The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1901-05-31

Jury Returns. A Verdict Fo,
. Him For Full Amount
Of Loss By Fire
CASE IN DETAIL.

CASE IN DETAIL.
A jury iu district court shortly
before o'clock Monday afternoon
returned the most important YER
dict the court has ever recorded. In
effect the verdict holds the Moon &
Kerr Lumber company responsible
for the fire that destroyed the busi-
ness portion of the city of Virginia,
June 7, 1900. If the decision is up
held by the court of last resort,
which will undoubtedly have an
opportunity to pass upon it, this
verdict means that the lumber
company will be compelled to pay
If it is able-the damages incur
red by all of the residents of ~Vir-
ginia that suffered through the fire.
According to the principal mem
Der of the company, D. H. Moon,
that spells ruin.
The case was given into the hands
of the jury at 10 o'clock yesterday
morning, and the verdict was re-
turned after deliberat tion of seven
hours. When the announcement
was made that the jury had agreed,
it was something of a surprise, be.
cause nearly everybody had argued
from the intricate nature of the
caae and the length of time that
had elapsed that a disagreement
was certain.
The verdict was for the full
amount asked by Gle Halverson
for the loss of his home and butch.
er shop, $3.50. There was no dis.
put on the amount of his claim, the
Company in its defense contentine
itself with fighting the general
principle of its liability. The YER
dict is important not on account OF
the size of that one verdict, but be-
cause there are four other cases
pending, and because there are
suits ready to be begun by a large
number of the losers in the Virgin
ia fire. .... ss3sss LIS
DH: noon, ~ VI n, ti,e noon 81 q 9 sl ~
Lumber company, was greatly sur
prised at the verdict. He said that
the company would be unable tc
pay the damages if the verdict, in
all it's full effect, is sustained. He
said.
"1f the verdict is sustained by the
higher courts, it will wipe me out
of existence financially. 1t will
break Isaac X. Kerr, of Eau Claire
as we'll. 1 own 45 per cent of the
stock of the Moon & Kerr Lumber
company. Mr.. Kerr owns 2712 and
Weyerhaeuser and Dinkham. own
the remaining 27l2 per cent. Wey.
erhaeuser and Dinkham, of course
be holden only for their percentag ge
Mr.. Weyerhaeuser went into the
company for me and offered to turn
his interest over to me at such time
as might be able to buy it, paying
him only per cent on his invest.
ment. L would have taken his in.
terest before this had 1 been able.
"1f the verdict of the jury i s sus.
tanned, it will take about $1,OOO,OO(
to settle the claims, and, as 1 have
said, the company will not begin
to be able to pay them. In addition
to bankrupting Mr.. Kerr and myself
there will be large number of un.
satisfied judgments piled ur
against us. The result is a great
surprise to me. don't see how the
jury could have arrived at the YER
dict it did. But I have strong hopes
of more favorable results in the
higher courts"
1t has been long time since a
case so interesting and 80 import
ant has been tried in the district
court. The fact that a large amount
aside from the single claim of Ole
Halverson, was involved, made il
practically test case for the whole
question of the company's liability
for the fire. It has been we'll and
thoroughly fought, and the fact
that three of the best attorneys in
the state were concerned in it, and
that each side laid out it's best eff
forts for success, makes the result
still more important, for no stone
was left unturned on either side. I,
was a battle of legal giants, and 7
L. Washburn, who was assisted by
N. c. Palmer, of Virginia, as attor
ney for the plaintiff, is entitled tc
the credit for great victory.
A stay of proceedings was grant