Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1913-04-23
FEDERAL JURY
AWARDS $4,000
Harry Ot0S Gets Greatest Verdict
Ever Given i'm Minnesota for
Personal Injury.


1S:-A verdict Of $4,000 damages
was awarded by jury in the United
States district court today to Hen
ry W. Otos, who was suing the Great
Northern railroad for 100000 dam
ages for injuries suffered while
in the company's yards at Willmar,
Minnesota. He lost leg and suf-
fered injuries to his back. The case
was sent to the jury yesterday after
an appeal for the full amount sued
for by Thomas Davis, mayor Of Mar
shall, Minnesota, and a close friend
Of the complainant, who was prose-
cutting the case. Thirty minutes lat
er sealed verdict was returned to
Judge C. A. Willard and was read
today.
The case was based on all alleged
violation Of the United States safe
ty appliance act and witnesses were
introduced by the plaintiff to show
that the accident was due to this
violation.
Otos, the complainant, was brot
into court on a stretcher and placed
on a bed before the jury, where he
remained during the greater portion
Of the trial. It was shown by the
testimony that he was trying to un-
couple car in the yards of the
Great Northern at Willmar and that
the raising pin in the coupler was
missing. To complete the uncoupling,
Otos was forced to step between the
cars, was dragged under the wheels
! and sufffJed the amputation of his
left leg and a severe injury to his
back.
According to the testimony of
several physicians, he will be unable
to walk even on crutches for at least
a year, and at present cannot wear
a wooden leg owing to the inhamed
condition Of his injury. Whether
the case will be appealed was not
made known today.
Minneapolis Tribune, April 49,
IL Harry w. Otos Of Willmar gets
the $4,000 damage awarded him
from the Great Northern railroad by
a verdict Of jury in federal court
today, it will be the largest amount
ever granted for a personal injury by
a Minnesota court.
Because Of the amount involved
and because it was test case Of an
act Of congress, the Otos damage
suit has caused a great amount of
interest from the start. Attorneys
for Mr.. Otos claimed a violation of
the safety appliance act which re-
quires all cars engaged in interstate
traffic to be equipped with auto
matte pin lifters so that men would
not have to go between the cars to
make or loose couplings.
Evidence introduced convinced the
jury that the car which Otos tried
to uncouple at the time Of the ac-
cident had a defective coupling and
was without a pin litter. Otos, in his
capacity as a switchman, went be-
tween the cars, caught his foot in a
guard rail and was run over. His
left leg had to be amputated at the
hip. He brought suit for 100000.
Tom Davis, mayor Of Marshall, ar
gued the case Of Mr.. Otos with such
eloquence that it took the jury only
80 minutes to decide that the rail
road was liable and they fixed the
amount Of the damage at $50,000
Mr.. Davis was assisted by E. A
Michel Of Marshall.
i John I. Ollie, Of the firm Of Cobb
Wheelwright and Ollie, represented
the Great Northern in the case. Mr.
Ollie said he would file a motion fo1
new trial at once.
The trial was held in the fedora
court building at Minneapolis ant
began on the afternoon Of the 16tl
and continued Thursday forenoon
and afternoon, the jury taking tn
case about five o'clock. The tria
was great strain on Mr.. Otos, VIII.
had been at Minneapolis for wee]
in anticipation Of the case being
called. While there, he had a min
or operation performed at the Swed
ish hospital, his leg not having full.
healed.
The witnesses for the plaintiff
were his father and brother, B. 7
and Harold Otos; DR.. ]. c. Jacobs
the nurse, Miss Annie Schollin; tw
doctors from Minneapolis who ha
examined the injury, and j. c. Fors
berg and Eben E. Lawson. Photo
graphs by Forsberg and drawings b
Lawson were introduced as evidence
The company had summoned mum
ber Of witnesses but only three we1
put on the stand. Mr.. Otos an
Il companions returned to Willmar th
same evening and were informed {