Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1893-10-21

NIil>ou, oct. II.
The highest state court The supreme
met yesterday morning 20 rcudcr de-
cisiouS iu various clSrs that had been
argued before 3d..
The most interesting case Go the
people la this section, perhaps, is that
of Taylor vs.. nm This is tho case of
the heirs of the late George Paine
against james lin, the executor of
the estate, The high court confirms
the decision of thv court below, which
is u victory for the Paine heirs. This
decision gives the hcirs 2 claim against
lin of about two thousand dollars
II maybe that other parties consider
the eases of the Northern Pacific Ry.
Go. v. McAldllcu, and that of the same
road against Scipp the most import
ant 1he eases are of a similar ma
turc ard the decision in one decided
the other. Daniel McMullcu was an
engineer In charge of an engine ON the
Wisconsin Central road between Chi
cago and W0ukeslu. ON the night ot
April 4, 1891, while running @ freight
train destined 20 Waukp,ha, the pu
zine ana twelve ears uddeuly plunged
from the track into "a gully, between
Vernon station and the village OF Wan
kesha, MoNGullcn and Sc.pp were
thrown under the wreck md bruised
and scplded So seriously that they died
a few hours after the accident.
The widows of the deceased brought
silt to recover 5000 damages la each
ease, IN the county court OF Naukcsha
county, ON the ground that at the point
whore the train left the
track the track was in a.
defective and dangerous condition.
that the ties for some distance were
rotton and not sufficient 90 hold the
rails IN position The defendant de
MED The defect, but the jury found
damages for the plaintiffs TO the eN
tent of 5000 In zach case, and from
the Judgment in the court below the
railroad company appealed
The supreme court reversed the dc
"isian ut the lower court. and ordered
that no new trial be held, the parties
being advised To make "a settlement.
Another ease Is that m
which George S. C|aimcrosS
recovered a verdict for Sl25
ANA coats IN the circuit court for Wau.
kcsha county against the village OF
PcWuukcc, Jacob Haun, Larry Flaui-
gan and Peter lIcugcl. II seems that
defendants were about 90 launch 20
steamboat at pcwWkcc and that the
boat was IN the street prior TO It's re-
moval into the water. While II was
So standing IN the street, which u at
most entirely o]bstructed, the p|laintitf
was passing along In a wagun, the
horse bccaiIe uhmauageablc because Of
the obstruction and ran away. The
horse was injured so that hc had 10
be- kllled, wherefore the plaintiff claimed
damages, which were awarded him
The defendants claimed that they ware
moving the steamboat from one lake
to another and that they were using
the highway for a legitimate purpose,
and that the plaintiff was guilty al
negligence which contributed TO the
accident.
The judgment of the lower court is
affirmed so far as Zann, Flanagan and
Hcngel are concerned, but reversed for
the village.
A case of interest Is that iu which
Yosburg is plaintiff and George Put
ney defendant. The case sets mp that
putney Kicked NOsburg. q boy four
teen years of age, while IA school, 50
as to cripple him and for which seth
r.. Vosburg, the father OF the minor
demanded damages 10 the extent Of
1000. The jury awarded damages
N the sum N S1,2o from which the
defendant appealed. This Is the fourth
time the case has been before the SUI
prome court I'm one form or another.
The Judgment Of the lower court Is
affirmed.
Mary j. Alfo~d brought SUI In the
circuit court Of Marathon county against
the Chicago, Milwaukee & ST. Paul
Railroad company for 5000 damages,
alleged TO have been sustained rs the
result Of negligence Of the company.
She was a passenger on q train, and
desired 10 leave the oars no a station
called Heights, in Marathon county,
The trpin came to q fun stop but she
claims It only stopped about thirty
seconds, and while attempting to get
or She was violently thrown onto the
platform, whereby She sustained pain
ful and lasting injuries. The company
denied the negligence and was sus.
tanned by the jury.
The higher court reyerses the judg.
meut Of the circuit court.
The following are the decisions reD-
dercd officially:
Gage vs.. Allen Motion to dismiss
appeal granted upon payment by re-.
spoudent 81 taxable costs Of appellant
10 date OF discharge Of Judgment ap.
pealcd from; Otherwise denied with.
ont oos's.
State rX rel. White SIS Curtiss, clerk.
etc. Judgment affirmed
Moleske IS. Ohio Coal 20. Judgment
affirmed
spauldiug W. Standings Judgment
affirmed
COLIN vs. Hoimbaeh Judgment At.
Hrmel
Peterson vs. Wisconsin Central Raj.
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