St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-12-22
SAINT PAUL.
supREME COURT MArrEas.
An Employees Suit SUCCESSFUL
Against a Plea of Negligence.

An Employees Suit Successful
Against a Plea of Negligence.
Judge Vanderburgh yesterday filed
three decisions in the supreme court.
C. s. Anderson. respondent, VS.. The
Minnesota & Northwestern Railroad
Company, appellant.
A new trial was asked for by defend
ant OH the ground that the verdict in
plaintiffs favor was not justified by the
evidence. Plaintiff was in the employ
of the company, and one of a gang OF
section men who had charge of a hand
car, which they used to transport them
selves and tools to points on the rail-
road. Plaintiff and others were return
ing on the car from their work, and a
norton of the wooden handle parted at
the iron clasp, and he was suddenly pre-
cipitated forward on the track. run over
and seriously injured.
Svllabus-Aetion for damages result
ing from the alleged defective condition
Of q hand car. In determining the
question of reasonable care on the part
of master in such cases, regard must be
had to the risks ana dangers attending
the use of the inStrumentality furnished
the servants in his employment; and
the obligations of the former, as respects
due care, extends as well to the matter
of inspection and repair as to furnish
ing. The servant is also bound TO eXe1-
else care on his part to avoid danger and
accident commensurate with the risks
to which he is subject in his employ
ment. and such defects in an instrument
which he is frequently using as are OBJ
vious to the senses, or, with reasonable
diligence, ought to be discovered or
I,xyh bn will mo hold IN take
the risk of. The evidence in the case
fully examined and considered and held
to sustain the verdict in plaintiffs favor
upon the issues of defendants negli-
gence and plaintiffs contributory negli-
gence.
Chief Justice Gilfillan and Judge
Mitchell add to the opinion: eve dis
sent. because in our opinion the evil
dence was not sufficient to justify the
finding of negligence on the part of de-
PENDANT"
Patrick Walsh, as receiver Of property
of William A. Rogers, respondent. VS..
Timothy Z. ByrneS and Clara Nj.
Byrnes, appellants.
Syllabus-Where the PLAINTIFF sues
as a receiver, alleged to have been ap-
pointed in proceedings supplementary
to execution, the objection that he was
not duly appointed, or is not author
lied to maintain the action, cannot be
raised upon general demurrer for in
suffciency. The proper ground of de-
murrer in such cases is that the plant
iff has not the legal capacity to sue.
Voluntary conveyance by debtor who
Is financially embarrassed is prlma facle
fraudulent as to existing creditors; and
where a conveyance is made mala flde,
e ~ or in hU both
parties thereto, it would be upheld in
uerogation of the claims OF creditors ex-
listing or subsequent.
#. B. Nash, Jr., appellant, VS.. l.. l..
Brewster, respondent.
SyllabuS-Where, upon bona fide
sale of seed wheat to be sOwn on the
land of the purchaser. the amount OF
wheat specified in the seed grain note
or contract given therefor was con-
tanned in particular bin containing
larger quantity, all of the same quality
and value, out of which it was agreed
the purchaser was then and there en-
titled to take away the number of bush
els purchased; held sufficient evidence
of n sale and delivery Of the wheat at
the date of the note as between the
maker and the payee. Weighing or
measuring is not absolutely essential to
q completed sale. except when neces-
Sary to define the subject matter. And
where the seed grain described in such
note or contract is actually and in good
faith sold and furnished to the maker
of the note for seeding purposes, pur-
suant to the agreement of the parties,
and a portion of the amount received
is subsequently sold or otherwise
appropriated by him and not
sown upon the land designated, that
fact will not defeat the lien Of the seller
under the statute, for the price of that
portion of such seed grain actually
sown upon the land, upon the crop
grown therefrom. The statute author
ICES the holder of seed grain note,
upon condition broken, to take posses
sion of the crop from the seed
for which it was given, and the holder
thereof may in such case enforce his
lien as against the holder of a subordi-
nate lieu thereon, who has taken pos
session, and maintain an action against
him for the conversion thereof.
The routine of the court was as fol-
lows:
George A. Camp, appellant, VS.. The
Northwestern Manufacturing and Car
Company, respondent. Continued until
next general term.
Anna Burke, appellant, vs.. James ID
Ray ct al, respondents. Submitted on
briefs.
State Bank of Duluth, appellant, VS..
James Harvey ct al, respondents. Ar
gued and submitted.
The court adjourned until Jan. 2.