The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-10-22
Decides for Kenosha C0un-
ty in Mccoy $4,000
Damage Suit.
DENIES CLINIC APPEAL
Other Kenosha Cases Given
Decisions by Supreme Court
After Arguments.

out two decisions which interest Keno
sha county. In one the county was
named defendant in a damage suit filed
by Robert Mccoy and his father,
James Mccoy. A circuit court jury
gave the plaintiffs an award of $4,000
and the county appealed for new
trial, which motion was granted by
Judge E. B. Belden. The supreme
court today affirmed the grant by the
The case in which Kenosha county
was named as defendant originally
grew out of an accident on County
Trunk Highway "a" on Aug. 10, 1922,
when Robert Mccoy, then eight years
old, was seriously injured when he
fell off of truck driven by John Ter
horst for Kenosha county. The acci-
dent was claimed to have been due to
defects in the road by a Racine county
circuit court jury which found de-
cision for the plaintiff when the case
was heard there. The jury also named
the amount of damage for the plain
tiff, awarding the sum of $4,000 to
the boy and $1,000 to the father of
the boy, James E. Mccoy, who institut-
ed the action.
District Attorney Lewis Powell, As
sistant District Attorney Morris Bar
nett and Attorney Robert V. Baker,
called into the case as additional coun-
sci for Kenosha county, argued for a
new trial before Circuit Judge E. B
Belden on the ground of newly dis
covered evidence and ain furtherance
of Justice" 1t was pointed out at the
time that in such an action a county
can be liable only to the limit of $5,-
900 and the jury's award in this case
set the total damages at $1,000. The
motion was granted and a new trial
was ordered.
Appeal From Judges Grant.
Immediately upon the granting of
the motion, James Mccoy, through his
attorneys, filed notice, that an appeal
would be taken to the supreme court
on the Judges decision in the case.
The appeal objects to the dismissal of
the complaint against Terhorst by
Judge Belden, who also granted the
county a new trial. 1t repeats the
evidence brought out at the trial
which tended to place an element of
guilt on the driver of the truck and
the county, as owner of the highways.
And it appeals to the supreme court
for an. order setting aside the circuit
judges motion for new trial and or
dering. the original verdict to stand
against the county.
The trial aroused considerable in
terest in Kenosha and Racine coun-
ties and occupied several weeks time.
The arguments before he supreme
court were made two weeks ago by
the counsel for the county and the APP
pellant, and the supreme court JUS
tees at that time took the matter I'M
der advisement.
A second case decided was civil
suit between Mrs. Rose Jacobs, for
merly of Kenosha, and DIR. R. o.
Grigsby Of the Kenosha Clinic. Mrs.
Jacobs had sued in the circuit court
for $4,000 damages alleging that she
had suffered to that extent when a
capsule of radium was placed in her
stomach while she was undergoing
treatment. The damages were award
ed and the defendant appealed. The
decision of the lower court was then
affirmed.
Muirhead Wins Appeal.
BY the decision of the supreme
court, Judge Belden's decision was re-
versed in the case of Thomas Muir
head VS.. John Bruins. Muirhead,
represented by Attorneys Stewart
and Vaudreuil, brought action in
circuit court against Bruins as the re-
suit of an accident which happened
when Bruins was moving house.. A
stretcher wire at the corner of Sher-
idan road and Middle street tripped
Muirhead while walking across the
street, and he was injured. The jury
found for Muirhead, giving him dam
ages of $4,000. Judge Belden, how
ever, set aside the jury verdict and
gave decision for Bruins. Stewart
and Vaudreuil carried the case to SUI
preme court in behalf of Muirhead,
and won, the courts decision being re-
versed.
Son Wins in Ernst Case.
Walter Ernst, defendant in suit in
circuit court in which his father, John
Ernst, was plaintiff, won again when
the case was appealed to supreme
court. Attorney Stephenson repre-
sented Walter Ernst. Ernst Sry rep
resented by Attorneys Stewart and
Vaudreuil, sought to have contract
and will set aside which had been
signed by the father making over his
property to the son on the grounds
that he did not know at the time just
! what he was doing.
Judge Belden rendered decision for
Walter Ernst, the defendant. The
plaintiff carried the case to supreme
court. butt decision has just been
handed down by that body affirming
the decision of Judge Belden, which
gives again victory for Walter Ernst
snd his attorney, Roy S. Stephenson.
Real Estate Cases Too.
In the case of William Girman VS..
Joseph Hampel, which was a suit for
real estate commission, Girman won
again in supreme court. He was given
decision in the circuit court and the
case was carried up by HampeIs attor-
neys, Higgins and Higgins, and Buck
master and Hammond. The supreme
court sustained Judge Belden's deci-
sion in the lower court, finding for
! Girman.
In the case of Genske vs.. Jensen,
also a real estate commission case,
Genske lost in supreme court. Deci-
sion had been given him following the
trial in circuit court. but the case was