Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1925-03-19
CITY Wins
ROHN CASES

/. On the evening of December 5,
1923, Richard L. Bohn, son of Mr..
and Mrs. A. W. Rohn. was badly
injured when he dashed into d
pile of earth while riding a motor
cycle. The accident happened on
! Second avenue where water and
sewer connections were being made
by L. c. WEIGH. An excavation had
been made and when night came a
light was placed, also barriers. The
young man came down the street
from the east, saw the danger when
near, turned off the power, the ma
chine skidded, he turned on the
power to right the machine, the
one injured said, and in an instant
struck the bank OF earth.
He was found soon after by Mrs.
Myrtle Lane and her sister, Miss
Haskins. When taken to the hospi-
tai it was found that both pelvis
bones were broken and the young
man was otherwise seriously injur
/ ed. 1t was necessary to take him to
Milwaukee and in due time ne full
IIy recovered.
The son sued the city of Bara-
boo for the sum of $4,000 and the
father for 1925, the actual, cost for
doctor hospital and other expenses.
During the triol the members OF
the jury were taken to the scene
of the. accident.
Trial Long One
The trial was long one, there
being many witnesses, some of
them giving expert testimony.
The charge to the jury by Judge
/ Crosby consumed almost an hour,
one of tbs, longest in the history of
+ the Sank county circuit court. He
went over the ground carefully and
in detail
The questions at issue were
largely whether the city had exer-
cised ordinary care in placing a
light and barriers at the scene of
the excavation. The court explained
i that the speed of machines in ci-
ties whore houses are close togetl-
er is fifteen miles per hour and
that motorcycles must be provided
with lights Of 1900 candle power
and that the rider must be able to
sec at least 100 feet in advance.
iiIn case of RAINY or foggy weather
he must reduce his speed so that
The may be able, to stop in a very
short distance.
l. The case went to the iary or a
special verdict.
The witnesses: L. c. WEIGH, A.
w. Rohn, Richard L. Rohn, DR.. H.
J. IRWIN, Romeo Schroeder, w. E.
Baringer, Joe Golding, Charles VIII
kinson, Elmer Cafl.sch, Ray Under
,kofler, r. w. Wickus, Mrs. Myrtle
Lane, Milton Starner, L. j. Ferris
H. e. French, August Platt, V, P.
Moore, Ella Sarahan, Harry A.
! Schultz, Freeman Capener, Theo-
dore R. Deppe, Pierce Sansum, Irv-
1 ing Fuchs, William Stonesifer, Roy
1 Capener, Herbert H. Grubb, w. G..
4 Evenson, W. G. Miller, Charles Pol
son and Charles L. Walrath.
The dispositions of John Stcil-
brink, and w. H. NoiIes were read
into the court
i The jury: H. Benzemann, Mrs.
Ella Darrenougue, John ziemke,
4 Fred Phillips, Frank Clary, George
Schenkat, William Dwars, Robert
4 Blanks, George Liegel,, Whitney Full
mer, Joe Laughney, H. Schreiner.
Special Verdict
4 The questions and answers OF
/ the special verdict read as follows:
/ Cues. No. /. Did the defendent,
IL. c. WEIGH fail to exercise ordin-
airy care in protecting and guard :
1 ing such sewer trench on Second
/ avenue in the vicinity OF such
sewer trench in a reasonably safe
condition for public use?
Ans Yes.
! CUES No. q Did the defendant,
! /. c. " I Il fail to Exercise ordin-
airy care in protecting "a. guard
/ ing said sewer trench in question
/ on the night of December 5, 1923,
to render Second avenue in the
4 vicinity of such sewer trench in a
/ reasonably safe condition for pub
ilic use?
/ Ans. Yes.
/ Ques. No. 3. If you answer
/ question No. 2 "Yesf, then answer
this question: Was such failure on
I the part Of the defendant, L. C.
/ WEIGH to exercise ordinary care
! in guarding and protecting such
| sewer trench the proximate cause
/ # TIE plaintiff, Richard L. Rohn's
! injury?
/ Ans. No.
| n,,csc No nh tTo ofFicorc of