St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-10-31
EMPLOYERS OBLIGATION.
TIE UNITED STATES COURT OF APP
PEfLS LAYS DOWN THE RULE.
GRTsT OF COURT ROUTINE.

o6S
The Court of Appeals Reverses the
United States Circuit Court In
a Minneapolis Case-A Colo
RADIO Court Reversed-An Iowa
Writof Error Dismissed-Court
Proceedings.
At Yesterdays session of the United
States circuit court of appeals Judges
Henry c. Caldwell and Walter ii. San
born were on the bench. Opinions were
handed down in the following causes:
City of Minneapolis. plaintiff in error,
VS.. Erick Lundin. In error 10 the cir
cult court of the UniIed States for the
district of Minnesota. Reversed, ana
1emanded with directions to grant a
new trial. Opinion by Judge Sanborn
Erick Lundin was injured by a dyna-
mite explosive used in blasting rock i'll
a sewer on Fifth avenue, Minneapolis,
and was given a verdict in the court be-
low. The city of Minneapolis claimed
the court below should have Instructed
the jury to find a verdict for the city.
In his opinion, Judge Sanborn says that
prlma facie all persons engaged III a
common employment in the service OF
the same master are fellow servants;
but it is the duty 'of the master to use
ordinary care to furnish reasonably safe
machinery, and a safe place to Work,
and fit and careful co-workmen.
The Republican Mountain Silver
Mines, Limited, ct al, appellants, VS.. j.
Warren Brown and Porter L. Wheaton,.
Appeal from tho circuit court OF the
United States for the district OF Colo-
directions TO dismiss bill. Opinion by
Judge Thayer. Syllabus-'IhIs was a
bill filed by American stockholders TO
wind up the affairs OF an English min
ing corporation and TO sell all of its
property situated in the United States.
Held, that Oh tine State of facts disclosed
by the bill, the United States circuit
CO urt for the district of Colorado had no
jurisdiction to decree a dissolution OF
the foreign corporation, n hat the
decree appointing receiver ana direct
ing a sale of the company's property III
the United States was erroneous.
New York Life Insurance Company,
plaintiff in error, VS.. John E. Savage. In
CllOl " tLC CltCUll (CulI vi tliO iiIlSd
States for the district of Nebraska. At
firmed. Opinion by Judge Thayer. Syl-
labuS-1his Wa a suit against The New
YOrkLlfe insurance company torecover
damages which the plaintiff had SuS-
tanned by falling through an opening in
a public sidewalk which the defendant
company had caused to be made in front
of its building in the city Of Omaha.
Neb. Held, That there was abundant
evidence OF the defendants negligence
in maintaining such an opening in the
sidewalk, and that The question of con-
tributory negligence was properly sub
mitted to tie jury.
Chicago. Milwaukee & st. Paul Rail-
way Company, plaintiff in error, VS.. E
J. Evans. In error TO the circuit couris
of the United States for the Northern
district OF Iowa. Writ of error dis
missed. Opinion by Judge Thayer.
Syllabus-Held that the sole question
presented by the record i'll this case
was whether a law of Iowa prohibiting
railway companies from limiting their
omInO law liability by contract with
shippers is in violation of the constitu-
ton of the United States in so far as it
affects shipments 10 points outside the
state. Held, further, that a question of
thai nature is not within the appellate
jurisdiction of the United States cir
cult couTt of appeals.
Smith IL Davis Manufacturing COM
pany, appellant, VS.. Peter A. Mellon.
United States for the Eastern district of
Missouri. Affirmed. Opinion by JUS
tice Brewer. This was a suit for the
infringement of a bed spring. and the
case was dismissed in the court below.
Adoiph Schetel, appellant VS.. Leo
pOld Hayes. Appeal from the circuit
court Of the United States for the dis
trict OF Kansas. Affirmed. Opinion By
Judge Sanborn.
This was an ACTION to rescind a con-
tract for the purchase of 800 acres of
land, and to recover the purchase
Toney, $27, 200. The court below dis
missed the case.
Shattuck, plaintiff in error, VS.. North
British Il Mercantile Insurance com
pany ct al. In error to the circuit
court OF the United States for the dis
trict o. Kansas. Affirmed. Opinion by
Judge Caldwell. This was an action on
a policy of insurance. 1t was claimed
that the Insurance company made a YER
bal agreement to enew the policy or a
stock Of goods in q store; the goods
were destroyed by fire before the re-
newal was made out. The verdict in
the court below was for the defendant.
Grimes Dry Goods Company, plaintiff
In error, VS.. John Malvern and Paul
NAPLES, trustee. In error to the circuit
court of the United States in the Indian
Territory. Affirmed. Opinion by Judge
Caldwell.
George Rust, appellant, VS.. Brittle
Silver Company ct al. Appeal from
the circuit court of the United States
for the district of Colorado. Decree OF
circuit court modified and affirmed.
Opinion by Judge Caldwell.
ORDERS ENTERED.
Edward A. BigelOw ct al, appellants,
Us. George W. Smith. Appeal from
United States circuit court for the dis
trict of Nebraska. Continued to De-
cember term.
United States, plaintiff in error, VS.. j.
D. Bowestock ct al. In error to the
United States circuit court for the
district of Kansas. Continued to De-
cember term.
James c. Standley ct al, appellants,
VS.. Steven Roberts. Sheriff, etc, ct al.
Appeal from the United States court in
the Indian territory. Continued to De-
cember term by agreement.
James G. Kelley, appellant, VS.. Rich
ard NJ. Sparks Ell al. Appeal from the
United States circuit court for the dis
trict of Kansas. Dismissed pursuant to
Rule % Oh motion of appellees.
Griswold Manufacturing Company,
appellant, VS.. John B. Harker ct al.
Appeal from United States circuit court
for the district of Minnesota. Order
charging time thirty-five days in which
to file record in cour OF appeals.