Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1921-03-31
QUESTIONS :
DIP 1ASE
Jury Renders 4cial Verdict but
Some Uncertainty as to Pay
ment Of the $1OO
4cial Verdict but

ran into a depression where the new
road was being constructed west Of
Ableman The culvert had not been
built but a few boards in the depres-
sion would permit car to cross If
care was exercised There was no
bridge across the Baraboo river a
few rods ahead and had the machine
reached that place there might have
been a serious accident. AS it was
depression and the car was badly
damaged. Neither occupant was in
jured, one of them being thrown out
on the ground.
The machine was a Dodge of the
vintage Of 1915. It cost the owner
about $3.50 some weeks before and
the speedometer registered about 25,-
900 miles. After Dr. Dipple bought
the car il had gone 1000 miles more.
According to- the testimony there
was usually nothing at the west end
of the work to indicate the road was
under construction.
After the case had progressed some
distance Attorney Bohn for the de- |
fendant moved this was federal |
aid job Of work and Sauk county was
not liable. Attorney Qaale asked to
amend. This was granted on the
usual terms.
Special Verdict
The jury brought in a special YER
dict as follows:
l. At and just before the time that |
Mr. Dipple's car ran into the ditch,
did Mr.. Dipple fail to exercise said
care as the greet mass of mankind Of !.
ordinarily exercised when acting un-
der the same or similar circumstan-
ces? !
Answer No. J.
2. If you answer question / Eyes,
was the damage done to Mr.. D'pple's
automobile the natural and probable
result of his failure to exercise such
care?
3. If you answer question 1 Eyes,
ought Mr.. Dipple acting as a person
of ordinary intelligence and pru-
dence, reasonably to have forseen &
that damage to an automobile may
probably follow from his failure to
exercise such care?
Answer /
4. If the court shall determine that
Mr., Dipple is entitled to recover what
sum will fairly and justly pay the cost
of repairing the damage done to Mr..
Dfpple's automobile when it went
into the ditch here in question on the
night of July 4, 1920?
Answer $4,000
Doubt as to Payment of Damages
There is grave doubt as to whether
DR.. Dipple receives the $1O0 in dam
ages decided upon by the jury. It is
for the court to determine whether or
not the road under construction was
in charge of the state or county. If the
state, the county wcald not be liable
There are also other questions in
vOlved
Other cars had gone over the new
work short distance and then turn
ed back, finding the road was not
ready for travel
The witnesses: E. H. Groth, DR.. F.
G. Dipple, Harvey W. Morley, F. G..
Luehrs, Herman Mueller, DR.. G. F..
Stekl, J. w. Hyslop, Max A. Spring
er, R. B. Griggs, and Charles Slezak. 4
The jury: Robert Denzer, Ralph
Mortimer Perry Hineman, William
Frese. Ed. Gunthrop, Roy Gasser,
William Toole, Jr., Roy Turton, Albert
hide, w. " Rich, Archie Bonine Rollo
Morley.
Accident Case
On March 81, 1918, as George Car
son was delivering milk with his
team, the animals became frightened !
at escaping steam and dashed away. :
Realizing he could not control them
he jumped from the wagon and in SO !
doing injured his leg and foot. He !
walked sixty or eighty rods to his !
home and Dr. A. L. Farnsworth was
called. The accident happened on :
Quarry street in the city of Baraboo. :
IL c
walks with cane, limps, and is part
ly incapacitated. Since the accident,
however, he has worked part of the !
time, the Frank Herfort Canning
company plant being one of the pla-
ces where he has been employed
Some time ago an action was start
ed, an adverse examination, and the
case was begun in circuit court on
Monday afternoon. The suit was to
recover $4,000, malpractice being al
legged.
When DR.. Farnsworth reached the 4
patient the limb was swollen and it Il
was difficult to tell exactly what was
wrong. He placed bandage on the