Omaha daily bee., 1893-11-21
MUST ASSUME NO EXTRA RISK
Railroad Men Warned by the Supreme
Court of the United States,
CONTRADICTORY NEGLIGENCE IS DEFINED
Employees Are Not Warranted In iiazardins
Their Lives to Save Property or Life
and Cannot Recover u Killcd
or Injured.
WASHINGTON BUREAU OF The BEE, !
5l3 FOURTEENTH STREET, !
N.s,r,r,x NJ On 4

Olo FOURTEENTH STREET,
WASHINGTON, Nov. 90.
In the supreme court today a decision was
rendered, which is of general interest to all
who have anything to do with practical oper.
alton of railroad property. 1t Is important,
especially to train employees and section
workmen. The case comes from the supreme
court of South Dakota, and is known as
that of the widow of John Elliott against
the Chicago, Milwaukee,, X St. Paul Rail.
way company. John Elliott was q section
boss He ana his men were at work In q lit.
tie town IN South Dakota. While a freight
crew was engaged in switching about the
yards a running or flying switch. was being
performed, which is a violation of the law
in that state and many other states. See.
ing his hand car aud two Of his men were in
danger by n flying section of the freight
train, Elliott tried to cross the switch in
time to give warning, but was caught by an.
other section of the train engaged in the act
of making n running switch and was killed.
The South Dakota court held that Elliott
was guilty of contrioutory negligence, in
that it was not necessary for him TO endan-
ger his life as he did, and therefore refused
to give his widow the damages sought.
there were other grounds set up against thu
suit by the railroad company, but the
supreme court of the United States, in
affirming the decision of the court below,
stood upon the plea of contrlbuJory negli-
gence.
las No Jurisdiction.
In the case of j. Leslie Thompson and
others against the Sioux Falls National
Bank, from Sioux Falls. S. d., the supreme
court here reverses the decision of the
court of South Dakota and remands the case
back for adjudication to the court of Moody
county. This is also an interesting case, IL
arose during the territorial days of Dakota
and is really a contest between the First
National and the Sioux Falls National banks
of Sioux Falls. 1t seems that at n meeting
of the commissioners of Minnchaha county
the county treasurer, Howard. was asked as
u matter of goou faith to produce the funds
which were in his official hands. The COM
missioners evidently did not believe that
he had the money. Treasurer Howard
went to the Sioux Falls National bank,
and, as a personal favor, asked the
cashier to make n cashiers check
for him for the sum of $500, which covered
the deficit in the county funds. The treas.
urer stated that he simply wanted to borrow
the check for a few minutes for the pdrpose
of convincing the commissioners that he had
the money belonging TO the county. To the
surprise of the treasurer the commissioners
retained the check and cashed it at the First
National bank. The Sioux Falls National
set up the claim that the check was not in
the hands of the innocent parties, and that
1t had been swindled. The bank which
CdSueu blc tntGh tlullleu Dc al lillOGeuJ
holder of the property. The supreme court
here remands the case back for adjudica-
ton, it having no jurisdiction. The court of
the county in which the transaction took
place has the jurisdiction.
Ma,klcjohn Arranging PostoTces.
Congressman Meiklojohn today called on
the supervising architect of the treasury,
Mr.. O'Rourke, and will secure an early COM
pletion of the plans and specifications for
the interior work on the public building at
Fremont, so that the proposals will be pub
lished within the next ten days. Through
his effort in securing the completion of the
plans ana specifications the building will
have an early completion. Mr.. Meiklejohn
also called on the fourth assistant postmas-
ter general to secure the establishment of a
postofice at I'aisin. Boyd county. The
present postof1ice is located some four miles
from the %townsite, and the citizens of that
place are very anxious to secure the estab-
iishment of mn office on the new site. The
fourth assistant postmaster general SAID
that the matter would have his Immediate
attention and the office would soon be To-
Gated as requested by the citizens. The
Basin postotfice is situated III the Sixth con-
gressiopal district.
Reserve Agents Designated.
The Omaha National bank has been APP
proved as reserve agent for the First Ma
tional bank of Tobias, Neb. the Bankers
National of Chicago as reserve agent Tor the
Nebraska National of York, and the North
western National of Minneapolis for the
Cedar Rapids National of Cedar Rapids, la.
E. M. Nelson was today appointed post
master at Edgerton, Charles Mix county,
S. D., vice X. Westershins, removed.
William Evans and wife of Council Bluffs
are at the Lincoln. PERRY S.. HEATH.
About Four Weeks More.
WASHINGTON, Nov. 2O.-Assistant Secretary
of War Grant says that his resignation is to