The Redwood gazette., 1938-05-19
NoCause of
Action Jury
Denies Claims
BELLE PLANE MEN
LOSE DAMAGE SUIT
AGAINST TONAKS

mo cause of action" was the
decision of the jury in a suit for
damages brought by Eugene Sui
livan and Leo Sullivan, Belle
Plaine farmers, against Herman
and William Tonak of Shutdown
township, in district court here
this week. The verdict, signed by
c. E. Grain, jury foreman, was
brought in at 3 p. m. Wednesday.
Beginning as court opened
Monday morning after a three
weeks recess, the accident case
continued until 12:45 p. m. We'd
nesday when the jury went out to
lunch and began deliberations
about las p. m.
Eugene Sullivan, 81 and his son
Leo, q, asked total OF S26,6Oo
for personal injuries and proper,
ty damages which they claimed
were sustained in an accident a
few miles east of Shakopee the
evening of August 3, 1887. The
two suits were tried together.
Hit Stock Truck
Witnesses said a Ford car drlv-
en- by Leo Sullivan with his faith
er and Oscar Hogan of M1nnea-
polls as passengers and a Tonak
Transfer company truck loadeo
with livestock sideswiped on the
highway about four miles east Oh
Shapkopee. Herman Tonak was
driving the truck and his broth
er William was riding with him.
Eugene Sullivan asked $11, 100
claiming a paralytic stroke as a
result of the accident, constant
pain in the shoulder and back and
a loss of about $400 on the 1886
Ford car involved in the mishap.
Leo sued for $l5,5OO, claiming
dislocation of the knee carthage
would either permanently disable
him or require permanent brace
or surgery.
Has Legal History
The case has a somewhat
lengthy legal history. 1t was
started in Brown county, then re-
moved to Redwood county In a
change of venue as the defend
ants live here, although having
Springfield as their address.
The suit was dismissed when
it first ccme to court here. Then
a motion was made to take 1t to
Scott county, the home OF the
plaintiffs for the convenience OF
witnesses. Judge Albert H. En-
ersen denied the motion and at
torneys for the Sullivans appeal
ed to the supreme court which
upheld the district judges ruling.
Joe Moonan of Waseca and M.
J. DAILY of Belle Plaine were
counsels for the plaintiff and the
Tonak brothers were represented
by Henry Flor of New Ulm and
George A. Barnes of Redwood
Falls.
Witnesses in the case included
DR.. John Butler of Carlton, prac-
ticing at Belle Plaine at the time
of the accident, who testified that
a stroke suffered by Eugene more
than a month after the accident
was a direct result of injuries re-
ceived in the crash.
He said Leo would need an op-
Grafton costing $3.50 to remove the
knee cartilage which he alleged
was dislocated in the accident
and had slipped out of place
four times since.
R. Donovan, neighbor of the
Sullivans who came by shortly
after the accident, Edward F.
Smith, Belle Plaine store sales
man. who also was there shortly
afterward; MIR. Hogan, Mrs. Eu-
gene Sullivan and Mrs. Otto Ber-
gen, her daughter, were witnesses
for the plaintiffs.
Among witnesses called by the
defense were DIR. w. A. Brand
and DR.. ]. Gordon Cole of Red
wood Falls who examined Leo
and Eugene. They said they could
find no indication of an injury to
Leo's leg and DR.. Brand said ne
saw him walking normally IN
Belle Plaine last week. Both
testified that Eugene's stroke was
due to extremely high blood pres
sure and hardening of the arter-
les.
Continued on page 12)