Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1905-10-17
BIG TOWN OF ROCK
CASE is NOW ENDED

Jury Declared Redepennine
Should Receive $1,000 Dam.
ages.
The jury in the famous town of Rock
damage case, after Being out for
twenty-four hours, brought in a ver-
dict for 81, 600 damages for the plain
tiff, Fred Redepenning. This is the
longest jury has remained out on
question for long time in Wood
county, or liz fact the seventh judicial
circuit court district and the delay
was all on account of one man, whose
indemnity is known, but withheld. For
twenty four hours, he held out
against the will of the other jurymen,
and only when they threatened to stay
out week rather than give in to him,
he consented to let his vote 60 with
the rest.
The cause for the action occurred in
1903 in July. Fred Redepenning,
together with a number of others,
hauled wood over a new road going
toward Progress village. Due to
rains and to the quality of the soil of
which the road was made, testimony
showed the road to have become
rather rough In places, and it was in
one of these places that tine accident
occurred, from which this suit grew.
Redepenning had on a heavy load of
oak wood, nearly cord and a quarter
being piled upon a wagon and with
four stakes to hold it upon the wagon,
and with no chains or other stays. 1t
appears that when he reached one
particular spot were there was rut
near stone, one of the stakes of the
wagon rack broke and from this
Redepenning was injured.
When the stake broke, the horses
ran away, and Redepenning being
thrown out upon the ground and still
clinging to the team, was severely
injured, so that one limb is now nearly
three inches shorter than it's mate.
Other injuries were received by him
at that time, and it was for damages
for these injuries, because of the
alleged defective piece of road tnat he
was plaintiff in this action, i!ss.
The case was brought to trial last
spring at the term of Circuit court in
session at that time, and after it was
argued pro and con, and finally went
to the jury. after remaining out in
the matter for several hours, they
reported to the court that they
could arrive at no decision, and they
were excused and new trial granted
for this year. This fall there was a
greater effort on both sides to winning
the case. Attorneys Williams of Mil
waukee and Pors of Marshfeld defen-
ded the town of Rock; and Attorneys
| D. D. Conway, Metcalfe and Goggins
! won the case for the plaintiff Fred
Redepenning. 81
The plaintiff contended that the
road was in impossible condition., and
that the town officials did not
make any attemptto get il in good
condition for travellers, that it was
: due solely to this neglect that the road
was in such condition that Redepenn.
} ing was injured. On the other hand,
the town officials claimed that the wet
WOO thor m do If i,nnocc;hlo For <hnn,
to keep the roadin condition, and that
Redepenning knew'it to be the case
when he went overft; that it was due
J as much to his carelesSness as to the
J condition of the road that the acct.
dent occurred to him. After twenty.
four hours out on the case, in which
one man was the cause of their being
out so long. the jury granted .Rede-
penning 50, 900 damages. 1t is under
stood that the town will appeal the
case.
| Much credit is due the attorneys in
the case for the hard and determined
fight they made in this case. 1t was
an exceedingly doubtful one and one of
the hardest fights made In this county
10 long while was made over it. Ii
reflects great credit upon t he attof-
neys who helped win the case. D. D.
Conway, B. R. Goggins and G.. Fl. Met
calf. No less creditable was the
determined fight made by Geo.
Williams and E. G. POrS in defence OF
the town of Rock. Strong arguments
were made by each of these and
created much interest in the case for
those outside.