Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-03-14
I. A. Cummings and Mary Cummings, Appel
lants. as. John Taylor, Respondent.
SYTTARTJS


ldats, as. John Taylor, Respondent
SYLLABUS.
Certain questions submitted to the Jury in
this case considered and held to have been prop
erly submitted.
The answers to five questions thus submitted
held to be sustained by the evidence, and the
answer to sixth question not to be sustained
and the award of damages directed to be mod
flied accordingly.
When witness has been examined, cross-
examined and dismissed from the stand, he can
be recalled for further cross-examination only
by the indulgence of the court; and when per-
mitted to be SO recalled, the court is entitled
to exercise a large discretion as to the manner in
which, and the extent to which the favor granted
shall be made use of. motion for new
trial on the ground of newly discovered evi-
dence, held to have been properly refused such
evidence, being almost wholly cumulative
some of that which is not cumulative, not being
shown to be material, and the rest being of such
a character that it is not likely to change the
result of the trial.
Russell Witheyell, Respondent, as The lIihpa,l-
liant.
SYLLABUS.
II domestic animals are on the track of a
railroad by the fault of the owner such owner
takes all reasonable risks of injury to them
from passing trains, and while the railroad
company is not bound to presume that such an
imals will be upon the track, they are not au-
thorized to injure them willfully or carelessly,
but are bound to use reasonable care to avoid
injuring them. By the exercise of reasonable
care is meant the making of the same
effort to avoid injuring an animal
as prudent person, owning both train and
cattle. would make for proper regard for both.
The foregoing rules, laid down in Locke vs..
First Division st. p. & P. r. R. Co., Is Mimi,
$3.50, approved, with comment and explana-
ton to the effect that, considering that the
owner of the cattle is at fault, in supposing his
cattle to 60 upon the track, and that the rail
road company is engaged in the exercise of q
lawful right, and in discharge Of a public, OF
quasi public act; and considering further, the
relative value aud Importance of train, and Of
the lives and limbs of the persons upon it, as
compared with the value of domestic animals,
a proper regard for both train and cattle would
make the duty to avoid injury to the train, and
those upon it, primary paramount to the duty
of avoiding injury to the cattle.
FIRST National Bank Of Fergus Falls, Respon.
dent ps. Michael anderson, Aepez1aat.
SYLLABUS.
c. executed to w. chattel mortgage upon a
stock of goods void as to creditors, because it
contained clause authorizing the mortgage,
to remain in possession and make sales of the
property without satisfaction of the mortgage
debt. Before any creditor took proceedings
hostile to the mortgage, the mortgagor, part OF
the mortgage debt having fallen due volun-
tarily in good faith delivered the prop
erty to the holder of the mortgage
for the purpose of being applied in pay ment
of the mortgage debt, and authorized him to
sell the property for that purpose. Held, that
under this delivery and authority the mortgage
creditor could hold the property against any
creditor subsequently proceeding against the
mortgaROr