St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-21
Rounding Up Trial Court
Judges for Miseonstruc-
ton Of Law.
When Corporations Are Re-
sponsible for the Acts
Of Employees.
After Many Days a Poor Fell
low Will Get Tardy
Justice.

SANSPUiOll, anu utCl-
sions were handed aownby the supreme
court yesterday. The exception was
case that excited wide interest through
out North Dakota at the time of the
happening of the main events. The
case decided yesterday was one that. on
its face, looked as though it were very
trivial affair; and this, by the way, was
the opinion of the lower court, but it
was really the elimination of long and
bitter contest between two railroads
the Manitoba (now the Great North
ern) and the Fargo Southern
a Northern Pacific corporation. Several
years ago the Fargo Southern wanted
to cross the Manitoba lines near Wah-
peton, N. d., very badly. and to do this
proceeded to cut the line of its OPP
Donent. John L. Quincy. the plaintiff
and appellant in this action, was then
section boss in the employ of the Man
itOba, and, Oh being ordered so to do by
his company, proceeded to repair the
tracks cut by the other road This was
in contempt of the injunction granted
by the courts of Dakota territory, and
Foreman Guirney was arrested and
pun W CotoiucIdDlc CADtilSo DIS we'll
as disadvantage. The Manitoba
people failed to back him up, and he
was obliged to get out of his difficulty
as best he could. He then brought this
suit against the Manitoba for damages,
alleging that, while he was ignorant of
the action of the Dakota courts in the
injunction matter, the officers of the
Manitoba were not. In the lower court
a motion to dismiss on the part of the
railroad people prevailed, but the SUI
preme court yesterday reversed this de-
cSiOn, and the case must now he tried.
Following is the syllabus:
John T. Quincy, appellant, VS.. The St. Paul,
Minneapolis " Manitoba Railway Company,
respondent Order reversed.
VANDERBURGH. j.
Where the servant of corporation
does acts in obedience to its orders,
which are in violation of all injunction
restraining such acts. or which amount
to treSpaSS, and such servant has no
notice of the injunction or the invalidity
or wrongfulneSs of such acts, or OF s.ny
liability or danger of arrest likely to be
incurred in the performance thereof,
and such liability and threatened dan
ger are known to his principals, but
concealed from him, the principal is
bound to indemnity him for the dam
ages suffered by him as the natural re-
suit of his acts done in obedience to the
orders of his SuperiorS; and the liability
OF the principal does not in such case.
depend upon the ultimate determine
ton of the question as to whether an
alleged treSpasS by OF upon the servant
is or is not legally justifable, or as to
the legality or prOpriety Of the issuance
of the injunction. But the master may
not willfully expose his servant to dan-
ger of loss or injury in the course of
his employment, the risk of which is
known to him, but notice of which is
Wrongfuliy withheld from the servant.
Injunction Bond.
Henry Lamb, appellant, VS.. William B. Shaw
ct al, respondents. Order affirmed
NANDERBURGH, j.
In suit upon statutory injunction
bond, only such expenses for counsel
fees can be considered or included in
damages for breach of the condition
therein as are shown to have been nee
eSSarily incurred in procuring diSSOlu-
ton OF the injunction. Expenses for
services of counsel incurred in abortive
attempts to set aside the same. or in the
regular conduct of the trial and neceS-
sarily incident thereto, independently of
the allowance Of the temporary injunc-
ton, are not to be allowed in such suit.
A Married Woman.
Andrew j. Daley, ct al appellants VS.. The
Minnesota Loan L. Investment company,
respondent Judgment affirmed.
VANDERBURGH, j.
Under Gen. st. 1878, chap. 40. sec. 2,
where married woman executes
jointly with her husband deed of her
separate real estate, the validity Of
such deed is not affected by the fact of
her minority. And the provisions of
that chapter extend to mortgages. A
charge made in good faith and which is
found to be reasonable in amount, to
cover expenses for examining title and
the preparation of the writings neces-
sary to secure sum loaned to a mort
gagor, held not usuriouS. And where
the business is transacted through
the mails. and reasonable time tran
spires between the date of the eXecu-
ton of the securities which bear inter-
est from their date and their final ac
ceptance. and the delivery to the mort
gagor of the sum loaned and it is found
by the trial court that there is no inten-
ton to pay or exact an unlawful rate of
interest, held that the securities are not
void for uSury, because of such inter
vening lapse of time.