St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-02

Figures in an Appellate Court De-
cisi0n---A Brewer Ordered SEN
fenced.
The supreme yesterday filed. among
others, decision bearing upon the fell
low servant law of 1887. The court
d enied new trial, asked by Andrew
johnson. in his case against the st.
Paul d Duluth Railway company,
j udge Mitchell rendering the opinion.
1t W as held that chapter Is, laws OF
1887, applies only to employees OF rail-
way corporations exposed to the pecul-
lar hazards connected with the use and
operation of the road. A crew of men,
of which plaintiff was one, was en-
gagged in repairing a bridge on defend
ants road: and in performing the work
it was necessary to leave the draw part
" open. Through the negligence of
one of the crew the draw was left I'M
fastened and was blown shut by the
wind and injured the plaintiff while at
work between the stationary part OF
the bridge and the draw. Held tnat
defendant was not liable.
In ldeciding the case the conrt
touched upon the following point: The
injury of the plaintiff having been
caused by the negligence of his fellow
servant, he cannot recover unless unuer
Chapter IL, Laws 1887.
One rule of liability cannot be eStab-
lished for railroad companies, merely as
such, and another rule for other en-
ployes under like circumstances and
conditions. unless upon the theory, that
the state may prescribe the liabilities
under which corporations created by its
laws shall conduct Its business In the
future where no limitation is placed
upon its power in this respect by their
charters.
State of Minnesota, respondent, VS.. PeIer
Schroeder appellant. Remanded. with di'
rections to the trial court to pronounce
sentence upon the verdict. MITCHELL, j.
Schroeder was brewer, and manu-
featured beer at Perham. He was con-
victed of selling beer, i'll less quantities
than five gallons. at the village of Hen
ming. in the same county of Otter Tail.
without first obtaining a license from
the village council. Syllabus:
Under section 4, chapter 16, General
Statutes 1878, a manufacturer OF intoXi-
eating liquor in this state cannot sell
his liquor in a less quantity than five
gallons without obtaining a license
from the authorities of the place where
the sal is made.
Erick Olson, respondent. VS.. Mary A.
Creamer, ct al. Appellants Judgment
affirmed. MITCHELL, j.
Held that. under the undlsputed evil
dence in this case, the instructions of
the trial court to the jury were correct.
Dreamer and Olson we're equal part
nerS in real estate agency business.
Olson found a purchaser for real estate
for which the firm received $3.50 commits
siOns. The defendant offered no evil
dence to eoutrovert these facts. Under
the state of the evidence the lower court
correctly instructed the jury that the
only issue was as to whether Olson had
accepted due bill in full settlement for
his share of commissions.
r. H. Abraham, respondent, VS.. J. A.
Moore ana Robert Holloway, appellants.
Order affirmed.
Peter Redin, respondent, VS.. II. S. Bran
ham ct al, appellants. Argued and sub
mitted.
Charles E. Sawyer, receiver, etc, respond
ent, VS.. II. j. Harrison, appellant Sub
mitted on briefs.
E. j. Eskart ct al, respondent VS.. Paul
Ruehin. administrator, etc, respondent.
Submitted on briefs.