St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-10-19
WITH BENCH and BAR.
THE STATE SUPREME COURT GETS
ACTION ON A LARGE GRIST.
STREET RAILWAY wHACKED


Damages Obtained by an En-
ploye Affirmed = Cases Heard
Yesterday-The U. =. Circuit.
Files a Batch Of Decisions and
Adjourns to Oct. 3O-List Of
Jurors for the Mankato Term.
The following decisions were handed
down yesterday by the supreme court:
John Delude, respondent, VS.. st. Paul City
RalWay Company, appellant. Order af
frmed.
Where an employe was injured while
coupling cars by reason of alleged de-
fects in the coupling apparatus, beld.
that under the evidence the question
whether he knew of such defects, or
was reasonably chargeable with notice
thereof, was question for the jury.
In the absence of such notice the en-
ploye has right to assume that the
master has used due diligence to keep
dangerous machinery or appliances in
good order and in safe condition.
Certain other questions of facts in
volving the alleged negligence of the
parties held properly submitted to the
jury.
Where party who handles dangerous
machinery is called upon to act suddenly
or In all emergency, that fact may be-
come material and be considered in con-
nectiOn with others in determining the
question of notice and reasonable care.
Where the negligence of the master
combines with that of fellow servant
so as to contribute to the injury of an
other servant, the master is liable.
Where OF several requests to charge
some are given and others satisfactorily
covered by the general charge and
others are not given, general excep-
ton without calling the attention OF the
court TO the particular omission COM
planned of, is unayailing on appeal.
Damages held not SO large as 10 war
rant the interference OF this court.
A lbert c. Middelstadt, apr llant VS.. James
Mcintyre, respondent. Judgment reversed
and case remanded.
In Justice court practice it is error for
he Justice to dismiss an action for de-
fects in the complaint without first Or
aerlng an amendment of the pleading.
Gillette-Herzog Manufacturing Company, ap-
pellant, VS.. r, W. Ashton, respondent. At
frmed.
Where COMPLAINTS served by mail
after reasonable demand by the de-
1CuuaIll, Iuo IoltCl ldS tlOuUlo tllHG 10
answer. And if judgment is prema-
turely entered he has an absolute right
to have 1t set aside.
Rules of court in respect to the hear
ing of motions may, i'll the discretion of
the court, be suspended by it in any
particular case, and If the questions
involved are rightly determined, after
legal notice this court will not reverse
by reason of technical departure from
such rules.
London d Northwest American Mortgage
Company, respondent, vs. John Fitzgerald
ct al. defendants; David l.. How ct al, ap-
pellants. Order attlrmed.
the right of the creditor to retain a
pledge or mortgage security for his ben
eft until the Indebtedness secured
thereby is paid in full Is superior to the
equity of a surety who has paid a part
only of such debt.
And where a mortgage is given to Sc
cure several notes a surety upon one
note is not entitled to subrogation until
all the notes are paid.
CASES YESTERDAY.
The following cases were considered
by the supreme court yesterday:
John A. Thoen, appellant, VS.. Robert
Roche, respondent. Order entered.
Elizabeth Pfefferle ct al, appellants,
VS.. Christian Wieland ct al, respond
ents. Submitted on briefs by respond
entS.
John A. DalZell, of Gibson, Mimi,
was admitted TO practice, upon the rec
ommendation of the state board of eX-
aminerS in law. . s