Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1923-10-24
$1,000 Jury Award
in Auto Crash Suit
Mrs. Meyers Wins Case
Against Kaspers.

Three cases of more than usual in
| terest were disposed of in circuit
court the latter part of last week In
| each case jury verdict was reached
and the matters are closed unless APP
peals are taken.
Mrs. Meyers Award $1,000.
The most important case was that
of Gertrude Meyers, wife of Fred
Meyers of So. Lancaster, VS. VIM r.
Kasper of Fennimore. Mrs. Meyers
injured in an auto collision last
Christmas day on S. T. L. 80 between
Lancaster and Fennimore, asked for
| $4,000 damages. The jury made
answer to three questions, as follows.
Did the defendant while APP
preaching the car in which the plain
tiff was riding and Immediately be-
fore the collision, fail to exercise or
binary care in the operation of his
automobile. Answer-Yes.
2.-Was such want of care the
cause of the collision. Answer-Yes.
3.-What sum would compensate
Mrs. Meyers for her injuries, medical
attendance, etc. Answer-$1,5 500.
The accident happened while the
Meyers family were enroute to Fen
nimore to spend the holiday with rela-
tives. The Meyers car was struck
sideways by the Kaspers car and Mrs.
Meyers suffered broken hip and
! pelvis. She was in the hospital for
eight weeks and is still under medl-
cal observation and care. She gets
about with difficulty, but her doctors
says she will eventually recover en-
tirely. At present the breaks are
healed, but the Sciatic nerve on one
side is affected.
The complaint alleged that Mr..
Meyers turned out but Mr. Kaspers
did not 1t was alleged also that Mn.
Kaspers was driving too fast to avoid
collision.
In answer Mr.. Kaspers averred
that he was not driving fast but that
glare of ice and greasy road pre-
vented him from pulling out of the
rut when he saw the Meyers car. He
claimed he stopped and tried to re-
verse but that the Meyers car, being
driven without chains, slid sideways
down theahill against the front end
! of his machine.
The jury took the PLAINTIFFS view
and allowed her $500.
False Arrest Suit Falls Down.
In the $4,000 damage suit for false
! Imprisonment brought by Leo Scheur-
err against Geo. H. Harris, Wyalusing
parties, the jury held for the defen-
! dant.
/ Mr.. Scheurer claimed that on April
| &c, 1922, Mr.. Harris and others con-
spired against him and caused him to
be held in Jail for 81 days to his great
modification and loss of time and
money. He claimed that parties de-
string to bail him out were openly
! threatened by the Harris crowd" He
averred further that finally the dis
trict attorney dropped the case by
annulling the prosecution (nolle
proseque) and he went home to his
needy family.
The Imprisonment grew out of Il
/ complaint made by Harris to the eff
! feet that Scheurer had fred a shot
! gun at him from a distance of 80
yards. Harris claimed that Scheurer
! insisted in going through the Harris
pasture to get to some land of his in
| spite Of there being regular road.
| When admonished by Harris Scheur-
err waxed wroth and finally, according
/ to Harris, bullets flew in his direc-
ton. Harris admitted he filed
! charges but denied he conspired. He
be taken before the justice or to be
| committed for 80 days.
The jury held that Harris acted
without malice in making the COM
| plant; that he did not act without
probable cause. That he made al
honest statement in filing the COM
plant; that he acted upon advice OF
the district attorney; that Scheurer'S
damages, punitive and compensatory,
| against Harris, Were-Noth1ng.
The farmers are neighbors. Harris
is a town official, weil-to-do and ap-
parently influential and respected.
! Scheurer is in humble circumstances.
Legal Advice Seems Best.
Failure to get proper legal advice
threw damages on John Davis Jr. and
| James Kies, both Mt. Hope, defen-
dants in suits brought by Mrs. Jessie
| Wolff, neighbor. Mrs. Wolff alleged
| that in foreclosing chattel mort
gage held by Davis the said Davis
failed to comply with the legal delay
of five DAYS established by law as fair
to the mortgagor. The jury held that
Mrs. Wolff had offered to redeem i've
heifers sold at the sale within i've
DAYS after sale and placed the value
of the heifers at $420. The plaintln
gets the difference between what the
heifers sold for and the sum the jury
established as their value. In the case
against Kies, one of the buyers at the
sale, the jury held that Mrs. Wolff mad
offered to redeem six cows within the
five-day limit and had placed the
market value of the COWS at S42J.
Mrs. Wolff gets the difference in this
case also.
Circuit court opened again Monday
afternoon for the consideration or
j further civil cases. Following these
criminal cases will be in order The
state VS.. Townsend and the state VS..
i Oates and Moore come first. The Bas-
ford trial will probably come up next
week.