New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1915-02-03
Loses
In Damage Suit
SUPREME COURT REVERSES
JUDGMENT ALLOWED BY
BROWN co, JURY.
PROBATE COURT DECISION is
SUSTAINED. HEIR MUST
PAY DEBTS.

According to a decision filed by the
Supreme Court of the State last Friday,
George Johnson of Sleepy Eye will re-
cover nothing from the United Flour
Mills Company for injuries received
while in their employ during the month
of July, 1913. The case was tried in the
District Court of Brown County at, the
May term and the jury returned a YER
dict in favor of the plaintiff assessing his
damages for the injuries sustained at
$725.50. The defendant made appli-
cation to the Court for judgment not
withstanding the verdict which was
denied and the case was appealed to the
Supreme Court with the result that on
Friday that tribunal entered an order
reversing the lower Court.
The injuries for which plaintiff brought
suit were suffered by him on or about
July 18th, 1918 while in the employ of
the United Flour Mills Company. In
his complaint he states that while he
was engaged in taking sacks from a belt
elevator, sack OF grain was in some
manner dislodged from this elevator
when about forty feet from the floor and
in it's downward descent struck plaintiff on
the head and neck. He further says
that the shock was such severe one that
Johnson was thrown backward against a
scale and to the floor and that by reason
thereof he was severely injured and
bruised and that he sustained permanent
injuries to the spinal cord, bones and
cartilages. johnson was. confined to his
bed 10 days and for four weeks was
unable to leave the house. At the time
of the trial he was still unable to perform
manual labor.
The jury felt that the milling company
had been negligent and should pay plain
tiff for the injuries received and awarded
him $725.50. This the milling company
will not have to pay now. The syllabus
of the Supreme Court reads as follows:
Evidence ir an action to recover
damages for injuries alleged to have been
caused by defendants failure to furnish
plaintiff, it's servant, with safe place to
work and proper appliances, and it's I'M
safe methods of work, whereby bag of
oats fell on plaintiff while he was unload
ing an elevator, held conclusively to
establish the defense of assumption of
risk.
Order reversed, with directions to
enter judgment for defendant"
Last Thursday Judge Olsen filed
decision sustaining the Probate Court
in it's construction of the will of Charles
Feirer, deceased. According to the will
of said deceased the entire PERSONAL
property and 100 acre farm was be-
queathed to Joseph Feirer, a nephew.
At the time of his death, Charles Feirer,
also had IT interest in 60 acre tract.
No disposition of this interest was made
by will and nowhere in the will was
mention made of the six brothers and
sisters of the deceased. Debts to the
amount of about $4,000 were filed against
the estate of said Charles Feirer, de-
ceased, and on the theory that the
personal property went to him absolutely
Joseph Feirer, the nephew and also
executor, of the estate made application
to the Probate Court, for license to sell
the deceased's IT interest in the 60 acre
tract for the payment of the debts of the
deceased. Judge Ross held that the
personal property even if bequeathed in it's
entirety to the nephew, should first be
used for the payment of the debts, before
any of the real estate could be sold for
that purpose. In this contention and in
this construction of the will, Judge Ross
is sustained by the District Court in the
order made and filed by Judge Olsen last
Thursday.