The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1918-02-21
CIRCUIT COURT NOTES.


Monday afternoon and the taking OF
testimony was not concluded until
Thursday evening. The judge then
charged the jury and excused them un-
til Friday morning. They retired for
consultation at 8 Friday morning and
did not arrive at verdict until 10
o'clock that night. The verdict was
opened in court Saturday morning.
The matter grew out of the construct
ion of sewer for the city by the plain
tiff in 1915 in Franklin street from 8th
street to 10th street. The line of the
sewer as constructed was built upon a
line few feet distant from that called
for by the contract. The greatest vari-
ance was feet.
This divergence, the contractor al
legged, was ordered by the city engineer
and which caused additional expense in
obstacles encountered of about $500.
He also claimed about S400 for plank
sheeting left in the trench, left there,
he asserted, also upon on orders OF the
city engineer to protect the city S
water pipes and the aluminium Goods
companys foundations. The sewer
was 80 inch sewer, constructed in
quicksand at these points, and Ia feet
below the street surface. The main
question was whether the city engineer
had ordered these things for the city s
benefit or merely permitted them for
the contractors benefit. The jury ans
wered this in favor of the plaintiff con-
tractor except as to small part of the
sheeting but his damages were fixed
for the divergence at $225 instead of
the $500 demanded, which with the
admitted value OF the sheeting which
the jury says the engineer ordered left
in, makes the entire verdict about $3.50.
The attorneys say that the verdict
was mere preliminary and that the
city's main case is upon the law still to
be argued to the court, the city con-
tending that the city engineer has no
authority to bind the city by such direct
ions as the jury found he gave to the
contractor, and that he cannot create a
city liability.
Aldermen say that Bahr had been
tentatively offered considerably more
than the jury gave him. This was the
last jury case for the term.
The Mrotek divorce case occupied all
of Friday and Saturday forenoon. The
plaintiff wife charged failure to sup
port, drpnkerness and general all
around worthlessness. The husband
came back with some serious aspers-
ions upon the character of the wife
which, court hangerson seemed to
agree, he did not at all substantiate
The wife went into Mysteries on the
witness stand Saturday. The court
granted the divorce and also the fol-
lowing divorces. Lillian Timm from
Elmer Timm, Margaret Ford from Ro
bert Ford, Mary Logue from David
Logue, Anna Platt from Geo. Platt,
Anna Woudrash from Frank Won
drash and Simon Sadkey from Hermina
Sladkey.
The case of Pellet Il McMulen VS.
James Sutfern, was set for Tuesday
morning, but the court informed the
attorneys, after reading the complaint
and answer that he did not desire to
preside at the trial of the case and it
will be tried before some other circuit
judge. In this matter the defendant,
Sutfern, secures an award of about 800
for an injury from the Industrial Com
mission and it was affirmed upon appeal
to the Dame county court, and again
affirmed in the supreme court. Judg-
ment on the award was entered in the
circuit court here. The plaintiffs have
now commenced a separate action to
prevent the execution of the Judgment
on the ground that Suffern did not
make full disclosure of all the facts
upon the hearings before the commits
sion. The accident occurred four and a
half years ago and has been going
through legal proceedings ever since.
The case of the Zulu Knitting Com.
papy by trustee against Fred Bremen
and others came on for trial Wednes
day morning and is the last case for
this term. After taking testimony for
few hours Fred Dicke, attorney for
the plaintiff, withdrew from the case
and the trial was postponed for week.
Four attorneys appear for the various
defendants.