St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-11
IHOLAN MOUND DECISION.
TIE BOARD or PUBLIC WORKS MUST
REASSESS.
JUDGE BRILL IS REVERSED.

Supreme Court Holds That As
sessing by Districts. All Lots
at the Same Figure, Is Arbi-
trary-Chier Justice Gilfillan
Dissents in johnson VS.. North
western Mutual Life.
Eleven decisions were handed down
by the supreme court yesterday, ten of
which were written by Judge Mitchell
and the remaining one by Judge Buck.
The Indian Mound park assessment
matter is at last decided. The supreme
court reverses Judge Brill, holding that
the method OF the board of public works
OF dividing the territory to be assessed
into districts and assessing all the lots
in each district at the same figure is
arbitrary and illegal. The result of the
decision is that the assessment for the
park must be made over and on diff
ferent basis.
In the case of Martin c. johnson VS..
The Northwestern Mutual Life 1nSur-
ance Company, Chief Justice Giltillan
disSents from the opinion of the rest of
the court. This is a case of last term,
and one in which arehearing was asked
for and granted, and this court again
atfirmS the order of the lower court.
In the case of Jonas a. Pettitt, re-
Spondent, VS.. Great Northern Railway
Company, appellant, the order Of the
lower court is reversed, and Judge
Canty disSents from this decision. He
thinks the order of the lower court.
which was appealed from, should be
affirmed.
The syllabi of the decisions are as
follows:
State of Minnesota ex rel, Frederick Scotch
Ell al, REALTORS VS.. Hascal Il. Brill. Judge OF
/ the District Court OF Ramsey County. re
MITCHELL, j.
SyllabuS-The st. Paul Park act' Is.
L. 1891, CHI. So. held constitutional.
A written communication from the
Board OF Park Commissioners, signed
by their secretary and addressed to
Board Of Public Works, stating that the
former board had passed certain resolu
tons and orders, copies of which are set
out, is a sufficient "ctrtiticatlon" under
the 18th section of the act.
y proposed park has been established
on the southerly point of Dayton'S
assessed for benefits extended from the
park north about mile and quarter.
The board of public works divided this
district into several sections or subdis-
tricts, divided from each other by east
and west lines, each SubdiStrIct being
about one-half mild wide from north to
south. and assessed every lot within
particular district the same amount re-
CARELESS of the relative distances from
the park.
Held that in thus apportioning the
benefits TO the respective lots the board
adopted an arbitrary and illegal rule.
Martin C. johnson, respondent, vs. North
western Mutual Life Insurance Company,
appellant. Order affirmed.
MITCHELL, J.
Syllabus-Where the personal con-
tract of an infant is fair and reasonable
and free from any fraud, overreaching
or undue influence by the other party,
and has been wholly or partly executed
on both sides so that the infant has ell
joyed the benefits of it, but has parted
with what he received, or the benefits
received are of such nature that he
cannot restore them, he cannot recover
back what he has paid.
But the burden is on the other party
to show that the contract was thus fair
and reasonable, and Tree from any fraud
or overreaching on his part.
If the contract was fraudulent, as, for
example, where the other party know
iugly secured from the infant contract
which was essentially imDrovident and
calculated to squander his estate, the
infant is entitled to recover back all
that he paid
But if the contract was free from any
1ran6 nth
fair and reasonable. except that what
the infant paid was i'll excess of the
value of what he received, he can only
recover such excess.
Gilhllan, c. j., dissents.
Jonas A. Petit. respondent vs. Great North
ern Railway Company, appellant. Order
reversed. MITCHELL, j.
SyllaDus-Held that the evidence was
not sufficient to bring the case within
the rule that railway company will be
liable if, after discovering that tres
passer or volunteer on its road Or cars
has placed himself i'll place of danger,
It's servants fail to exercise reasonable
care to avert the danger.
Also that the verdict was not justified
by the evidence.
CAVITY, j., dIssents.
S. D. Wilson, appellant, VS.. W. W. Fuller,
respondent Order reversed.
MITCHELL, j.
Where, under an oral contract for the
sale of standing timber, to be severed
from the land by the vendee, the vendee
enters under the licenses and sewers
the timber from the land, the contract
becomes an executed one tor the sale of
chattelS. with all the Incidents of any
other contract for the sale of personal
property.
Hence, if the sale was with a war
ranty, and there is breach of it, the