Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1902-11-18
SUPREME COURT DECISIONS.

The case of G. A. Wunderlich, ct. al.
vs. Palatine Insurance Company, et al
was decided in the Supreme Court last
week in favor of the plaintiffs. This
case involved about 100000 feet of
lumber and some bicycle strips which
were burned at Mayking, near Amigo,
in 1898, and was covered by an insur-
ance of $4,000
The case was brought by plaintiffs
for the amount for which lumber was
insured. There were 10 policies of
insurance, several actions were iEsti-
tuted, which were subsequently consoli-
dated into one under the statute per-
mitting it.
The defendant put in issue the
amount of the loss and pleaded breach
of that condition of the policy making
fraud or swearing false by the insured
touching any matter relating to the
insurance on the subject thereof,
whether before or after loss" operate
to render it void.
The first trial was in the Circuit
Court in Langlade county, the attor-
neys were Mylrea & Bird of this city
for the defence, and f. w. Hogan, of
Amigo, and John Barnes, of Rhine
lander for the plaintiffs. 1t was taken
to the Supreme Court and new trial
ordered.
A change of venue was taken to
Oneida County and again the plaintiffs
were successful. The case was again
taken to the Supreme Court and this
time the decision of the court was
affirmed.
The damages allowed by The Circuit
Court were $2O,5OO, this together with
the interest brings the amount to some
thing over s25 900
Judgments were also affirmed in the
cases of Clark w. Horton VS. Ralph
Wylie and Wilhelmina Krause VS.. City
of Merrill, both of which are well
known here. The story of the Horton
case is in substance as follows One
day early in Jaly, 1891, Clark Horton
and Ralph Wylie, boys of about thirteen
years of age, drove some cows out to
pasture east of the city. When they
got into the woods, Wylie exhibited a
80 caIibre revolver of the self action
pattern. The boys played with the
weapon for some time, pointing it at
one another when finally Horton went
to spring to get drink, Wylie stepped
in front of him and told him to get
down on his knees, pointing the re-
volver at his breast. Horton struck
the revolver upward and as he did so
the piece was exploded and the bullet
struck the latter over the left eye, en-
tered between two layers of bone and
followed course to the back part of
the skull. The attending physicians
were unable to remove the bullet and it
remains in that position to this day.
Horton in time claimed that the sight
of his left eye was impaired and in May
1896 suit was commenced for damages
and he secured a judgment Of 81, 800
with S9117 costs of action. Wylie,
through his attorneys, Ryan, Hurley &
Jones, appealed the case to the supreme
court. Brown & Psadt were the at
torneps for the prosecution.
The Kranse case comes from Merrill,
but as Wausau lawyers, Bump, Mar
chetti Il Bump, were the attorneys in
the prosecution we will give brief his
tory of it: Edward Krause, husband of
plaintiff, who lived in the town of Corn
ing, Lincoln county, drove to Merrill on
the 18th day of October, 1890 In going
up certain street of that city on his
way homeward that night he would
have met torchlight procession of a
political meeting, but a policeman
seeing him, fearing runaway,
diverted the man from his course
and in following a side street his team
went over an embankment, and over
turning his wagon which fell on him,
and he was found dead the next morn
ing. Action was commenced by the
widow for damages but after the trial
had proceeded to a point where it was
ready f the jurys consideration, the
presiding Judge issued an order for |