St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-09-08


teDanced for Death by "Buck-
ing" Motor Manufacturers
Responsibility for Fire.
The supreme court yesterday handed
down i've opinions, all written by Judge
Collins. In fOurof the cases the courts
below were sustained. In one case.
appealed from the district court of
Ramsey county, the court below was
reversed.
Ida Korte fell through a coal hola in
the sidewalk in front of the As
toria hotel on Wabasha street.
For the injuries she sustained
she brought suit against the
{. 6. Lewis Coal company. one of their
drivers, as she alleged, leaving the hole
open; against thc.eXecutor of the Kilt
son estate, to which the hotel property
belonged; against the assignee of the
landlord of the hotel and against the
city. The district court dismissed the
action against all the defendants except
the executor OF the KittSon estate, and
the jury found for the plaintiff
against this one. The rulings of the
district court by which the estate Was
found guilty of maintaininga nuisance
by reason of permitting the coal hole to
be there, is reversed. Following is the
syllabus of the supreme court:
FIRST The owner of abutting prop
erlY who has eXcaVated and maintains
a properly covered area under the street
sidewalk with the consent of the mu-
nIpinal q l. mt UIIiltV nF L.
tanning a nuisance.
Secnnd-lf the authorities permit
the excavation and also permit it to be
used for area purposes Tor a
period of wears with coal hole
In the walk above properly secured
Or covered, municipal license to
eXcavate and to maintain the area in
that condition will exist by implication.
Such continued use will be presumed 10
be permitted and assented 10 by city
authority, and the area or coal hole will
not be regarded as a nuisance main
tanned by the owner. nor will he be
liable i'll damages for injuries resulting
from the careless and negligent removal
of cover to the coal hole by strangers
TO him while the premises are i'll the
possession of his tenant.
Jennie Beardsley, as administrators OF the
estate OF Charles o. Beardsley, deceased.
respondent, VS.. Minneapolis Street Rail
way Company, appellant. Order affirmed.
COLLINS, }.
Syllabus Evidence held sufficient to
justify the verdict. Numerous unim-
p0rtant points mace in respect to the
rulings Of the court in the admission
and rejection of evidence and III its
charge 10 the jury considered and dis
posed of.
BeardSley was motOneer of the CON-
pany, and. while operating a defective
motor, the machine .'bucked," threw
him over The dashboard and then the
ear ran over him. The jury found for
the plaintiff, awarding damages.
Frank Burke Jr ct al, appellants, vs. Emmit
v BALDWIN ct al, respondents. Order
affirmed. COLLINS j.
SylIabus-Under the provisions of q.
S. 1878, CHI. 66, sec. 124, a trial court, in
the exercise of its proper discretion;
may allow pleadingS To be amended so
as to raise new issues after the cause
has been disposed of in this court Oh
findings Of fact and conclusion of law
and, as a necessary result of its power
10 permit such amendments. may grant
new trial. The court should act with
great caution, however, on such aDpli-
cations.
gid, IN the case at bar that the
couit below acted within its discretion
airy powers when it granted defendants
motion for leave TO amend their answer
and their motion for new trial on the
new issues.
John W. Day ct al, appellants, VS.. Il. C.
Akeley Lumber Company, respondent,
order affirmed. COLLINS, j.
Syllabus-First-On who EMPLOYS
the element of fire for any purpose un-
der circumstances which render it
especially dangerous to others is held to
The exercise of more care and caution
tnan Is one who employs the same ele-
ment for less dangerous purpose. Yet
the degree OF care is the same in either
case. Reasonable care, or. what is the
same thing. ordinary care only is re-
quired. And this must be prOportionate
10 the risks TO be apprehended and
guarded against.
SecOnd-When file used for manu-
featuring purposes is communicated to
and destroys property belonging 10 an
other, negligence OF misconduct ON the
part of the manufacturer must be shown
Ill order TO recover damages sustained
by The person whose property has been
destroyed.
Third-Varlous specifications of error
considered and disguised of.
julius Freiberg at al, partners as Freiberg IL
Workum. appellants, VS.. Jacob Boehm ct
al, defendants; j. C. Oswald d Co., gar
nishee; First National Bank of Denver,
claimant and inGervenor respondent.
Order affirmed COLLINS j.
Syllabus FirSt-When at the time of
n sale or transfer personal property is
in the hands of one who has lien upon
Ii, notice to him of such sale or transfer
Is sufficient to constitute a delivery as
against subsequent attaching creditors.
S"cond-EvIdence held sufficient to
Justify the findings of fact.
TALKED OF DAMAGES.