Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1921-04-21

Sheriff-Herman NeltZel.
Under Sheriff-William Welk.
Deputy Clerk-Hazel e. Moss.
Fire Cauess Suit
Near the village of Plain on October
IA, 1920, fire destroyed residence,
barn, silo and other property ON the
farm owned by Leo Hutter. The
losses were as follows:
Residence---------- Sl,oOO
Rarn 400
Personal property-------- 2,235
Fire at Midnight
According to the testimony the fire
commenced in the kitchen about mid
night and there was some wind blow
ing. When some of the witnesses
arrived at the scene about 2 o'clock
the residence was in embers and the
barn was burning. The nut to crack
in the case was to find out how much
hay was in the barn.
Some testified that a short time
before the fire there was at least five
feet of hay on the barn floor: others
there was probably four or five tons.
and still others that there was little
there except ,chaff. Some thought
there was more hay in one end of the
barn than in the other and one man
said there was no hay worth men,
tioning because he could see a COW
on the other side of the structure,
through the cracks.
Cracks Also Varied
Not only did the witnesses fail to-
agree as to the amount of hay but
as to the size of the cracks. One man
said they were about quarter of an
inch wide, another that they were
at least an inch.
Most of the witnesses had observed
the situation while hauling cane past
the farm, while at work on the farm.
or while at the fire. The barn wos
an old one-a landmark in the neigh
borhood.
Dispute over Hay
The sum of $4,000 has been paid on
the loss. When the adjustment was
made the value of the hay was fixed
at about $500 but later the officers of
the company decided there was not
that much in the barn The matter
was referred to a committee of neigh
bors and a decision was reached but
not agreeable to the one sustaining
the loss.
In bringing the suit Mr.. Hutter held
there were twenty tons of hay in
the barn valued at $25 ton or total
of about $500. The company held
there were not more than ten tons OF
hay, worth not more than $21 a ton,
or something like $210. The com,
pany had been willing to pay about
this amount on the loss.
Two Policies
There were two policies. No. 1854
was on the cheese factory and includ
ed household goods This was dated
April II, 1919.
The other policy was 1446, policy
the father had on the farm and which
was transferred by the company when
the farm passed to the son. No house
hold goods were included in this pol
icy.
In November, 1919, the household
goods included in policy No. 1884, val
ued at about $1,025, were removed
from the cheese factory to the farm
about one and one-half miles away
without permission from the company
The goods were burned and there was
some uncertainty as to whether the
company had ever been notified. The
company was willing to pay the loss
on the household goods, however, anC
this was a minor item in the suit.
SPECIAL VERDICT
The jury has rendered a special yer
dict on the following questions:
1. How many tons of hay belonging
to Leo Hutter were destroyed by
said fire?
Answer-Twenty tons.
q What was the fair market value
per ton of the hay destroyed by sait
fire?
Answer-$25.00 per ton.
8. When Mr.. Reuschlein called UP
on Mr. Hutter after Mr.. Hutter ha,
moved onto the farm did Mr. Reusch
1ein say to Mr.. Hutter, in substance
that there was no use Of having house
hold furniture in two policies, that h
would leave it in the policy ON tn
cheese factory and that it would b
all right and it would make no differ
ence which policy it was in?
Answer-Yes,
Mr.. Hutter won the case.
John c. Bum -7as the foreman.
The. court will give his findings i
the future.
Mr.. Hutter has left the farm and o