Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-07-08
NO. 1S9.
SUPREME COURT.

Nature of the Degree Of Care and Pm
oence to be Exercised by Railroads
Pubiic Highways Recovery of Personal
Property.
decisions by the supreme court were filed
yesterday as follows
CARE TO BE IxEnoi-ED BIZ RAILROAD cospAS1ys.
Isabel Yses ss administrator of the estate of Adel-
pert Yates. deeea. ed, respondent, vs. The
.ou'hern minnesota Railroad Company; appel
lent.
sy yiabus-The degree of care and prudence which
. master Is bound as between himself aud hug en-
plo5e, to exercise in providing tie oos. ,nacbinerv
ana appliances for transacting the business Of The
employment is that reasonable care and pruden.e in
teecsing Or ordering what he requires u his busi-
ness, as every prudent man Is ex Jected to uploy
occupation.
On the iral of an action against railroad conn
psuy 70 recover for injury resulting u tue dsAra
VI one OF the employees caused the track ,enS in
an unsafe con, ilon ON saud having " .-hed ,,so-
Il IN storm, the -urt charged the jury that: at
is tne DUTY OF those Who hsz ,rdous agence. 10
coairoi fhem carefully and to sd9pt every ordinary
knoSn aud usually approved iuventio. 10
lessen the danger, to guard against
every Ordinary probable danger by such
means Is o. diDary pr1deL cs wond suggest or oic-
tSse' haliroao comp labies are b. u q 10 take
notice OF the Typography of the country aong tner
nues OF road and 10 take ice Of the climate in
snicn their roads are and about the storms and
nooos tnss annually occur tu those localities, and
make all necessary guards against ACCIDENTS caused
py oro.nay aud Usually OF the locality
wnere tns road Is located 1t sss the duiy OF the
oeienoSnt 70 80 construct is ad make il
sonably safe, and t. quad against va ncu,s and
siloes and obstructons VIII ch eudanger tue hves of
me pas engers AID ernplo..s passing the same
AUD any neglect OF the defendant in that behalf
would make 1t liable t. the plaintiff If euch Ieylect
csosed the injury 1t was also the duty Of ths de-
Iendant to Keep Its road IN suitable and safe repair
ana Keep and maintain suitable di ches and cdlyers
ai sunaoie and proper places, to carry of the
plus water running down upon the track or road OF
the 9eiendant mpany aid the neglect of the de-
PENDANT to perform that duty, if such neglec. was
the cause OF the accident, will make the defendGn:
HHble.
Held, Notwithstanding the court also, in ger ersl
terns charged the tnry that the degee # care and
prudence required If the defendant in tue case was
due and ordinary care,'' reasonable care"
and ordinary prudence" that the charge, si&hoe,
was ERRONEOUS, fos the jury may have understood
from II thatir was the absolute duty of tbs defend
ant without regard TO the degree of used ty
10 eject the purpose, to make all necessary guards
aga MT danger caused bJ orain ary storm, snd to
8uaro aganet land slides. washous and distractions
which might endanger the lives of pa sengers aud
repair.
Order reversed aud new trial ordered
LsILLAs, C. ~
PUBLIC HIGHWAYS.
The State OF Minnesota, plalnliff, W Chaes Wahos
defendant
Syilabus-The provisions In ch 50, General ews.
1871, That where any road proton there # shall
have been used and kept in repair and worked for
six years continuously public highway, the
snan be deemed as having been dedicaied TO the
public and be and remain until lawtu ly vacated !
public high way whether the same has been laid out
az public highway or not" Is purely prospective.
ano nothing dene and no time elapsed prior - III,
passage OF the act can be taken INTO account.
GILFILL4t, c. J.
ACTION FOE RECOVERY OF PERSONAL Psc PERIY.
Hiram Howard. respondent, VS.. ara Bsrlon. ap-
pellaat.
Syllabus -Morish Mountain, D. Minn., t6i,
followed as to the point that recovery may be had
as In an action for of personal property
when the facts stated in the complaint are sufficient
notwithstanding the relief asked for is the posses
sion OF ,he property its value.
tain testimony were particularly referred TO in
the opinion held to have been imIn terial and t-re
fore to have been improperly re eived and to have
been harmless, and therefore to furnish sufficient
sound Tor new ;ria.. Order denying new trial
afaru ruaad