St. Paul daily globe., 1893-06-22
TO JUDGE OF A JAG.
The Supreme Court Passes
Upon What May Be Called
a. Drunk,
And Reversed a Duluth Court
for Ruling Out the ~ ~
Eviden ee. n
sr
III
.r1 s4A ~ da
Judge Brill Decides AeeidentI
Companies Must Pay for il.
Murders. -
- aS
Large and Small Suits Involve
ing Many Points in the q
Courts. u
:

| JuQlcaCeQ by the supreme court. Ii
comes up in the case of Alexander Me-
| KiiIop. respondent, against The Duluth
Street Railway Company. appellant, and
the order of the court below was re-
versed in syllabus and opinion filed by
| Chief Justice NGilfiiian. The fr, It enun-
citation in the former is that any one
who has witnessed the acts of person,
together with his speed and appearance.
! may express an opinion as to whether
| he is intoxicated or not. 1t transplres
| that the court below excluded evidence
of this nature. The chief justice pro-
nounceS it i'm error, and multitudinouS
citations are made in substantiation OF
the point. The cause goes back to the
st. Louis county district court for a re-
hearing. The syllabus of the supreme
court reads briefly:
One who has witnessed PERSONS acts,
appearance and speech may express an
opinion whether he was intoxicated.
Ii street railway company, without
any direction from the municipal coun-
Gil. lays its track in accordance with q
grade established for paving of the
street, contemplated but not yet done,
aud so laying the track renders the
street until paved unsafe, it is an act of
negligence on the part of the company.
In re Estate of George B. Kidder, deceased;
o. P KiddeE respondent, Vs. OSg0od Tru e,
appellant Order affirmed.
GILFnLAN, C. j.
|, To vacate an allowance of clai nj
against an estate, filed by an admins
traitor on tie application Of one who
knew of the time for hearing, but failed
to appear and oppose the claim, his only
excuse for not appearing being that he
felt confident that the administrator
would administer the estate justly and
honestly, and not permit unjust elal ms
to be allowed, is abuse of discretion.
Thomas O'Riley. respondent, VS.. Albert B.
Clampet, appellant. Order affirmed.
GILFILLAN. c. j.
1t is improper on cross-examlnatlon to
ask witness as to the contents of
written instrument not in evidence. If
the party cr0sS-eXamning desires to
show the contents and cross examine
upon them, he should, if the instrument
be admitted. introduce it aud make it
part OF his cross ss-eXamination. a
A party'S DleadingS in an action may.
be admissible against him in another
action as his admissions, but the judgA
ment in the first action, the parties to-
the two not being the same, is not ad=
misSible, either as an admission or as
evidence of the fact on which it is =
based.
City of Chaska, respondent, VS.: John He'd:
man. appellant Judgment affirmed. ~
GLFILLAN, T.. j. .
Where the officers of municipal corr
poration pay out its money upon con-
tract which the corporation has no..
power to make. the payment is not an
act of the corporation and 1t may re-
cover the money paid. H. -shi
* 1Gs 24r .
James W. Griffin, as receiver of Russ.J Jones
Desk Company. appellant, VS.! City OF ohak-li
opee substituted in place of First National 1
Bank or Shakopee, respondent Order
affirmed. GILFILLAN G. j.
City of Chaska. VS.. Hedmau. Opinion
just filed followed.
The supreme court considered the
following aSes yesterday:
George F. Plympton, by Andrew l..
Keyes, his guardian, respondent.
against William Hall ct al, defendant;
Israel w Gone, appellant. Argued and
submitted.
Chicago. St. Paul & K ansas City Rail-
way Company. respond ent, against The
st. Paul Union Depot Company, appel
liant. Argued and su omitted
James M0riarity. re spondent, against
Home Insurance Company, appellant.
Argued and submitted.
State of Minnesota ex rel. Board of
Court House and City Hall Commits
sioners Of the City of. Minneapolis and
Hennepin County, relator, against Clay
ton r. Cooley as County Auditor of
Hennepin County, appellant. Upon
application and stipu lation of counsel.
ordered that cause be placed on the
current calendar to be submitted on
briefs.
John M. McGill was Yesterday adj
mitted by the supreme court to practice
la " in all the courts of the state.