St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-06-27
THE ROBBED JURIsTs.
Railway and Mining Cases Re-
viewed and Courts Below
Endorsed.
Orders Entered in Several Gases
and Argument Begun
in Others.

The United States circuit court of ap-
pealS was in session yesterday, with
Judges Henry G. Caldwell, Amos NJ.
Thayer and Walter H. Sanborn Oh the
bench. Attorneys Theodore Hollister,
of Duluth, and William }. Hahn. of
Minneapolis, were admitted to practice
in the court. Opinions were announced
as follows:
Union Pacific Railway Company plaintiff in
error, vs.. GranyilleJ. James, defendant in
error. to United States circuit court, South
ern district of Iowa.
This was suit for personal injuries
which were sustained by brakeman by
getting his foot caug hit in switch frog
which had been left nnblocked, as he
was attempting to couple two freight
ears. The complaint on which the. case
was tried charged that the switch frog
in question was not blocked at the
time of the accident and never had been
blocked. Held, that where an appliance
OF a piece OF machinery as originally
furnished or constructed by the en-
ployer is defective and dangerous. and
an, employee is injured in consequence
of such defect, it is not incumbent upon
the employee in a suit for such injuries
to show that the employer had notice of
the defect. From the fact that the APP
cpliance as originally furnished or con-
structed was detective. presumption
arises that the employer was aware of
that defect, or ought to have been aware
Of it il he exercised ordinary care.
Opinion by Judge Thayer, affirming
decision of court below.
The Iron Silver Mining Company, plaintiff
III error, VS.. The Mike and Starr GOLD and
Silver Mining Company, defendant in
error
The same against the same. Error to United
- States circuit court, district of Colorado.
rCA statute of Colorado allows the losing
.partYfin an ejectment suit to have one
new trial as matter of right it he pays
all the costs by the first day OF the next
succeeding term after the Judgment was
rendered. A Judgment i'll an ejectment
suit having been rendered by the United
States circuit court for the district Of
Colorado in November 1885, the
losing party prosecuted a writ of
error to- the, supreme court of the
United States, where the Judgment
OF the. circuit court was affirmed on the
29th OF February, 1892 Before the first
aaylof the next term after the judg5
ment was affirmed. the losing party
paid all the costs in the suit and APP
piled to the circuit court for a new trial
under the statute aforesaid. Held; that
he was not entitled to a new trial; that
the costs should have been paid by the
first day of the term succeeding the
rendition of the Judgment by the cir
cult courtin the year 1885. and that the
payment of the same, after the affirm
ance of the Judgment by the United
States supreme court, was not i'll time
to entitle the losing party to new
trial.
Opinion by Judge Thayer affirming
decision of court below. 80
James A. Marsh, plaintiff in error, VS.. Quick
Meal Stove Company. Error to United
States circuit court, Eastern district of
Missouri.
Affirmed by divided court. No opin-
ion filed.
What Cheer Coal Company. plaintiff in
error. VS.. Charles A. johnson. Error to
United States circuit court. Southern dis
trict,of Iowa.
Reversed with costs and rema nded
for new trial. Opinion by Judge San
born.
Union Pacific Railway Company, plaintiff in
error, vs.. Granville j. James. Error to
United States circuit court, Southern dis
trict of Iowa
Affirmed with costs. Opinion by
Judge Thayer.
Orders Entered.
George N. Baxter, plaintiff in. error VS..
United STATES. Error taken to United
States circuit court District of Minnesota,
Petition for rehearing granted and
Judgment OF circuit court reversed as to
items of compensation for attendance
before United States court and commits
sioner OH same day, and cause remand
ed for farther proceedings by stipula-
ton of parties.
Charles Paxson ct al, appellants vs. Sarah
Brown ct al. Appeal from United States
circuit court. e astern DISCREET of Arkansas
Continued to adjourned term per stip-
ulation.
Northwestern Fuel company plaintiff in err
ror, vs.. Karl j. Danieison. Error to o.
5. circuit court, district of Minnesota.
Argument commenced by C.. D.
O'Brien on behalf of counsel for plain
tiff Iii error, continued by John JeHs-
weld Jr. on behalf OF defendantin error,
concluded by Theodore Hollister for
plaintiff i'll error, and cause sbmitted.
Quaf Riddle, administrators, etc., appellant.
VS.. Joseph G. Hudgins ct al. Appeal from
United States circuit court, Indian terri
tory. -
Continued to adjourned term.
Erwin Davis ct al. plaintiffs in error. vs..
Algernon s. Patrick. Error to United
States circuit court district of Nebraska.
Argument commenced by K. S. Hall
in behalf of plaintiffs i'll error.
Mollie Gibson Mining and Milling Company.
appellant vs. M. e. Thatcher ct al Appeal
from United States circuit court. district OF
Colorado.
Argument commenced by A. E. Patti
SOM q ;.