and Kinney for plaintiff
W. r. Manser VS.. Flora Manser. freddy jury.
Decree of divorce granted
Vienna Goodwin vs.. The City of River Falls.
Tried by jury, This action was brought by the
plaintiff to recover 81 600 damages for injuries
claimed to have been received by her in falling
or a defective or unsafe sidewalk, at the corner
of Elm and Main streets in the city of River
Falls. 1t appeared from the testimc ~ that on
the evening of October 14th, 1887 the Plaintiff in
company with her sister-in-law, Mrs. Jonathan
Goodwin was walking up Main street toward
the home of the latter, and in passing from the
sidewalk in front of the store of Mr.. G. l. Ap
Roberts onto the cross-walk across Elm street
int he xyb fala
was about ten to sixteen inches deep and
sprained her ankle and was otherwise bruised
and injured Mrs. Jonathan Goodwin testified
it was quite dark at the time of the accident, SO
dark that the sidewalk was not distinctly yisi-
BILE. There was some other testimony TO the
same effeet-that the walk was not very distinct
unless travellers thereon were observing where
they were walking Mrs. J. Goodwin also testi
fed that she and the plaintiff were engaged in
conversation at the time, and she was unable to
remember whether the stores were closed at the
time or not, or who if any one she met on the
walk After the testimony of Mrs. Goodwin
was taken the jury were sent out to view and
examine the sidewalk where the accident &C.
Cured. Testimony was introduced by the
defendant to the effect that the stores were all
open and that the walk was plainly visible at
the time of the accident, which tended to show
contributory negligence ON the part OF the
plaintiff. The jury after being out about three
rourths ofsSn hour returned verdict of mo
cause ofaction." Smith & Vannatta for plaintiff
F. L. Perrin for defendant.
UT Kline VS.. the Town of Ellsworth. Trial by
Jury. This action, like the preceding one, vas
brought to recover damages sustained by the
plaintiff by reason Of defective bridge near me
village Of Ellsworth The action tried was
brought by the husband to recover damages for
medical attendance and care Of his wife and for
loss of her services while suffering from injuries
sustained by her alleged to have been caused
by a defective bridge over which the plainth
was driving with his wife in June, 1856 1t APP
peared from the testimony that the plalntln was
driving a span of 3-year-old colts, but partially
broken, and some of the testimony tended to
show that the colts had been refractory and
were hard to bring under subsection; that Ill
passing over the bridge they became frightened
and jumped to one side, canting the wagon-boX
and throwing out Mrs. Kline, causing the in
juries which gave rise to the suit. 1t was also
in proof that the overseer of highways had been
notified of the broken plank in the bridge
week or more before the accident that about
seven or eight feet Of the plank, inches wide,
was broken out, and that rails or poles had been
set up in the hole TO warn persons passing of the
dangerous condition of the bridge; that they
were there and were plainly visible at the time
of the accident; that there was nothing to pre-
vent teams being driven around either end OF
the bridge. The jury after being out II hours
could not agree and were discharged by the
court Smith & vannatta for plaintiff A. Com
hacker and Cupton, and r. II. Start for def.
State vs. John Hays. Charged with burglary.
Nolle entered by Dist. Attorney.
State VS.. VIM E. Morang. Charged with bur-
glary. The defendant in this action withdrew
his plea of mot guilty and entered plea OF
..guilty oflarcenyH The court sentenced him TO
a fine Of 800 and imprisonment Tor four mouths
in the county Jail
Phillip Blakely VS.. Barney McGinnis. This
case was referred to A. Clark, Esq, to try and
determine. P. D. Pierce for plaintiff. j. W.
Hancock and smith & vannatta for def.
Mary Malone vs. Mary Mullen ct al. Action
to foreclose mortgage. Judgment for plaintiff.
Smith & Vaunatta for plf. J. s. & F. NJ. White
for def.
Mary Malone VS. John McKeayer. Same issues
involved as in last case and same attorneys.
Edward Klose VS.. Samuel Elftman. Action to
foreelose a mortgage. Held under advisement.
E. H. Ives for plaintiff. J. 5. & #. NJ. White for
defendant,
In the matter of the guardianship Of John
Parmeter. insane. NJ NJ. Vandeford VS.. C. Fen
ton This case was RENTED from county court,
tba 7ef.ras,,. ha,-i,,s, faen cited TO show cause