The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1930-07-03
JURY AWARDS $4,000
ACCIDENT VERDICT
Aftermath of Injury Dec,
16 When Oil Truck Struck
5-Year-Old Girl
SUFFERED BROKEN LEG
Liability Insurance Company
Will Be Compelled to Pay
AmOunt-Just Verdict

Herald readers will recall that,
Beverly, the little five-year-old
daughter of Mr.. and Mrs. Russell
Shaw was very painfully injured
on the afternoon of Dec. 16, last,
when she was struck by an oil
truck driven by Joseph Arneson at
the intersection of Fifth and Main
streets, while enroute to her home
from the Congregational Church
where she had been attending re-
hearsal of the Christmas program
of the Sunday school.
The little girl had stopped on the
boulevard in front of the Fay
Cooper residence to admire the
Community Christmas tree and
apparently had stepped off to con-
tinue her way home when she was
hit by the rear end of the oil truck.
There were no eye witnesses to
the accident but Rev. ]. F. Stillwell
who was crossing the street saw
her Immediately after she was hit
and rushed to her assistance. She
was taken at once to her parents
home where it was found that she
had suffered a fracture of the left
leg just below the hip.
It was admitted that Mr.. Arneson
was driving at about Is miles an
hour and as soon as he saw the
child he applied the brakes, the
truck skidded on the icy pavement
and she was struck. 1t is miracle
that she was not killed outright.
p, After the accident Mr.. Arneson
rendered every assistance possible
to relieve the parents and make
the suffering of little Beverly as
light as possible.
Some months ago Mr.. and Mrs.
Shaw moved to Alexandria. The
fracture has healed but the little
girl walks with a slight limp.
Before the opening of the present
term of the Stearns County District
court, Russell Shaw, the father, on
behalf of his daughter, brought an
action for damage in the sum Of
$4,000.
The case came to trial at St.
Cloud Wednesday of last week be-
fore Judge Roeser, and jury, Dell
& Dell, of Alexandria and Fergus
Falls were the attorneys for the
plaintiff, and V. T. Conklin, of this
city, and Atwood & Quinlaven, St.
Cloud were the attorneys for Mr..
Arneson and Hardware Mutual
Casualty Company, of Stevens
Point Wis. The latter carried the
liability insurance for Mr. Arneson.
AS soon as the jury, which con-
sisted of ten men and two women,
was empannelled, Mr.. Dell called
Mr.. Arneson to the stand for the
purpose of cross examination. The
gentleman was very frank in his
statements and admitted that his
truck had struck the little girl.
Rev. Stillwell had been supoean-
ed by both the plaintiff and the de-
PENDANT and had the unusual ex-
perience giving direct evidence for
both sides and being cross examin
ed by the opposing attorneys.
Donald Arneson and r. r. Kells,
of this city, were also witnesses.
The law does not recognize con-
tributory negligence on the part OF
a child of that age.
In his charge to the jury Judge
Roeser informed them that they
were to consider whether Mr.. Arne-
son was guilty of negligence, and
the degree and permanence of the
injury suffered by the little girl.
The case was given to the jury
Saturday forenoon. They returned
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