St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-22
Supreme Court Decisions Yesterday.

SultS Il Udlcu Ol UeclSlOQS were Induc pun
lie by Chief Justice Gilfilan and Justice
Dickinson, of the supreme court, yesterday,
which are given in full in our court columns.
Of the most important of these we give
short synopsis. In the case of the State OF
Minnesota ex rel Geo. P. Farnsworth, re-
lator, VS.. the Municipal Court of st. Paul,
the court reverses the judgment of the mu-
nicipal court, which will be very pleasant
news for those engaged in selling country
produce outside the precincts of the market
house and without license.
Farnsworth- was prosecuted Grim
inally and convicted of violating
city ordinance $50 in regard to selling vege
tables and farm produce outside the public
market without license during market
honrs The court rules that general pro-
hibtion by ordinance of the city council of
st. Paul of the sale of vegetables and farm
prodrc5s, except by licensed vendors, is not
authorized by legislative act empower
ing the passage Of an ordinance prohibiting
such sales during "market hours.'' The on
ly power granted the city by the legislature is
''to erect and maintain market houses, es-
tablish market places and prohibit sales there
at after certain hours" 1t has no powers to
impose S25 license, and the municipal
court has no power to impose penalty for
the failure of citizeh to take out such a
license"
In the case of the state of Minnesota ex
rel. David F. Powell, appellant the state
medicine examining board, respondent,
which latter threw the Lacrosse doctor out
| Of the ranks of the medical profession of the
state on account of ''unprofessional and dis
honorable conduct,' advertising to cure all
kinds OF disease with the same medicine
taken externally and internally, the court
sustained the action of the examining board
as constitutional and affirmed the action of
the lower court that DR.. Powell must not
have certificate to practice.
In the case of Hugh Campbell, appellant,
vs.. The City of Saltwater, respondent, in
which Campbell was refused a verdict in the
| lower court for damages to himself and car
riage by being overturned on a dangerous
railroad track allowed by the city to run
through public street, the judgment of the
| lower court was reversed by the higher, the
latter deciding that municipal corporation
Is not relieved by the care and responsibility
! for the condition of its streets merely because
it permits railway company to lay out and
maintain a track through them, and knowing
| the condition of street from such a cause
was liable to prove dangerous from the run
! ming of cars and locomotives. 1t is the duty
of city guard its highways against damages
existing by its own consent. -
In two decisions in which the lower courts
give damages against the Minneapolis q st.
Louis railway company for death and injury
to its employees through defective brakes and
cars, the lower court was affirmed.
The appeal in the c. c. Washburn will case
against the decision of the probate court of
Heunepin county was refused, and the prop
erty in Minnesota, amounting to about 81
$1,000, will be distributed according to the
wishes of the testator.
In a Minneapolis land case the decision
was given by the court that city is not liza
bic for surface water gathered upon private
property in the failure of the cutters and
sewers TO carry off such surface water from
the streets.