The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1928-08-16
Parents of Arthur Stadtherr
Drowned July 4, Will De-
mand Damages of $500
MUNICIPALITY INSURED
Central Mimi. Power and Mill
ing Co. Will Be One of the
Defendants in Action.

Main Street bridge, on the morn
ing of July 4, will be brought into
District Court in action against
the City of Sank Centre and the
Central MINI. Power and Milling
Co., by Mrs. Anna Stadtherr, mo-
Their of the boy and special admin
istrator appointed to handle his es-
tate.
Under the law, in order for an
action for damage against NUM-
cipality notice must be filed with
the proper officer Of the municipal
ity within 80 days after an acct
dent has occurred.
Aug. 3, 1928, such notice was
served upon City Clerk J. F. Coop
er on behalf of the estate.
Donahue & Quigley, st. Cloud,
are the attorneys for the plaintiff.
The complaint, when field, will
very likely set up that the City
maintained the attractive The
DRY" of the law. Damages have
been recovered from railroad COM
panies for children injured while
playing on or about turntables.
The notice filed with Mr.. Cooper
is lengthy one and goes into much
detail. Among other things the
notice alleges:
That the said fume and
channel extend along the
southerly shoreline Of said
Sank River and Sank lake
across said Main street and
that a portion of said flume,
plank walk and pathway is
now and during said time has
been upon said Main street in
said city of Sank Centre. -. )
The notice also alleges:
That said city of Sank Cen
tire during all said times in
Guiding the said 4th day of
July, 1928, at the time that
said Arthur Stadtherr was
drowned as aforesaid, care
lessly, negligently and wrong .
fully failed and omitted to
erect, construct or maintain
any guard, any fences, barri-
cades or structures or appli-
ances of any kind to protect
or keep people, including chill
dren of tender years as afore-
. said, from getting upon and
walking upon and using the
said plank walk. ~s .~-.
At the insistence of John Nc
Gibbon, superintendent of the Wa
ter, Light and Power system of the
City public indemnity insurance
policy for $4,000 was taken out
with the Travellers Insurance Co.,
of Hartford, Conn.
Representatives of the insurance
company have made a thorough
investigation of the premises and
have had Photographer Henry
Rydholm take pictures from every
angle. The pictures show an iron
fence in front of the fume, with a
large Danger" sign posted at one
end.
The City Park Adults the river
at this point.
Cases where children have been
killed or injured playing about
railway turntables have resulted
in judgments against railroad COM
panies.
+ Chapter $3.50, of the Minnesota
Digest, 1927, relative to accidents
of this sort, says:
Dangerous Instrumental
ties Attractive to Young Chill
dren-It is the rule in, this
state that one who maintains
in an open space on his own
premises dangerous instru-
mentalities attractive to young
children is bound to exercise
reasonable care to protect
such children from injury
therefrom, even though they
are trespassers." This rule is
an anomaly in the law and is
not to be extended. It's scope
| is not well defined and the
cases are not harmonious. In
some of our cases it is said
that the rule should he limited
T to dangerous machinery and
similar cases where the dang
er is latent. Children have no
greater right to go upon other
peoples land than adults, and
the mere fact that they are
| children imposes no duty up
on landowners to expect them
and prepare for their safety.
On the other hand, the duty
of one who invites another up
on his land not to lead him in
a trap is well settled, while
it is very plain that tempta-
ton is not an invitation, it
may be held that knowingly
to establish and expose, un-
| fenced, to children of an age
when they follow bait as me-
chanically as a fish, something
that is certain to attract them,
has the legal effect of an invi-
tation to them, although not
an adult. But the principle, if
accepted, must be very caut-
iously applied. The rule is APP
/ plica|ble to dangerous instru-
Continued on Page Five)