The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1929-02-07
STADTHER DAMAGE
CASE TO BE TRIED
Injury Action Against City
and Milling Co. as Result
of Drowning
BOTH FULLY INSURED
Damages of $500 Asked
May Come to Trial at Pres
ent Court Term

"a civil dCClOu VI MUCH INTEREST
to Sank Centre, on the Stearns
County District Court calendar for
trial at the present term of court
in St. Cloud, is that Of Anna Stad-
their, as special administrative of
Arthur Stadtherr, decedent, VS. City
of Sank Centre and Central Mimi.
Power & Milling Company.
The action developed out of the
drowning of 5-year-old Arthur
Stadtherr the morning of July a,
last.
The sum of $500 is asked by
the administrative.
The accident occurred while little
Arthur was fishing from a narrow
walk leading into said fume near
the Main Street bridge.
The complaint alleges that this
fiume was in fact in the street of
said city, and that while this tiume
was on private property it was adj
jacent to and really a part of a
public park maintained by the City
of Sank Centre.
The complaint further sets up
the claim that for years people Of
all ages, young and old, had fished
from this narrow walk in the fume
without molestation from city au-
thorities.
1t is alleged in the complaint
that the fume was wrongfully and
negligently kept and maintained
and had been for several months
before the death of little Arthur.
The complaint further alleges
that children of all ages were in
the habit of playing about the
flume, and that it was attractive
and alluring to children of tender
years.
The city purchased the dam and
water rights of the Central MINI.
Power & Milling Co., over a year
prior to the accident.
The complaint alleges there was
secret arrangement between the
City of Sank Centre and the Cen
trail MINI. Power & Milling Co.,
by which it was the duty of both to
keep and operate the dam and
f1ume in manner safeguarding the
public, young and old.
The complaint sets up that Ar
thur Stadtherr was drowned solely
by reason of negligent and wrong
full acts and omissions of the City
and Milling Company, and without
any fault or negligence on the
part of little Rrthur.
Donahue, Quigley & lDonahue,
St. Cloud, are the attorneys for
the administrators. City Attorney
l.. L. Kells, represents the city of
Sank Centre. The City of Sank
Centre carries a public liability in
surance policy in the Travellers In
surance Company, of Hartford,
Conn.,, for a maximum liability of
$4,000. The company are defend
ing the action, for the city, as they
are, in fact, the real defendants.
To the casual observer one can
not see how the Central MINI. Pow
er & Milling Co., can be made a,
defendant in the action as the City
-of Sank Centre owned and had
entire control of the dam and fume
at the time the accident occurred.
The Milling Company carries an
indemnity insurance policy in the
Employers Mutual Indemnity Cor
poration. Orr, Stack & Kidder, of
st. Paul, will represent the Mutual
Indemnity Corporation when the
case comes up for trial.
1t is expected the case Will be
reached within a few days. How
ever, there is personal injury
railroad ease ahead of the Stad-
their action. If it is unusually
long it is possible that the Sank
Centre case will not be reached be-
fore adjournment of the winter
term of the District court.