St. Paul daily globe., 1888-06-16
ST. PAUL. COURTS.
ADoCToR,s SUIT.


John l.. SuIIivan's Broken ARM
A Number of Supreme Court De-
ciSions.
Ten decisions were handed down in
the supreme court yesterday, among the
number being the libel suit of DR..
Thomas F. Quinby against the Mime
apolis Tribune, growing out of publi
cation concerning the setting of Pugilist
John L. Sullivan'S arm at the time of
his encounter with Patsy Cardiff at Mill
neapOliS.
According to the doctors story. his
complaint was based upon an article
printed April Is, 1887, which read as fol-
lows:
The Sunday GLOBE was very much wrought
up over brutal jest which had thrown an
alleged prominent phys into fit of hys-
was so very much shocked and so fully real
lied the enormity of the offense, why did he
go SO far out of his way to spread the cold,
blooded brutality?' 1t may not be out of
place to suggest to the alleged prominent
physician that he mind his own business.
Then. perhaps, people would not be shocked
by such cold-blooded brutality as setting
mans broken arm in such manner as to
necessitate breaking it over again in order to
co ii right.
Justice Dickinson's syllabus in this
case was:
In an action for libel the fact that the
publication was induced by passion
caused by previous provoking publica-
ton of the plaintiff Irrelevant to the
subject of the libeD will not be consid
cred in mitigation of damages where
there has been time for hot blood to
cool. An answer alleging such pro-
voking publication the day previous to
the libel in question held properly
stricken, the two publications being in
dependent transactions in no way
relevant to each other, and there being
no averment as to the time when this
publication came TO the knowledge of
the defendant. Order affirmed.
DICKINSON, j.
The other cases disposed of were as
follows:
Julia Rye, respondent, VS.. The City of
MankatO. appellant.
Syllabus-A statute imposing limita-
tons to actions against city for in
jurieS received from "a defect in the
condition of any bridge, sidewalk or
thoroughfare: held not applicable to
ease of land overfiowed by the obStruc-
tons of watercourse, by raising the
grade of city street. Order affirmed.
DICKINSON, j.
Isaac Rosenthal & Co., appellants, VS..
Edward j. Davenport, respondent.
Syllabus-When papers which are re-
quired to be filed in the office of the
clerk of the district court are presented
to him for that purpose, it is his duty to
file and deposit them in a proper place
for the keeping of such papers, so that
they may be found upon reasonable eX
animation. If, neglecting to do so, he
misplaces such papers, he is chargea-
ble with negligence. A legal implica-
ton of negligence on the part of the
person presenting papers for filing does
not arise from the fact that papers re-
lating to different matters are presented
in one package without explanation,
they being indorSed SO as to show their
character. Case considered not justi-
flying legal conclusion of negligence
on the part of the person presenting
papers to be filed, for not
having discovered that the officer
had misplaced the same. The creditor
of an insolvent debtor having lost his
share in the insolvent estate by reason
Of the clerk of district court having
misplaced the statutory release filed by
the debtor, it was not necessary to re-
cOvery against the clerk for his negli-
gence that it be shown that the debtor
had not again become solvent. Order
reversed. DICKINSON, j.
Mary Davenport, respondent, VS.. w.
B. Ladd, appellant.
Syllabus-The insufficiency of plead
Ing to show contract with the adverse
party pointed out, the contract appear
ing only to have been made with
stranger. A general denial in an
answer, of all allegations not expressly
admitted or qualified held inappli-
cable to a subject as to which specific
ir-r V1,n foil 1rrI.n To hoy
demanded the payment of money be-
longing to the plaintiff held not to de-
feat ali action for its recovery, when the
defense is placed wholly upon an as
serted right of property in the de-
fendant inconsistent with any right in
the plaintiff.
The Chicago, Milwaukee & st. Paul
Railway Company, respondent, VS..
The Board of County Commissioners
of Houston County, appellant.
Syllabus-A grain elevator standing
Oh the land of a railroad company.
owned by it, and constituting part of
its real estate, is not taxable property
Of the corporation. DICKINSON, j..
Chauncey J. Cable, appellant, VS.. Will
lam Byrne. respondent.
Syllabus-HickS VS.. Stone. 13 Minn.,
tSt. dllu OlllSl uCClolOHo lOlloNCu. ouo-
tanning the action of the trial court in
setting aside verdict not supported by
clear preponderance of evidence.
Upon sale of personal property on
execution the sheriff made the sale on
terms, but without authority, ''Subject'
to certain mortgage. The execution
creditor, having purchased the property
under that condition, will not be heard
to deny its effect. The conditions or
terms of sale announced at the opening
of public sale affect a purchase, al
though he did not come upon the ground
until after the announcement of the
terms, and although the sale had been
suspended and held open for short
time. Order affirmed. DICKINSON, j.
Hiram K. Landen, respondent,vs Owe n.
Lund, appellant.
SyllabuS-The owner and occupant of
premises who maintains private pass
age way opening into his cellar or base
ment, within the limits of a public
street, and which, through his wrongful
acts or negligence, has become unsafe
and dangerous to persons travelling on
the street, is Liable to an action for in
juries occasioned thereby. That the
law also imposes liability upon the
municipal corporation having charge of
the streets does not relieve him from
his liability. Order affirmed.
VANDERBURGH, j.
n " xUL;.oJ oo,0IIo,+ We Tho H5;,