St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-05-16

from the top or the rear stock car to the
caboose of the train at the instant the
latter was separated therefrom for the
purpose of changing it. when this hap
pened more than ten minutes after the
train had arrived at the station and while
it was in the act or backing slowly up a
side track. No one could have reason
ably anticipated so improbable a consa-
quence from so remote cause. Opinion
by Judge Sanborn reversing court be-
low.
Chicago, Milwaukee & ST. Paul Rail
4 way Company VS.. c. G. Carpenter. This
e:was suitby stock dealer to recover
damages for personal injuries sustained
by being knocked off from the top of a
moving freight train by low over
head bridge on the Chicago, Milwaukee
I& st. Paul railway in the state of Iowa.
At a station on the road the plaintiff
had gone forward to attend to his
cattle, and, owing to the sudden start
f1ing of the train. was compelled to get on
top OF the cars and walk back TO the
-caboose along the running board on the
l tops of the cars, and while so doing
/ was struck by the bridge In ques-
ton. Evidence was offered in the
trial court that it was customary for
fIstock men having charge of stock on
| freight trains to walk to and fro on the
EtOp of the train when it was necessary
T to do so to reach the cabooSe or TO reach
their cattle. Held that the evidence as
to the existence of the custom was prop
lcerly admitte both for the purpose of
showing that the plaintiff was not guilty
of eontributory negligence and for the
purpose of showing that the railway
company permitted stock men, when it
was necessary. to walk on the top Of
their freight trains, and that the plain
tiff was rightfully on the top of the
freight train when he was hurt. Judg-
ment affirmed. Opinion by Judge
Thayer.
Power Was Limited.
District No. 5. Valley County, Nebraska.
Ashuelot National Bank of Keene, New
Hampshire, against school district i'll
Nebraska TO recover the amount of GER
tain bonds issued for the erection and
furnishing of school house. Held that
a'slmple power conferred upon munic-
ipal corporation to borrow money does
not carry with it an authority to issue
negotiable bonds, and that as the school
district In the present case simply had
authority to borrow money, and that AS
the bonds sued for were negotiable in
struments, they were issued without au-
thority of law and were void. Judgment
affirmed. Opinion by Judge Thayer.
Sioux National Bank VS.. Norfolk
State Bank.
This was suit by the plaintiff against
the defendant to recover damages for
fraudulent representations made by the
defendant to the plaintiff as to the
means, commercial standing and credit
of one W. W. Marble, in consequence of
which the plaintiff bad been induced to
loan to said Marble large sum
of money, to-wit, $4,000, which
was lost in consequence of such
loan. On the trial in the lower court it
charged the jury that there could be no
recovery by the plaintiff unless the
fraudulent representations complained
of were the sole inducing cause of the
loan. Held that this was all erroneous
direction, that the plaintiff was entitled
to recover if the false representations
complained of were a material induce
ment to the loan, although they were
not the sole cause of the loan having
been made. Judgment reversed. Opin--
ion by Judge Thayer.
st. Louis d Southwestern Railway
Company VS.. d. p. Graham.
This was suit On the intervening
claim in proceeding to forclose mort
gage on the st. Louis. Arkansas & Texas
Railway company. Held that the de-
scree of the lower court allowing the
sclaim and directing its payment should
be affirmed on the authority of the case
of the ST. Louis, Southwestern Railway
Company VS.. l.. l.. Stark. Judgment
affirmed. Opinion by Judge Thayer.
30 The Vitrifed Paving and Pressed
Brick Company, appellant, VS.. The
Snead q Co. lronwOrks ct al. From
the circuit court for the district of Ne
braska. Affirmed. but remanded with
directions to modify the decree by strik-
ing out the clause allowing an attor-
ney's fee of $500. Opinion by Judge
Caldwell.
Citizens Bank of Wichita VS.. John B.
Farwell q Co.; No. 213 and 2S2: argued
and submitted.
. Kelly & Godfather Shoe Company
VS.. Peter j. Scales, intervenor; No. 214;
passed until June l by stipulation.
Robinson q Co. VS.. Belt; No. 217;
case submitted in brief.
Hazard Powder Company VS.. Caroline
and Schultz Volger; Nos. 21S and PIG;
argued and submitted.