The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1899-02-24
VERDICT FOR $500
Geo. Vosbeck Scores Against
Contractor Kellogg.
Trial of John Phillips on the Charge of
Grand Larceny is
Begun

The'jnry in the case of Geo. Vosbeck
against the Mankato Citizens Tele
phone Co. and Contractor 81. M. Kel
logg retired at six o'clock Tuesday
afternoon, and reached verdict three
hours later, which was sealed and re-
turned into court this morning. 1t
finds in favor of the telephone COM
pany, in accordance with the instruc-
lions of the court, but returns a YER
dict for5 the plaintiff for $4,000 dam
ages as against the contractor, A stay
of 80 days was granted, at the request
of Mr.. Kellogg's attorney, as was also a
similar stay at the request of the plain
tiff as regards the telephone company.
1t is understood that a motion for a
Lew trial will be entered in each case,
and the action may get into the supreme
court.
The following special findings were
returned by the jury:
First-"Was Walter Vosbeck injured
while in the act of placing his hands
upon or meddling with the pulley and
rope in question: Answer, Yes"
Second-''Did the parents of Walter
Vosbeck at and. before the time of the
injury in question know that a tele-
phone line was being constructed at the
place in question by the nse of the
pulley and rope in.question?' Answer.
No"
Third-.'Did the iparents of Walter
Vosbeck at the time in question and
with knowledge of the appliances in
use and in the manner of their use in
constructing the telephone line at the
time and place in question permit Wal
ter Vosbeck to play unattended in the
yard and alley in the immediate vicin-
ity of the pully and rope in question:
Answer, mo"
Fourth-"Did the defendant Kellogg
at or before the time of the injury have
any notice or knowledge that Walter
Vosbeck was playing unattended, OF
was in the habit of playing unattended,
in the alley and lot near the place Of the
injuryY Answer, Yes"
Fifth-"If the parents'of Walter Vos-
beck had used ordinary care to prevent
the child Walter from playing unat-
tended in the alley and from placing his
hands upon or meddling with the rope
and pulley in question, at the time in
question, would the child Walter have
been injured as he was injured?" An
swer, Yes.
Attorney w. A. Funk presented an
elaborate and we'll prepared argument
in favor of theemotion to instruct the
jury to return a verdict in favor of the
telephone company, yesterday. Mr..
Funk went into the case so thoroughly
that he won many compliments from
the attorneys who' had gathered in the
court room to listen to.the proceedings.
Mr.. Funk feels confident that tie tele-
phone company cannot be brought into
the case again.
The trial of EJohn Phillips on the
charge of grand larceny in the second
degree in stealing clover seed was be
gun Wednesday. Heis defended byW. N.
Plymat, while County Attorney Hughes
appeared for the state The following
jury was secured Joshua Wigley,
Matthias Jost, G.. l.. King, Frank Skuse,
Pat O'Connor, Julius Dalluge, S. G.
Brooks, John Schimmele, R. G Hill,
David Herbert, Manderfeld and Har-
mon T. Frank.
The first three witnesses for the state
were Philemina and Henry Bussman
and P. f. Bleesen.
The next case marked for trial is that