New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1914-07-08
Erickson Wins
Insurance Case
MINI. MUTUAL FARMERS IN
sURANCE co. LOSES IN sU-
PREME COURT.
BEN AMANN WINS $500 SUIT
AGAINST M. & ST. L. RAIL
ROAD.

By it's decision filed Friday sustaining
Judge Olsen in the case of the Minnesotx
Farmers Mutual insurance Company VS.
Katherine Landkammer, which was tried
in Redwood County, the Supreme Court
wiped off the Brown and Redwood Coun-
ty civil calendars an aggregate of thirty
odd cases in which the same questions
were involved.
The defendant, Katherine Landkamm-
mer and large number of other farmers
residing in the vicinity of,Springfield, had
made written application for hail insur-
ance in the the above named company,
which was conducted on the assessment
plan. No attempt was made by the COM
pany to collect the assessments annually
and practically all of the insured came to
the conclusion that the Minnesota Far
mers Mutual had gone out of existence
and many provided themselves with other
protection in other companies.
However, the policy-holders were dur
to receive rude awakening when the
plaintiff company attempted to levy as
sessments for 1909 1910, and
1912 and called upon the policy-holders
to make payments. This they refused to
do and separate actions were started "a
gainst each of them. In the litigation
that followed all of the farmers living near
Springfield were represented by former
County Attorney Aug. G. Erickson. On
ly one case was tried, that at the lasx
fall term of the District Court of Red
wood County.
In the matter OF the proposed assess
ments, some of the parties were to be as
sessed three and half percent and others
four and half. When the plaintiff in
the trial of the action at Redwood Falls
attempted to prove these discriminating
assessments, objection was made by Attor-
ney Erickson that these assessments were
invalid and contrary to the statutes ofthe
state which require that the assessments
be levied "7atably upon its members liza
BILE thereto. Judge Olson held that thu
objection was well-taken and ordered
judgment in favor of the defendant. The
plaintiff insurance companyappealed the
case to the Supreme Court with the result
that the lower court was affirmed. This
is signal victory for Attorney Erickson.
The syllabus of the case reads as follows.
A mutual hail and cyclone insurance
company is required to make assessments
for losses and expenses upon ali members
liable thereto pro rata, and assessments
which levy greater rate upon members
in one locality than upon those in another
locality are unauthorized and cannot be
enforced"
Ben A. Amann as the father and natu-
raj guardian Of Henry ]. Amann, minor
won out in his personal injury action
against the Minneapolis & St. Louis
Railway according to the decision filed
by the Supreme Court Friday. 1t viii
be remembered that young Henry J.
Amann while trying to cross the M. & St
L. track at Third North Street while the
same was blocked by freight train was
thrown under the car and one of his lepx
was crushed, necessitating an amputa
ton. Mr.. Amann commenced a suit
against the railway company for damages
and was awarded the sum of 81 500 by.a
jury in the Ramsey County where the
case was tried last year.
The Railroad Company appealed the
case to the Supreme Court with the re
suit that the verdict was sustained. The
syllabus reads as follows:
Under the evidence it was question.
for the jury whether the defendant war
negligent in starting its train, which had
been blocking street crossing, with
knowledge on the part of the brakeman.
when he gave the signal to start, that the
plaintiff had just started to.cross between
two cars.
The question whether the plaintiff,
boy 8 years and ten months of age, was
guilty Of contributory negligence in at
tempting to cross between two cars Of
freight train blocking street crossing
was for the jury to decide"