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    1. [WIGRANT] Albert E. KIDD killed in accident near Cassville 1872; wife Glendora sues saloons
    2. This is a Message Board Post that is gatewayed to this mailing list. Author: metaphor Surnames: Kidd, Keippel/Kippel, Mills Classification: death Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.wisconsin.counties.grant/4129/mb.ashx Message Board Post: GRANT COUNTY. Mr. Albert E. KIDD, of Glen Haven, was killed, on Sunday last, by being thrown from a wagon. Source: Milwaukee Weekly Sentinel (Milwaukee, WI) Tuesday, June 25, 1872; Issue 26; col A ==== The widow of Mr. KIDD, who was fatally injured near Cassville, Grant county, on the 6th of June, is about to commence a [illegible] against the saloon keepers of Cassville. It is stated that KIDD was under the influence of liquor at the time of the accident. The damages are laid at $5,000. Source: Milwaukee Sentinel, (Milwaukee, WI) Thursday, July 11, 1872; Issue 162; col D ==== An Important Decision Under the Liquor Law. In August last, one Glendora A. KIDD, of Grant county, commenced a suit in the Circuit Court of Grant county against Nichols KEIPPEL, and his two bondsmen, to recover the penalty of his bond ($2,000), given under the liquor law of last winter. It appears that her husband, a resident of the town of Glen Haven, on the 16th of June last, drove to the town of Cassville, and obtained some beer at the saloon of the defendant, KEIPPEL. Driving home towards night, and having a pair of young, spirited horses, while trying to pass another team on the road, his wagon ran against a stump. His horses then became frightened and ran way. KIDD fell from his wagon, and while trying to stop his horses, was dragged along for some distance, suffering severe injuries, in consequence whereof he afterward died. His wife brought the suit to recover from the saloon-keeper and his bondsmen $2,000. KEIPPEL being a member of the Protective Association, was defended by the Hon. F. W. COTZHAUSN, of Milwaukee, who interposed a demurrer to the complaint, on the gorunds: 1st, That the bond was defective, and not according to law. 2d, That no suit at the instance of a particular individual, could be maintained upon the bond for the penalty thereof, but that all such suits had to be instituted in the name of the State, the bond being intended as security to the commonwealth, for the benefit of any and all persons who might become injured during the life of the license, and which therefore could not be exhausted at the suit of a particular individual. The demurrer was sustained by his honor Judge MILLS, on both grounds, and the suit dismissed. It appears from the decision of Judge MILLS that private individuals cannot sue on these liquor bonds, which are given to the State. If suit is brought it must be by the State, as our general government prosecuted the Alabama claims. If any sums of money are receovered in such prosecutions, the amount will, of course, go into the State treasury, and an appropriation by the legislature will be necessary before party or parties for whose benefit the suit was bought, can handle the balm which this bungling piece of legislation attempts to apply to their bruised affections or bodies. If this be accepted as the law, as we suppose it will be, "Graham's Liquor Law" becomes a dead letter on the statute book, and it will undoubtedly be repealed by the next legislature. Source: The Wisconsin State Register (Portage, WI) Saturday, November 23, 1872; Issue 38; col A Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.

    04/15/2007 05:51:34