Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-12-13
History Of Case.

Inc history Oh t1lC case lOAlON6. 3D..
On November 10, 1920, Ankor Lar
son, while working in the Ditmer coal
mine. southwest of Velva. was killed
by the fall Of a large chunk of coal
which caused his death instantly. Che
mine is owned by Albert w. Ditmer,'
and early in the fall Of the year, he
and Henry G.. Mann had been nego-
tiaing the leasing OF the mine to
Mann. and in accordance with Nhese
negotiations. Mann as we'll as Ditmer
went to the mine. Mann ia a farmer
living north of Velva and had no ex-
perience in coal mining. Preliminary
work was done and Dltmer assisted
in the operation of the mine until the
accident.
The father and mother Of the de-
ceased, Annie Larson and Soren Lar
son filed their claim with the work
mems compensation bureau OF North
Dakota. Neither Ditmer nor Mann
had paid up the insurance On the
mine. and the workmen's compensa-
ton law provides that where an em-
claimant or his dependents may file
their claim with the bureau and the
bureau will determine the amount
that they will be entitled to and ZEN
der an award against the employer.
Contest Payment.
Both the defendants contested the
payment Of any compensation. Ditmer
! claiming that he had rented the mine
TO Mann and Mann claiming that he
had not rented the mine from Ditmer
and was only assisting Ditmer In the
operation OF the mine until a lease
a been contaminated.
The constitutionality OF the right
OF the compensation bureau to assess
compensation was attacked before the
commissioners, and they overruled
such objections and found for the
claimants, Annie Larson and Soren
Larson, in the sum Of $4,000
The law provides that in case the
award OF the compensation bureau is
not paid by the parties against whom
after service thereof, action may be
commenced in the district court on
the award to compel the payment
thereof, and in case this IL done, q
penalty attaches to the amount of the
award in the sum Of SO per cent in
addition to the original amount. Both
Ditmer and Mann refused to pay the
award and action was commenced in
Ward county, but was, transferred to
trial on December q at Towner, N.
D. before the Hon. G. w. Buttz. pre-
siding as judge.
The following questions Of LAM be-
ing raised for the first time in this
state were presented there and passed
upon by the Judge: VI
That the defendants were not en-
titled to- a jury trial for the reason
that that matter had been fully set.
tied by the .workmen's compensation
bureau, and that tho findings Of the
bureau We're not subject to review BY
defendants of a jury trial did not in
any way violate any constitutional
provision or personal right Of the de-
fendants. In view OF the fact that
the supreme court of the state had
never passed on the question and that
it involves public policy as we'll as a
legal right, the Judge ovsrrulsd the
PLANTING counseps contentious and
allowed the defendants a jury trial
upon the issue raised by the plead.
ings,--which was thsi: Who was the
deceased's employer at the time Of
his death?
The jury after. being out two and
0ne-half hours, returned q verdict ir
favor OF the plaintiffs and agains,
both Of tho defendants, Albert W. Dit.
mer and Henry g. Mann, and assess.
ed damages in the amount Of &c..
1890, being the amount Of tn.
award, together with ths/5o per cen
additional penalty.
H. 2. Johnson Of Minot, appeared
in behalf Of the plaintiffs, Annie Lar.
son and Soren Larson: ]. E. Burke o.
Minot, appeared in behalf of Henry
G.. Mann, and Bagley G Thorpe, rep: