The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1901-01-10
VERDICT REDUCED.
Supreme Court Cuts Amount
for Damages in Lamers Case.

written by Judge Collins, has rem
dered it's ruling in the case of Mary
Lamers VS.. the Great Northern Rail-
way company. The plaintiff in this
action secured verdict in the dis
trict court against the company tor
81, 900, for personal injuries, but the
Court considers the damages excessive
and orders a reduction of the amount
to 81, 500. In case of failure to accept
the modification the order appealed
from is to be affirmed.
The accident out of which this case
grew, occurred at Sank Centre, on
March q, 1899. The plaintiff and her
husband with three other people, were
riding in an open wagon. Train No. l
on the Great Northern, collided with
the wagon, and all the occupants were
thrown out.
Three cases grew out of the accident
One of the occupants of the wagon,
Miss Anna NJ. Walter, was instantly
killed, and her husband brought suit
against the company to recover S., 900
on her life.
Henry Lamers, husband of Mary
Lamers, brought suit jointly with his
wife, and asked for $4,000 damages
for personal injuries.
The case came up tor trial at the
November term of court in 1899. The
first case taken up was that of Mary
Lamers VS.. the Great Northern Rail
way comp any. She asked for $40, 600
damages, and the jury awarded her a
verdict of 81, 900.
A motion was made by the attorneys
for the railway company for a new
trial which was denied. An appeal
was taken from this order of the dis
trict court, with the result above
stated.
The other two cases growing out OF
the same accident were not tried at
that time, as they involved the same
points. The Lamers action was sent
up as a test case. ..
The decision OF the court is as fol-
lows: ''Held that the damages award
ed, 81. 900, are excessive and must be
reduced to 50, 500. If within ten days
after the notice of this decision the
plaintiff consents to the reduction of
the verdict to the sum of So, 500, and
in writing notifies defendants counsel
OF such consent, the order appealed
from will stand affirmed, otherwise it
will stand reversed with a new trial
granted
The syllabus is as follows:
''In a personal injury case arising
out of collision at street crossing
between one of defendants passenger
to a wagon in which plaintiff was
riding, her husband being the driver
and in control of the horses, it is held
that on the question of the negligence
OF defendants servants in running
the train at an excessive rate of speed,
case was made for the jury and that
the court did note in it's charge upon
this point. 1t is also held that the
case was for the jury upon the ques-
tion of plaintiffs contributory negli-
gence."
Calhoun & Bennett Of this city, and
Donahue & Stephens, of Melrose, are
attorneys for the plaintiff. c. Well
ington, of St. Paul. and Reynolds &
Roeser, of this city, are attorneys for
the Great Northern.
Calhoun & Bennett stated this
morning that they have not decided as
yet whether they will consent to the
notifications of the rdict or lot, but
as they have few days to consider
the m after they will not come to any
conclusion until they have seen or con-
suited with their associate counsel
and Chemist. Cloud Times.