Winston Bros., Contractors, Not Liable For Death Of John Havemeier.

An action instituted by Fred Rengstorf as administrator of the estate of the late John Havemeier, Jr., well known resident of Courtland township for many years, against Winston Bros., road contractors on the highwater fill between the middle New Ulm Bridge and Nicollet county, was called for trial in the Hennepin County district Court Thursday morning. The heirs of Mr. Havemeier sought to recover $7,500damages for the death of their father and $300 for funeral expenses.

Case Heard Thursday

Attorney A. W. Mueller was in Minneapolis Thursday and Friday presenting the case for the plaintiffs who contended that the contractors were liable in the accident. Mr. Havemeier was driving along the road when the vehicle in which he was riding went over the grade and he was crushed to death beneath the wagon.

The defendants in the case took the position that the road had been completed by them and that they were no longer liable. However, the accident occurred on April 4th, 1923, and the road was not accepted by the State Highway Commissioner, Mr. Babcock, until April 26, 1923. The case went to the Jury Friday afternoon and as there is no court held in Minneapolis on Saturday the jury had a session Monday and returned their verdict in the case Tuesday morning when they decided against the plaintiff finding “no cause for action.”

Motion for New Trial

A motion for a new trial has been made and if this is denied it is probable that the case will be carried to the Supreme Court. Judge Schultz, a new judge in the Hennepin court heard the case and instructed the jury that the accident happened on April 4th and the road was not accepted by Mr. Babcock until the 26th, but the jury found in favor of the defendant.

New Ulm Review,

March 18, 1925

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