St. Paul daily globe., 1894-06-23

Of each stuckholders. and await the re-
suit OF the Insolvency proceedings to
ascertain how much of 1t shall he en-
forced by execution.
One acQulr. ng stock in banking cor
poration incurs the statutory liability
not only IN respect to corporate debts
contracted after he became a stock
holder. but also in respect To debts con.
tracied before that time.
Geboard VS.. Eastman, z Minn.,5 fol-
lowed.
James ". Jordan. as administrator Of the
estate of john Jordan. deceased. respond
ent vs.. The Chicago, st. raul. Minneapo-
lis q Omaha Railway Company. appellant.
order affirmed. GILFILLAN, q j.
Syilabus-The rule that one who at.
tempts to cross or place himself upon
railroad track without looking and lis
~tenlng. when by 50 doing he may dis
cover the danger from an approaching
train. is guilty of negligence per Sc,
does not apply to the case OF one who is
employed in railroad yard and whose
duties frequently make it necessary for
him to go upon the tracks.
Where in railroad yard there are
tracks Of several companies sand the
employees in the yard OF one company
are accustomed to 20, IN performing
their duties. upon the track of another.
the jury may find license from the
latter to do SO.
John Fitzpatrick, appellant VS.. Archibald
Campbell. respondent Order affirmed.
BUCK, j.
Syliabus-Held that the court below
did not abuse-its discretion in vacating
judgment and allowing defendant to
answer when. OH the last day, his attOr-
Yoav 6aov TN lN1y
the office Of plaintiffs attorney, and,
finding it closed. went To his boarding
house. and, upon Inquiry there being
unaole to find him, went to such Office
several times between and z O'clock d.
m., and finding it closed each time, he
put it through the mail slot in the door.
ami the next morning it was found by
plaintiffs attorney.
State ex rel, Samuel Matthews and Peter
JOurdaln, copartncrS as JOurdafn q Mat
thens, vs. Eric c. Olson Ell al, county COM
miss;onsrs of Kanabec county. Minnesota,
respondents. Order affirmed.
GILFlLLAN, C.J.
The decision in Corbin vs.. Morrow,
46 Minn., 522, does not apply to a pro-
ceedink to- procure refundment of
sec. las added to e. s. 1878, ch. IL, by
laws 1881, ch. 10. sec. 19.
Said sec. 14S Is constitutional.
The remedy given by that section Is
not barred where less than six years has
elapsed since the right to the remedy
accrued.
v here upon proper application
under said sec. 14S the county commits
sioners are satisfied that all the facts
affecting the case are fully and fairly
stated they eau be required by man
To ci. fI,n
Where the provisions OF u. s. 1878.
ch. IL, sec. 101. as amended by laws
1855. ch. 2. sec. 21, apply the petition to
the county commissioners must negative
the facts specified in the amendment
affecting the right to refundment.
Veronica Nettersheim. as administrative OF
the estate of Theodore Aschen. deceased,
appellant VS.. Chicago, Milwaukee & st.
:. Paul Railway Company, respondent Judg-
ment reversed, GILFILLAN, C. j.
Syllabus-In an action for causing
death through negligentiy running a
train of cars across public street at
crossing. A special finding that the
person killed could by looking or listen
ing before going upon the track, or so
close thereto as to become injured, have
seen or heard the approaching train.
none of the surroundings appearing
contributory negligence per Sc.
Nehemiah P. Clarke. appellant. vs.. Cold
Springs Opera House Company ct al, re-
spoudents. Order affirmed.
GILFiILAN. C. j.
Where the settled case shows that
documentary evidence which might
but which is not ir1ads part OF the case,
was introduced, this court will not re-
view such findings.
In proceeding by creditor against
an insOivent corporation under g. S.
1878, eh. 76, sec. 9, il the plaintiff bring
in as defendants only part of the
stockholders TO enforce their statutory
liability. it is proper for the court 10
charge each Of them within that Iia-
bility only the proportion Of plaintiffs
claim which the stock held by each
bears to the whole outstanding. unless
some reason appears. such as iusulv-
eucy, death. or ina bility to reach with
process other stockholders. for charg-
ing them more.
| H. wehmaun, as a. wehmaun 4 Co.. re.
sppndents, VS.. NJ, St. Paul & Sault Ste.
Marie Ry. Co., appellant. Order affirmed.
GILRfLLAN, G. J.
Syllabus-Where two or more COM
mon carriers, whose lines from con.
tinuous line establish joint or through
tariff OF rates, they do not by that alone
become joint carriers. nor do any one O:
them become liable for the defaults of
any other, but the carrier receiving
goods for carriage over the continuous
| line becomes agent for each to contract
for carriage over their respective lines.
Under such an arrangement 1t is the
| duty of the carrier receiving goods tor
| eE4
cdrrythem to the end Of Its line and
there deliver them to the next carrier,
to which attaches the duty to receive
and carry and deliver them to the next
carrier, and so on till they reach their
| destip patiOn.
The liability of each carrier continues
until it has carried the goods to the end
of its line and delivered them to the
next carrier or given It notice Of their
arrival and reasonable time has
elapsed for 1t to receive them.
A stipulation that common carrier
shall be exempt from any of its common
| law liability, needs q consideration to
make 1t binding.
The mere receipt Of goods and UNDER
| taking to carry Is not q sufficient con-
sideration.
No abatement or concession in rates
will be presumed as such consideration.
where such abatement Is forbidden by
| law.
| In the matter Of the estate Of Charles Schef-
fer (deceased). George r. Finch ct al, ex-
ecutors. respondents W. Dudley ]. Schef-
fer ct al, appellants. CAETr, J.
Syllabus-To close administration, or
| to relieve executors from their respon-
sibilIty as such. or to change their DOS
session as such. of any part OF the e.
tate, into possession as legatees under
the will. requires the action OF the pro-
bate court evidenced by order or decree
showing with certainty its intention to
produce such result.
Judgment reversed, and court below
directed to hear the appeal on the mer-
its.
Special Trains 20 He'd Rock Camn