The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1915-04-08
ASK FOR NEW TRIAL At ONCE.
Attorneys for Plaintiff Hold Decision
of the Jury is the Best April
Fool Joke Sprung in Kenosha Dur
ing the DAY. Damages at $500.

The biggest April fool joke sprung
in Kenosha today was sprung in the
Circuit Court this morning just after
nine 'clock and the victims Of it were
Attorneys Calvin Stewart and James
Malone. The perpetrators Of the joke
were the members of the jury which
heard the evidence in the suit of Will
lam Charles Earl against B. Q. Gunder-
son. They brought in verdict finding
for the defendant in the case The at
torneys for the plaintiff had lost no
sleep worrying over the consideration
of the evidence by the jury as they felt
certain that under the facts as present
ed that a finding for the plaintiff was
certain and that the. only question at
issue would be the amount Of the dam
ages. The plaintiff, who was terribly
injured when he was run down by an
automobile owned by the defendant at
the Salem railway station on the after
noon Of July 4th Of last year, had de
manded damages in the amount of
$4,000 In the evidence presented to
the jury the attorneys had shown actual
expenses of $500 which had been paid
by the plaintiff as a result of hospital
bills incurred following his injury. The
verdict Of the jury was on the face Of
it for the plaintiff and it provided that
should the court hold that he recover
that Gunderson pay him the sum of
$400 1t was not exactly a straight
verdict however as the jurors after con-
siderable discussion declared in the yer
dict that the defendant did not show
lack of usual and reasonable caution in
the operation of the automobile which
ran down and injured Earl. In addi-
ton to this they found that Earl him
self mad been guilty of .contributory
negligence. Under the verdict it would
be impossible for the plaintiff to re-
cover anything and he would probably
be forced to pay the costs of the action.
Fooled-well I should say we
were. = was the ejaculation Of Attorney
Stewart when he was asked in regard
to the verdict. We have already
served notice that we will ask to have
the verdict set aside as perverse and
new trial ordered and these motions
will be argued before the court on next
Tuesday morning. If a new trial is
not granted we shall of course take the
case to the Supreme court. You may
say that you never can tell what a Jury
will do, but this decision is one that is
past my limited comprehension.
In the presentation of the defend
ants case evidence was produced to
show that Gunderson had operated the
machine with usual caution, but is was
admitted that the machine had "climb
ed the station platform and had seat
tered crowd of people who were wait
ing for train at the station. The de-
tense sought to show that Earl was in
toxicated at the time, but the evidence
along this line was not strong.
Many people who had seen the acct
dent and who had followed the trial of
the case had expected Earl to recover
heavy damages from Gunderson as af-
ter the accident he lowered between
life and death in the hospital for many
months.
The decision of the jury is well
named as the best "April Fool Dav',
occurrence in Kenosha.
&