The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1905-10-05
Supreme Court Affirms Decision
of the Lower Court in Action
Brought for Damages
DANCES HEIRS ARE In ITALY
Damage Suit Against the Windsor
Spring Company is Sent Back for
Another Weissmann Wins
Another Victory in the Court

The heirs Of Joseph De Ange, the
Italian workman killed along the
tracks of the North Western railway
just south Of the city in 1904, will re-
cover damages to the amount of $1,000
from the North Western Railway
company. This decision was made
by the supreme court of the state on
Tuesday, when it affirmed the judg-
ment of the lower court in the action.
The case was a most unusual one IN
the annals of Wisconsin damage
suits. De Ange had no relatives IN
this country, and after he had been
killed on the railway tracks Public
Administrator Henry Jordan asked
for the administration of the estate of
the deceased, and as administrator
brought suit against the North Wes-
tern Railway company. The case
was never tried by jury, but the
attorneys for the company after a
big fight in the circuit court as to the
right of the public administrator to
bring such an action, allowed judg-
ment for the full amount claimed to
be entered.
Attorney Hizer, who represented
the company in the suit, at once APP
pealed the case to the supreme court.
It is claimed that this is the first time
that this point has been laid before
the court. Attorney Verne Baker Of
this city represented the public ad-
ministrator in the case,
It is. known that there are heirs to
the estate of the deceased Italian, but
they made no application for the ad-
ministration of the estate. It is prob
able that the railway company will at
once pay the Judgment, and the money
will be held in trust by the county
court pending the location of the
theirs. OF course in case the heirs are
never found, the money will go to the
state.
Hooking Case Reversed
| Another decision of great interest
in Kenosha was the decision reversing
the Judgment Of the lower court in
the suit brought by w. j. Hooking
against the Windsor Spring company.
This case was tried some time
ago and the verdict of the jury at the
direction Of the court was in favor of
the defendant company. Hooking
was former employee of the Windsor
/ Spring company and while working
on one of the machines in the factory
a splinter of steel flew from a die
striking Hooking in the eye. He lost
his sight in this eye as result of the
accident and brought suit to recover
$4,000. The case was bitterly con-
| tested in the circnit court and ended
with the verdict for the defendant.
Under the ruling of the supreme
court this verdict is reversed and the
case is sent back for another trial. It
| is probable that it will be taken up at
the March term of the circuit court.
Robert V. Baker represented the
plaintiff.
| Wiessmann Wins Out
Henry Weissmann, the Brighton at
torney who has figured much in the
public eye during the last two or three
years, won another case in the SUI
preme court Monday when judg.
ment was handed down reversing the
| Judgment of the lower court in the
action of Weissmann VS.. Donald.
This was the action tried in the cir
cult court for Racine county.
The case is sent back for new
trial. Justice Dodge wrote the decis-
ion in the Weissmann case while the
decisions in the Windsor case and the
DeAnge case were written by Justices
Cassoday and Kerwin.