New Ulm review., 1920-09-22
VERDICT UPHELD
BY HIGH COURT
DAMAGES AWARDED BURNT
OUT SETTLER SUSTAINED
BY SUPREME COURT.
CLAIMS AGGREGATING SIS,
600 AFFECTED BY IMPORT
ANT DECISION.

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affirmed the decision of the lower
| court and upheld the 50, 1928 verdict
awarded Jacob Anderson, burned Out
settler, in his suit for damages against
Walker D. Hines, director general Of
the railroad administration.
The decision will have far-reachine
effects. It indicates, lawyers say, that
every victim of the forest fires that
ragged over Northeastern Minnesota in
October, 1918, will be paid for his
losses.
Claims against the railroad admins
tration, which operated the 500, Great
Northern and other railroads in North
ern Minnesota, in 1918 are said to
aggregate 100000:
Awarded Full Amount.
Anderson's claim for damages re-
sulting from the fire totaled $2,Ol6.50.
He was awarded the full amount OF
the claim with interest.
In the supreme courts opinion, the
contention of the 500 line that the
fire was started by another OF its loc-
motives instead of the particular one
alleged by Anderson, had no point.
The railroad company's contention
that the fire it started was only one OF
three other fires, also, was dlsregarded
by the court. The supreme court held
the railroad company was responsible
as contributory cause Of the fire.
/, Error Allegation Denied.
The supreme court also denied allie
cations of error by the trial court.
The 500 line attorneys argued that the
court exceeded his authority in in
structing the jury six different times
after it had retired.
Anderson's allegation that the rail-
road company failed to install spark
arresters in the smoke stacks OF It's 10
comotives was upheld.
Attorney General Clifford l.. Hilton
predicted that the railroad companies
would carry all forest fire damage
eases to the United States Supreme
Court. The attorney general estlmat-
ed that claims would reach $50, 600, ,OOO.
Though the government stands liable
for the losses, the railroad companies
are making '1ast ditch fight to pre-
vent the setting of precedent which
will make them liable for future tire
losses.
Means Fortunes to Attorneys.
If the state supreme court upholds
the decision of the five judges OF the
district court in Duluth, awarding
approximately $2,000,O00 damages to
PTS settlers around Cloquet, against
w. D. Hines as director general OF rail-
roads, attorneys for the burned out
settlers can retire with fortunes. The
case of the Cloquet settlers is identlca!
to that of other groups OF settlers
whose claims. aggregate between Sl2'-
oOO 900 and SIS, ,O00,0 900 for losses sus'
tanned in the 1918 forest fires.
A decision upholding the verdict
awarded at Duluth would legallze al
other claims, attorneys say.
| The lawyers in the fire cases are
working on a percentage. According
| to Hiram D. Frankel, of St. Paul, one
of the attorneys, most Of the lawyers
will receive from 20 to rs per cent O
the verdict for their services. Mr
| Frankel said his fee in the case decldec
would be about $4,000.
The decision placed the blame to-
the Cloquet fire on the Great Northern
railroad. This fire originated, th'
decision says, on the railroads right 0
way near Mile Post No. 62.
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