Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-05-27

nature OF the act In the performance Of
which the injury is inflicted without re
gard to the rank of the offending employee.
Under this rule the mere negligent act OF
the agent while performing simply the
duties of an employee does not entitle the
plaintiff to a recovery.
Columbu the Victor
Uader due course of law the city of
Columbus was organized from territory
taken from the town of Columbus, ipclud-
ing town cemetery, the legal title to
which was in the town of Columbus.
The city charter provided that the citizens
of the city should always enjoy the same
rights and privileges in said cemetery as
the citizens of the town, and contribute
its share iowa d maintaining said Gene
terry. Chapter 266, laws of 1876, provides
that when such town cemetery becomes
embraced within the limits of any city
the duties of the town board reiat-
ing to such cemetery shall be exer-
cised by the common council of the
city. The common council of the
city attempted to exercise such
powers, but were prevented by the resist.
ance Of town authorities. The city there
fore brought action against the town 70
restrain them from interfering with the
control of such cemetery by the common
council. The town, in its answer. asked
tor the same relief against the city. TIE
circuit court granted an Injunction against
the city, and that judgment is reversed.
The decision is based on the validity of
chapter 266, laws of 1876. Tue court
holds that the town held the title in trust
for the inhabitants of both town and city,
and the act of 1876 was merely the exer.
else by the legislature of the power TO
change the trustee, and was therefore
valid
0fic al Proceedings.
The following decisions were handed
down in brief:
City Of Columbus VS.. town of Columbus.
y. der reversed and remanded for further
proceedings in accordance with opinion.
Dwyer vs.. American Express Co. Order
reversed and remanded with directions to
sustain the demurrer.
Robbins VS.. city of Fond du Lac. judy
ment affi tmed
Allen VS.. Boomer ct al. two cases)
Orters and judgments of both county aud
circuit court reversed and remanded with
directions In accordance with opinion
Williams VS.. Williams. Judgment r5-
versed and remanded for further proceed
ings according to law.
Fellows VS.. Githuber. Judgment re-
versed and remanded for new trial
Robin7on Bros. shoe Co. VS.. Knapp.
Ocder affirmed.
Hager VS. FAX. Judgment affirmed.
Hurd VS.. Town of Milton. Judgm mt
affirmed
Z. Z. Haydock Carriage Co. vs.. Pier.
Judgment affirmed.
S.. Sure ys. Lindsfeit. Judg reversed
and remanded for further proceedings ac.-
cording to law.
Barr VS.. Church, garnishee. Judgment
reversed and remanded with directions to
render judgment In favor of the garnishee
and against the plaintiff. Justices Wins
low and PInney took no part.
Micaeistetter VS.. Welner. Judgment
affirmed.
simonson VS.. stachlewicz Judgment
affirmed
S3huerman VS.. Foster. garnishee
Judgment rever, ed and 1emanded with
directions to render judgment for plaintiff
in accordance with opinion.
May hew VS., Mather Judgment re-
versed and reminded with directions to en-
ter judgment in accordance with opinion.
Pdtry VS.. Chicago, St. Paul, Minneapo-
lis & Omaha Ry c.. Judgment affirmed
Gaynor vs. Blewett, Order affirmed.
Fond du Lac Water company VS.. Fond
du Lac. Judgment reversed and remand
ed for further proceeding according to law.
Justice orion dissents.
Town of Rhine VS.. city of Sheboygan.
Judgment reversed ard remanded with
directions to enter judgment in favor of
the defendant.
Sizer VS.. Qainlan. Judgment affirmed.
Motions and Arguments.
The following moti0ns and arguments
were made:
Schoessov VS.. Schoess ow. Motion for
temporary suit money and alimony grant
ed, and appellant ordered to pay respond.
ent or her attorney SO within thirty
days.
Lawson VS.. Stacy. Motor for rehear.
ing denied with S25 costs.
Village of GTautsourg VS.. Town OF
Grantsbu"g. Motion by respondent to
strike from the files and return to court
below certain papers IN the record. Mo
ton granted.
Waterman VS.. Chicago & Alton r. r.
Co. Motion by respondent for modifca-
ton of Judgment. Motion argued by
VIM. Roger for respondent, and oy 0. H.
Fethers for appellant.
Tebo VS.. City of Augusta. Continued
by stipulation.
State VS.. Wertzei. Continued by slip
ulation.
Stewart ct al. VS.. McFadden. Appeal
from taxation Of costs and motion for a
relaxation. Argued 10y 6. w. Bird for
defendant in error and by T. H. Gill foT
plaintiff S In error.
McCowen ct al. VS.. Russell. Continued
by stipulation.
Bergwein vs., city Of Chippewa Falls.
Argued by L. T. Frawley and w. Fl.
Stafford for appellant, and by D. Llyod
Jones for respondent.
Badger ct al, respondents, vs.. the
Michigan Fire & Marine Insurance com.
pany, appellant Continued by stipula.
ton.
Richards ct al, appellants, VS.. A'lis Ell
al, respondents. Argued by B. K. Mil
Ter, Jr., for appellants and by F. c Wink-
Ter for respondents.
ArtiIlerymen Buried Under Bank.
PARIS, May 24.-While force of ar