Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
James Weaver, respondent, vs.. The Mississ
nj and Rum River Boom company, app

James Weaver, respondent, vs.. The MISSISSIPPI
ri and Rum River Boom company, appel
liant.
Syllabus: A complaint which allegesa tres
pass upon real estate, and that the plaintiff
vas thereby deprived of the use OF the prop
erty, and that such use was reasonably worth
4 certain sum, is sufficient, although it does
not in terms allege that plaintiff was dam
aged. .asxs
Upon the trial the for the purpose
Of showing the value 0ftheuse OF the prem,
Uses of which he was thus deprived, introduced
in evidence lease. wherein the defendant
had agreed to pay plaintiff $40 year for q
like use and occupation of the same premises,
f,r term Immediately preceding the alleged
trespass. In rebuttsl, the defendant offered 70
show that it executed his lease when an in.
junction against it and in favor OF the plalntlh
vas pending, and held it had no ALTERNATIVE
hut to accept plaintiffs terms or turn its loge
over st. Anthony falls and lose them. This
offer was excluded.
Held, error. That the lease being thus is
sued against defendant as an admlssion tina,
the use of the premises was worth what
it agreed to pay, it had right to explain the
circumstances under which it was made.
Order denying new fatal reversed, and new
trial ordered.
| The Board OF County Commissioners OF the
County of Sibley. respondents.
Syllabus-The board of C unity commission
ers, of the county Of SibleY, by resolution
determined to erect upon the land OF The
county building for court house and county
Offices, to cost not less than $500, provided
the Borough of Henderson would pay into the
county treasury 5000 toward it's cost, in con
sheraton of which the resolution granted to
he borough the right to occupy and use the
The second story of the building as city bal
for borough purposes, when not in use by the
district court; and further provided, that il
| the county seat should at any future
time be removed from the Borough
of Henderson, the county should have
the COTTON of transferring the land and build.
,ngs to the borough upon the payment OF
S., 600, or OF refunding to the borough the
sum of 5000; and, further provided, that the
county should not sell or convey the property
at any time previous to the removal OF the
county seat without the consent OF the Dor
ough. The proposition was accepted by the
council of the borough.
| Held, That the contract was beyond the
powers of the county commissioners, and tht
borough acquired no legal rights under it
The 5000 having been PAID
| into the county treasury pursu
ant to the contract and appropriated
i by resolution to the DOarQ OF county cOWmie
sioners for the erection Of building for coun
ty purposes.
Held, That the borough is entitled to re
cover the sum back from the county on &C
count for money had and received.
| Order reversed. CLARK, ..
Patrick Kelly respondent, vs.. the st. Paul
Minneapolis & Manitoba Railway company
appellant.
Syllabus Plaintiff while crossing the rail
way of defendant upon public street, driving
span of horses with wagon, was struck by
train of cars propelled by an engine Evidence
that the train was propelled at an unlawful
rate of speed, that no bell was rung Or sigma
given as required by law, that it was an unus
1ally dangerous crossing, and that NO fagma1
was stationed there to warn travellers, ant
that a view Of the passing train wa
obstructed from one approaching OF
the street by q train Of cars LEI
standing upon a side track extending
across the street with an opening IN the trail
for passage upon the street.
Held Sufficient evidence to charge de
PENDANT with negligence. 1t appear
TO- that plointif before going through