Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1907-10-19
IN CIRCUIT COURT


circuit court matters to that time.
The case in progress at that date,
and the only matter submitted to a
jury thus far this term was that of
julius Bandekow VS. the Burlington
railroad for damages. The deplor-
able accident occurred at Cassville,
March "a, 1905. The youth, then
lad of ten years, was playing in the
sand with a playmate, Kenneth
Bennett, of the same town. Julius
started for home, and was obliged
to cross the Burlington tracks in so
doing. A freight train was passing
at the time and while walking
alongside of the train, which was
going in the same direction, ii
is alleged that something struck him
in the head which caused the boy
to fall beneath the wheels of a train
carrying fifty-four cars. The right
arm and leg were severed, as a re-
suit, the arm at the shoulder and
the leg between the ankle and the
knee. There we're no eye witness
ses TO the scene. The boy screamed
as the cars were passing over his
pinioned members and his COM
panion, Bennett, hearing HIM gave
the alarm. Thetra1nmen did notlearn
of the accident until they had
arrived at Lacrosse.
The claim of the plaintiff was
that bucket suspended from the
rung of ladder on the side OF
freight car projected far enough
outwards to strike the boys head,
and as the passage way was some
what of a common thoroughfare,
that the defendant was liable for
damages on account of the careless
ness or negligence of their employees
in hanging this bucket in such
position.
The amount asked for was $50, 600.
The plaintiff was represented by
Attys. Geo. B. ClementsOn Of this
city and Leo Philipson of Bloom
lngton. The defense made a hard
fight over the contest, their inter
ests being looked after by Wood
ward & Lees of La Crosse and
Lowry & CartheW OF Lancaster AS
stated in Wednesdays Herald, a
jury was secured Tuesday after
noon, their names being then pub
Iished. The case was stated to them
by the counsel for both sides, and
the testimony of witnesses opened
Wednesday morning.
Those examined included the
plaintiff, his companion Bennett,
trainmen, physicians who attended
the injured boy and others, and the
time was occupied until nearly
Wednesday noon. Arguments on
part of the attorneys followed and
at p. m. the case went to the jury.
Judge Clementson in his charge
to the jury submitted seven, lques-
tions to- he answered yes or no,
the final one referring to the amount
Of damages to be awarded. The
jury retired Immediately thereafter
and took the case in charge. They
deliberated until about 10 p. M.
without arriving at a satisfactory
conclusion upon every question
given them. 1t was deemed neces-
sary to call the judge for further
instructions in order to prevent a
disagreement and this was done,
John Woods of Little Grant being
foreman andEDeputy Sheriff Bry han
of this city being IN charge of the
jury.
Judge Clementson responded in
his usual prompt manner and en-
lightened the jury upon questions
of sevidence they were in partial
darkness about, and it took but a
few moments for them, after again
retiring, to arrive at verdict.
Their decision gives the unfortu
nate lad $4,000. Upon the first
ballot adjusting the amount to be
awarded the lowest sum was $1,000
1AIO VOOsOONs LIZ
other ballots were distributed be-
tween these amounts. But q few
ballots were taken after the judges
special instructions to determine
upon the final decision.
The jury returned to the court
SOON at IL p. N. and reported as
HAVING arr we'd at an agreement.
The Judge and attorneys were sum-
moned and the verdict was read as
given above.
Atty. Lowry made motion for a
new trial which was overruled by
the court.
It is an undisputed fact that the
defendant will now take IN appeal
70 the supreme court On the case.
H. E. Austin, the well known
cheese man of Homer. was here