Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1922-09-21
From Tuesdays Daily


Railway company, according to the
record of Clerk of Court Frank b.
Moss in his biz book. after the wit
nesses had all been heard there was
an argument by the attorneys on the
question of a directed verdict. The
jury had been excused from the court
room and when they returned Judge
Crosby instructed the twelve to direct
a verdict and find for the defendant
that the plaintiff had no cause of
action,
The Accident
A year ago last January Mr.. Fair
child was driving his automobile and
as he went over the crossing in the
village of Spring Green. coal car
struck his machine, wrecking the
automobile and somewhat injuring
the driver. He was under the care
Of a doctor for about a month No
bones were broken but he was more
or less bruised.
The freight was backing at the time.
there being eight cars, the first a
coal car and the next a box car on
which the brakeman, ]. r. Black,
was riding. The train was going
about four miles an hour, there was
nothing to obstruct the view of the
driver, and the court held that he
did not use ordinary care in attempt
ing to drive over the crossing.
Mr.. Fairchild brought an action to
recover $4,000. 1t is said the company
offered to settle for $500 before the
suit was begun. As the matter now
stands he gets nothing from the com
pany and must pay the costs, which
is considerable if all the witnesses
accept their fees.
The train crew came to Baraboo 10
testify in the case.
The witnesses: w. c. Schwanke
Herbert Davis, Morris Barnard, ]. w
Carpenter, w. d. MagH, II. L. G -ay,
George Hathaway, Gust Wagner, John
Wagner, John He thaway, Louis w.
Fairchild, J. c. Evans, w. p. Melon
aid, DR.. Frank Nee, ]. F. Black.
Jacob Simpa, F. n. Cooper Thomas
Goggins, John c. Harrington. Ed.
Hood and B. " Burtch.
The jury: Arthur Hulburt. Foster
Harrison, Andrew Hosig, Alvin Cla-
ridge, Sherman Gardner, Everett
Jackson, II II. Stanley, H. X. Hill. G.
H. Meyer Theodore Brandt, David
Andrews, Mrs. d. O. Stein.
Another Case
In the case of Clarence La Rue Va.
Town of Ironton there was a motion
to dismiss the appeal. The court will
decide later.
5araboo Case
The case of Anna Hoax against J.
Is. Southland occupied the attention OF
the court today.
tFrom Wednesdays daurl
IN the case of Anna Holak of Hills.
boro against j b. Southland OF Bara.
boo. Mrs. Holak won the suit, in cir
cult court
II. Ellsworth Thomas had some
cattle which he sold to Mrs. Holak,
bill OF sale being given and the
cattle remaining in possession of Mr.
Thomas. The bill OF sale is dated
December q, 1920 and the amount
involved is $54750
Later with her permission he
brought the cattle TO Baraboo. he TO
have the cream checks for keeping
the animals. Later Mr.. Thomas gave
a chattel mortgage to ]. B. Southland
the amount borrowed being $216. In
November, 1921 some of the cattle
were sold and the remainder are on
a farm near Baraboo.
When Mrs. Holak heard of what
was transpiring she brought suit 10
recover her property The question al
issue was whether or not a bill OF
sale came before a chattel mortgage
the bill of sale in this case not being
recorded but the chattel mortgage
was. Another point at issue was
whether or not Mr.. Southland knew OF
the bill of sale; the testimony show
ed he did.
The jury rendered a special yer
dict, the ten questions being as fol
lows: