St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-08-25
IT MUST SURRENDER,
The Union Depot Company
Compelled to Meet the
Northwestern.
Latter Demanded the Right to
Purchase Stock of the
Former at Par.
In This 1t Is Backed by the
Trial and State Appel
late Courts.
Employers Liability Cases,
Which Furnish Food for
Reflection.

L
depot are IN no way exclusive. This de-
cision has been reached after pro-
tracted litigation. 1t is the case of
the depot company against the North
western road. and it has run the gaunt-
let of the various tribunals. The su-
preme court has affirmed the order and
Judgment to this effect, and the North
western road may become subscriber
to the stock of the company.
The St. Paul Union Depot Company. appel
liant against the Minnesota & Northwestern
Railroad Company, respondent Order and
judgment affirmed. DICKINSON, y.
The object of the plaintiffs incorpOra-
ton considered as being the combining
in this corporate organization Of all the
railroad companies whose lines of road
enter OF may enter the city or st. Paul
for the purpose of providing and main
tanning depot and other railroad faclll-
ties for the common benefit OF all such
railroad companies and the public. In
view of this purpose, and constituting the
provisions OF its charter. held, that rail-
road companies entering the city since
this corporate organization are entitled,
for the purpose of becoming members
of the corporation, and sharing in and
contributing to the benefits of the or
'ganiZatIOn, to subscribe for and pur-
chase proper proportion of its stock
at par value. II necessary fOr-thlS pur-
pose, and for proper appOrtionment or
the stock, the existing members may be
required to surrender or sell a part of
the stock held by them.
Obligated Himself.
Joseph ". Reynolds, respondent against
Lesser Franklin, appellant. Order affirmed.
DICKINSON, j.
1t is not error to reject an entire offer
of evidence, a part of Which is mad
Missile. Proof that person refused
to purchase property offered for sale to
him at Specified price does not go to
show that it was not of a greater value
than the price named. The defendant
having, by a contract with the plant
if, obligated himself to pay specified
sum of money at once and at Subse-
Quent time to convey certain real estate,
subjects himself to liability in separate
actions; and a judgment in an action
for the recovery of the money does not
bar another action for damages for
breach of the agreement to convey the
land.
An Adjudication.
Ona1IGS y. BakeT- US receiver, etc. dppe1lEll
against Oliver c. Wyman ct al, respond
ents. Order affirmed. DICKINSON, j.
Finding of court held sustained by
evidence, going to show that creditor
of an insolvent debtor did not have rea-
son to believe the debtor insOlvent when
he received payment of his debt. An
order appointing a receiver of an inSOl-
vent debtor, upon the petition of credit
ors alleging that the debtor had pre-
ferred creditors. does not constitute an
adjudication of the point as to whether
the alleged preferential payment is
vOidable.
Discharge of a Debtor.
Eli B. Ames appellant. against Charles NJ.
Wilkinson, as assignee. etc. respondent.
Judgment reversed and cause remanded
for further proceedings.
NANDERBURGH, J.
Under the inSOlVent act of 1881, the
discharge of the inSOlYent is discharge
by operation of law, and the execution
of the formal release by creditor in
pursuance of the statute, as a condition
of sharing in the assets. does not Oper-
ate to release the SuretieS of the inSOl-
vent debtor.
Induced to Purchase.
William R. Marshall, appellant. against Ed.
ward r. Gelman, respondent. Order
affirmed. NANDERBURGH, j.
The plaintiff, a resident of the city of
st. Paul, was induced to purchase GER
tain improved real property in the city
of New York Of defendant, in reliance
upon certain written representations
made by him respecting its value. char
acter and situation. ahd which repre-
sensations in several important particu-
lars the plaintiff soon after found to be
untrue, so that he was entitled to a re-
session of the sale if SeaSOnably de-
handed. He, however, delayed for six
months thereafter to demands reSciSiOn
of the sale, dealing with it as his own
and endtavOTing to dispose thereof
Held, that he must be deemed to have
waived his right to reScind and to have
made his election to keep the property
The action for resciSlOn lis entirely
distinct from an action at law to recover
damages for fraudulent representations
or breach of warranty, and, after a
trial Oh the merits. alternative relief by
way of damages cannot be recovered il
the former action upon the refusal OF
the court to grant the equitable relief
sought.
An Employers Liability.
Andrew Gunderson, as administrator. ETC.
respondent, against the Northwestern Ele
fdlOL OOAA pdlla uplC44u4tt OIQtI IthSIe6u
NANDERBURGH, j.
The defendants grain elevator was
operated by machinery moved by horse
power in an adjoining power house
The central wheel was moved by {
horizontal lever; upon the wheel was
convenient place to sit and ride; the
place was attractive to children, anC
they were permitted to frequent it
The emplOye in charge of the machin
cry and power house, on the day il
question, having notice Of the presence
of plaintiffs interstate, boy six year:
old, hitched the horse to the lever anC
started the power while the lat
ter was sitting on the wheel exposed
to danger from uncovered machinery
and then left the premises. with NJ
one in charge. Soon after, in getting
off the wheel, the child was caught un
der the 'tumbling rod" and killed
Held of negligence for which the mas
ter was liable. The acts of omission:
of the child's parents in suffering hin
to be upon the streets in the vicinity O
the power house held not to be negli
gence prOXimately contributing to the
injury, and in any event was question
for the jury. The measure of damage
in this class of cases considered and tn,
verdict held not justified by the re cord
Assumed the Risk.
Nels Anderson, respondent, against H. {
Ackley Lumber Company appellant. OF
Ger refusing new trial reversed.
DICKINSON, j.
The plaintiff was operating a planini
machine to which the power was aI
piled by large belt, the motion O
which was very rapid. He knew, as tn
evidence deemed to show, that the fast
ening of the belt had become insecure
SO that it was liable to break apart, an
called the foreman's attention to it, bu
the latter declined to repair it, and toll
the plaintiff TO go on with the use of tn
machine Held that the plaintiff mus
be deemed to have known the risk ant
TO have assumed it.
Would Not Pick Rags.
Annie bryan. thirteen-year-old gil
living with her parents on the uppe
fats, was arrested yesterday for bein
found in house of doubtful repute. o.
Franklin street The girl told the notio