New Ulm review., 1920-12-22
CITY WINS Two
CASES IN COURT
m 4 Is e
NO CAUSE OF ACTION, JURlEs'
VERDICT IN WIcHERsKI
AND HEALY SUITS.
HAESKA'S TRIAL FOR ASSAULT
is STILL IN PROGRESS.
THE COURT GRIND.

Two OF the three civil actions
brought against the city of New Ulm
and set for trial by jury during the
December term of the Brown county
district court, which convened at the
Eeourth ouse in this city, Monday morn
ing OF last week, have resulted in a
victory for New Ulm. They were
the suits instituted by the Healyl
Plumbing & Heating Co. Of Mime
apolis for approximately $500, which
was claimed to be due this concern
Tor extra work done on the new muni-
eipal building, and by Ernst Wichers-
kl, former city clerk, for $273 and six
years interest on account of honey
which he claimed was paid the. city
by him due to mistake.
No Cause Of Action"
In both cases, the juries brought
in a verdict of 'sno cause of action."'
The question in the first suit was,
whether the work for which payment
was claimed, was extra work, or
whether it was included in the regular
contract, as the city claimed. The
decision Of the case hinged upon the
Interpretation to be given certain
terms used in the plumbing trade, and
local contractors and plumbers testi-
fed on behalf of the city. Attorney
Rumble of ST. Paul represented the
plaintiff, Mr.. Healy himself being
PRESENT and testifying.
The Wicherski Case.
Considerable interest was shown in
the case of Ernst Wicherski against
the city. MIR. Wicherski claimed that
when he settled with, the city authori-
ties in 1914, in regard to discrepancies
in his accounts, he stipulated that If it it
was later found that any account had
beer, charged to him erroneously,. it
was to- be repaid to him by the city,
and he evidently now claimed that he
should not have paid any money to
the city at that time. On the part Of
the city, it was shown that the finance
committee of the then city council
had numerous sessions with Mr..
WichersH; that a full opportunity
was given him to explain matters;
that, finally, he was entirely satisfied
to pay to the city the sum fixed by the
finance committee, namely, $273.15,
and that it was agreed by all parties
that this settled the matter. Attorney
Albert Hauser Of Sleepy Eye was the
plaintiffs counsel, while City Attorney
Albert Pfaender handled this, as we'll
as the Healy case. for the city.
Another Suit Pending.
The suit brought by Frank Gruber,
| a former local saloonkeeper, to compel
the city cosncil to return to him a
portion Of the amount which he paid
1 for liquor license is still on the court
calendar and will probably also be
tried during the present term.
Insurance Policy Void.
The first jury case to be tried during
this term Of court was the action
brought by Ernst and Lena Lippmann
against the New York Life Insurance
Co. to secure the payment Of life
insurance policy in the sum of ST, 900,
which had been issued to their late
son, John Lippmann. The insurance
company had declined payment, claim.
ing that deceased had been afflicted
/ with diabetes at the time the policy
was issued, and that the application
failed to state this assumed fact
This malady was the cause of ths
young mans demise. After deliberat
| ing about two hours, the jury returned
Ia verdict Of mo cause Of action y
This case was followed by the tw,
i actions against the city of New Ulm
I referred to above. s9.
Ditch Benefits Reduced.
FRAY afternoon the case Of th
town OF Home against the county com
missioners of Brown county wa
called for trial. The action wa
4 brought as protest against benefit
assessed against eight different por
Il lions OF highways in Home TOWNSHIP
q on account of County Ditch No. as
These assessments aggregated some
thing over $4,000 and the jury re
! lduced the amount to a trife in exces
) OF $2,400 The verdict was arrive
! at Saturday afternoon at 4;30 and re
s ported to the court at 8 o'clock Mon
!. day morning. This case has no con