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No Cause For Action

No Cause For Action image
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Public Domain
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The case of Dixon Bürchard vs. Mich. ael Hochradel and Bartender Holcomb. was finisüed yesterdáy morning. This is the Milan case where Burchard, a cripple, claims to have been thrown or dragged out of Hochradels' saloon without provocatjon. The defense was that when Burchard and Holcomb became involved in a dispute, Burchard called the latter a liar and became noisy, whereupon Holcomb ordered him out, Burchard resisted and Holcomb put him out. It was undisputed that Hochradel, the proprietor, was in Ann Arbor, on the day of the occurance. Judge Kinne charged the jury substantially as follows: "If you find that Mr. Holcomb is not guilty, theii' Mr Hochradel is Dot guilty also. Btit if Holcomb is guilty, then it becomes a question whether or not Hochradel is also. If it was only a personal quarrel between Burchard and Holcomb, and independent of any business, then ihe employer is not guilty. If it was done in the line of employment, and if Holcomb had no ill-will, Hochradel is guilty if Holcomb is." "A saloon, while it is public in a qualified sence, is a private business. The public has the right to enter and may remain there, until requested to leave by those in charge of the place. A man in charge of a saloon has the right to descriminate as to those wilh he desires to do business. Parties have no right to become disorderly. If they become noisy or boisterous, then the person in charge can demand that he leave, and if he refases, he can use forcé to put him out. If Burchard called Holcomb bad names, that would not justify an assault but if ha became abusive, then' Holcomb could order him out, and if he did not go, he could use forcé, but not more than is reasonably necessary. A saloon keeper, or those in charge have the right to malntaln order in their places of business. ;' The jury retired about 10:30 o'clock and as soon as they had their dinner servet], they brought in a verdict of " no cause for action." The result of the verdict is due to the careful preparation and handling of the case by Attorneys John P. Kirk and William Murray. Mr. Kirk made a particularystrong argument to the jury which uiuler the charge of the court could nol be otherwise than convincing. Attorneys Lenman & Stivers both made Btröng pleas for the plaintiiï. C. F. Staebler, clerk of Ann Arbor township, will be at the county treasarer's olïice in the coiirt honse Saturday, Dec. 9, iiutil 4 p. m., to receive woodchnck scalps and sparrow heacls and givo bonnty order for tho same.