The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-08-23
CLAIM $4,000 FOR
BOYS RIGHT ARM
r. and J. E. Mccoy of Burl-
i1gton Demand Large
Sum from County.
BLAME COUNTY ROAD
Boy Had His Arm Torn Off
when Thrown from a Truck
On the Burlington Road.

Alleging that the insufficiency of a
| highway in Kenosha county was the
cause of the right arm of Robert Nc
| Coy, nine-year-old Burlington boy, be-
ing torn off following motor car ac-
| cident, Attorney r. j. Hennessey of
milwaukee representing the boy and
his father, James E. Mccoy, has filed
| two claims against Kenosha county.
In one damages to the amount of
$25 900 are demanded on behalf Of the
injured boy, and in the other the
father claims damages of $4,000 for
the loss of the services of the boy
prior to the time he may attain his
maj GRITTY.
No suit has as yet been filed against
the county, but it is understood that
the filing of the two claims against
she county prefaces the action in the
circuit court in which a similar amount
will be claimed as damages.
The county officials have shown no
desire to compromise the claim of the
boy and his father and it is under
stood that the claim will be contested
through the courts of the county and
state.
SnAA6C ANCHhSChNb S0uSCu FANNAACAIs
1t is the contention Of the county
that the negligence of John Terhorst
| of Burlington, who was driving a truck
in which young Mccoy was riding at
the time of the accident, was the real
causeS for the injury Of the boy, The
case has been carefully considered by
the county road engineers and there
is an abundance Of evidence to be pre-
sented to a court or jury to carry out
the contention Of the county officials.
In the claim for damages the attorney
for the boy and his father asserts that
the highway was but twelve feet in
width at the place where the accident
took place and he holds that such a
width is not sufficient for main trav-
eled highway like the Burlington road.
The attorney asserts that the fact that
| the highway was so narrow made it
unsafe for it to be used by vehicles
like the one in which the boy was
| riding.
Boy Terribly Injured.
The Mccoy boy was terribly injured.
The accident occurred on August 10,
1922. The Mccoy boy and a number
of other boys were riding on the truck
| driven by Terhorst. According to, the
report of the accident made at the
time, the Mccoy boy was sitting in the
door of the truck driven by Terhorst,
with his feet hanging down and resting
on the running board. Terhorst start
ed to- pass a truck belonging to the
! Klein Beverage company at Burling-
| ton. Both trucks were moving in the
same direction and when Terhorst at
tempted to pass4he other truck he was
forced to pull his truck down into the
ditch. The truck overturned and young
Mccoy was caught under it in such a
way that his right arm was torn off
at the shoulder. He was in hospital
for many months before he recovered
from the effects of the accident. Iii
claimed now that while manned fol-
life, he has entirely regained his
| health.
Immediately after the accident the
county engineers went out on the road
and made measurements of all angles
of it. "The insuficiency in this case,
said one of the county men this morn
| ing, twas the failure Of the driver OF
that truck to exercise reasonable care
in driving on the road. He took the
chance of passing another truck wher
he must have known that there was
grave danger in taking such chance
It seems to me that the terrible injury
of this boy was caused by the negli-
gence of the driver of the truck ant
that any action for damages should
properly be~against the driver or own
er of the truck"
The claims will be presented to the
county board at its next meeting.