The Saint Paul globe., 1901-01-03
CUT DOWN The DAMAGES
SUPREME COURT MoDIEIEs THE
AWARD MADE 10 MRS.
MARY T1AMNERS
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 sextet of deci5-
lor's, III two of which the decisions of
the trial courts were reversed. One of
these was in the action brought by Mary
hammers against the Great Northern for
damages foriniuries received in the coils
ION OF train with rig III which she was
riding at Sauk Center. The supI Ieme court
hoios that the award of damages, $1,000
was excessive, and should be cut down
to $500. TIE syllabus follows:
Mary hammers, respondent. VS.. Great
3>orthern Railway Co.. appellant.
/; IA a personal injury case arising
tut t. OF {. collision at street crossing be-
tween enc CT C.efcndant'S S passenger trains
aIid a PAR OF horses attached TO a wagon
III ~ WHICH pIaintff was riding, her husband
pelng tne Cl1Eer and in control Of the
holses, IL is, held that on the question Of
The negligence Of defendants servants; in
running the train ut an excessive rate
VI Speeo, case was made for the Jury
stnd that tie court cid not err in its
charge upcn this point. 1t is aIsC held
that the case was for the Jury upO!l The
question OF plaintiffs contfibutory neg
2. Held That The damages avarliaa
$4TO; arc excessive and must ne reduced
to $2,0G0. Order modified Collins. J
The second reversal was in a suit in
Nolving the liability of subscribers to ?
creamery for the expenses OF constitution.
The syllabus is us follows:
GeTnish & Company, appellant ys Jo1,,
T. West ct al, dtfo ldants. JofIu -
West, ct al. respondents
J: a contract for the conetlucfio, nj ,
ti,s, Gi+ed,hlel% executed by plaintiff as Of tlso
1iJst Fart and by all but two Of the DO
1endaGt subscribers as 81 the second n3rf
ct,lif ,;ed 1N pa
~ :, Fj:tfen e zen, Of the subscribers limited
tbei, ti1e j. 33 i.ahlmtS by fixing the amount OF
f1e tnelr several subscriptions n aIl 81, 100 Co.
Eleven cid not fix It's amount. TIE sim.
IaIed Contta aet price was $4,000
Held--Ihat the liability Of the eleven
I$iSt nepuoneq is several, not ioirt. ani
$4,000. e10N '7i''h oL
II oddeld-In an action to cbtain Judgment
ana to enforce a lien upon the Il1.3,1tl.5rs
that the eggplant stated a callse Of :, ~ ~
t1on against al Of the defendants -.
t. O1Gcr Te6eEsed.. tSollinS
For the second tinIe the court dec;d. :
in favor of 4he ttpIaintir in a nnita cela2
GRATED 1ocaI cate, that of Louis Nutz-
mann again3tfthe sGernania Life Insur-
allce conpaass for an elevator ac i}ent.-
The syllabrFs says:
Louis Nutzmanal, respondent, vs. lTba
TslIn STJeTIF;Salaj ana. Life Insurance Company OF
New York; appellant.
'7!ilahuS-h sAp q second trial OF tI,ts
acton, for sper3onal injuries alleged 10
have been etlsad by an sinconDetant fsl-
!qW servants the main facts as shown bv
t1e evidence did net differ mater aily
RON 1ao ., nose ablisked at the fIst trial
see 81 n: w. r. 518 There was. howeve,
Z quantity of6expert testimony as to tba
amount of instruction. and expari<n q
fe'eS:y ifteceSSsaIy to render Il man of ordinary
tacultes Qualified to operate an eleva-
ter. Held. rhat upon all the evidence
me question whether defendant exercised
,'rulhafy and reasonable care when Sc
r5f;oIS refGnnS The servant whose negligence
injuries, was for the jury. '-''s
z Ut was alleged in the complaint that
me operator suddenly and violently start
eq the elevator upward with great force
ana Fapldtty by reason of which plai3,t. Fl.