The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-09-29
HUSBAND DEMANDS DAMAGES
Alleges That Either Negligence of the
City or Want of Care of the Con-
tractor Was Cause of Injury to His
Wife.

j. I. Thompson, general manager OF
the Davis Manufacturing company in
Milwaukee and his wife were both
slightly injured in an automobile ac-
cident in Kenosha Tuesday evening
when the automobile in which the
couple were riding struck an -unpro-
tected break in the road at the corner
of Ashland avenue and Julius street.
Thompson this morning retained Peter
Fisher and before he left for Milwau
kee served notice On the contractor
and the members of the city council
that he would bring action for dam
ages. The injury of Thompson and his
wife and the war of words between
contractors and officials Of the city was
the most interesting thing in official
circles today. Neither Mr.. nor Mrs.
Thompson were very seriously injured
and they left in their automobile for
Milwaukee just before noon today.
Tuesday evening it was thought that
the injuries to Mrs. Thompson would
prove very serious and she was taken
to the Eichelnan hotel and was in care
of a physician during the night. The
automobile had been purchased in Chi
cago by Thompson on Tuesday after
noon and he had started to drive it to
Milwaukee. Mrs. Thompson was the
only other passenger in the machine.
The Thompsons reached the south linn
it's Of the city on Ashland avenue just
before eight O'Clock and according to
their story we're running at low rate
of speed. Julius street at Ashland
avenue has been closed up for some
time on account Of the paving of Ash
land avenue and at the intersection of
the streets there is a step down of more
than twelve inches which had been left
pending the laying of the brick on the
street. 1t is declared that the street
had been closed up longer than the
time allowed in the contract for the
paving of Ashland avenue and Tuesday
afternoon City Engineer Moth de
manded that the street be opened. It
was opened but nothing was done to
protect the users of the road against
injury. There was no light at the cor
ner and when the automobile in which
Thompson and his wife were riding
struck the unfinished street Thompson
sought to get off it just as soon as
possible and seeing the opening at
Julius street he attempted to turn into
the street. When the car struck the
unprotected rise in the street Mrs.
Thompson was thrown from her seat
over the wind shield and probably
would have been killed had it not been
for the fact that the force Of the i'm
pact killed the engine of the automo-
bile. Thompson was wedged in behind
the steering wheel and was not thrown
from the car.
Thompson went to the home of Al
derman John Hegeman who lives at the
corner and made a strenuous complaint
against the condition of the street and
Mrs. Thompson was cared for at the
hegeman home until she was able to
go with her husband to the hotel. She
suffered considerably from the shock
and was badly bruised. The automobile
had badly bent front axle but this
was the only damage done to it.
Thompson when seen this morning
declared that he had instructed his
attorneys to put in claim for dam
ages and he declared that it would be
up to the city to decide whether the
contractor or the city was liable for
the damages. The question is one that
viii be decidedly interesting and it is
certain that the courts will have to de-
eide as to the liability.
Many complaints are being received
on account of Ashland avenue being
closed up for SO long a time but Con
tractor Petersen declares that the brick
for the completion Of the work have
been shipped and he hopes to start lay
ing brick before the end of the present
week.