The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-03
GUT DOWN TIE DAMAGES
SUPREME COURT M0DITIES THE
AN ARD MADE TO MRS.
MARY T4AMNEHS
NUTzMANN WINS HIS SUIT
supreme Court for Second Time
Declares His Claim Valid
One Against Germania
Company.

Justice Collins, OF the state supreme
court, yesterday fled u seXtet of deci5-
lohS, III two of which the decisions of
the trlai courts were reversed One of
THESE was in the action brought by Mary
Hammers against the Great Northern for
damages for Injuries received in the coils
ION Oh train with q rig i'll which she was
f1dlhg at Sank Center The supI eme court
hoios that the award of damages, $1,000.
was excessive, and should be cut down
to $500 TIE syllabus follows:
Mary hammers, respondent W r.-..o+
Northerh Railway CO.. appellant
=; IN personal injury case arising
1ut OF :: collision at street crossing be-
tween enc CT defendants passenger trains
t1lid 81 la1! OF horses attached 10 u wagon
III WHICH plaintiff vas riding, her husband
pelns inc CrfNer and in control Of the
noises, II is, held that on the question Of
the negligence Of defendants servants; in
running the train ut an excessive rate
Oh speed, case was made for the Jury
ftld mat TIE court old not err il its
charse uDcn this point. it is also held
that the case was for the jury upO!l he
question of plaintiffs contributory neg
2 Held-That The DAMAGES ouar.,..7
%4'Vg, arc excessive and must he reduced
to $2,5U]. Order modified Collins. +
The second reversal was in a suit in
Nolvlng the liability of subscribers To ..
creamery for the expenses Of construction
The syllabus is rs follows:
'G1iI {1 Company, appellant vs. John
T.: West, ct al, defo ldunts. Jonu =
West, ct al Respondents
!: a contract for t1c construction ,f
Cete$1ne1E executed by pI8intiT as Of ttH
first Fart and by all but two Of the CO.
1endaFt subscribers as 81 the second mari,
cj'iis. God. I'>'i !
r. 'i i5h Of the subscribers limited
t ~ - !.anlnIS by liking the amount Of
l thelr several subscriptions N aH ST. 700G0
FIeNen ClG nos fix It's amount TIE sfiT,n-
latcd contact price WAS $4,000
:, tIeld-Ihat the liability Of the eleven
l%St H'ePttohe4 is several, not ioirt anil
$4,000 ' &c 1i''ii oL
lield-ln an sction to obtain a Judgment
ana ana to enforce a lien upon the property
t!lat the cQLlplaint stated q cause of az
t1on against all Of the defendants -
F. olcer 'eHessed. Collins, J.
For the second time the court docia.s
III favor of The Plaintf in a quite cele
GRATED locaf cafe, that of Louis Nutz-
mann again9t+the Gernania Life Jnsn,,-
ance conpaays for an elevator ac-i7eut.
The syl'ab1fs says
A'oGls Nutznaa M, respondent, w. The
t[eIm3nia Life Insurance Coinpanv Of
S SeM Horks APPELLANT.
iitctcil, I0f sperSonal injuries alleged 10
nave been ctlIsad by an inc0mDetant fl.
jqW servants the main facts as shown by
me evidence did net differ mater aiIy
from ., nose bIisl.ed at the fist trial
see 81 n: w r. 518 There was. however
Z quantity of seXpert testimony as to thu
amount of Instruction and exparien .
iftece$S@:ary to render d man of ordinary
tacoldes qualified to operate an eleva-
tor' Heid that upon all the evidence
the question whether defendant exercised
'luillary and reasonable care when Sc
I IeGfunS The servant whose negligence
INJURIES. was for the jury.
4. Ut was alleged in the complaint that
me operator suddenly and violently start
ga the elevator upward with great force
ana F&pidity by reason of which p!ailt. fl