St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-16

tice Canty Lower Courts Sus-
ed-Decision on Riparian
Rights-Another Of Interest to
Landlords and Tenants.
Five decisions we're handed down by
the supreme court yesterday. all writ
ten by Justice G ,nty. In all cases the
Judgment of the Iowar court is ffirmed.
The titles AMI syllabi OF the cases are
as follows:
Anthony Kelley ct al, appellants. vs. The
City of Minneapolis ana Charles F. Haney,
as city clerk of Minneapolis, respo ndents.
Judgment affirmed. CAVITY. j.
Where the city council of the city OF
Minneapolis changed the grade OF
street Uaid out before the railroad right
of way was arQuired) so that the street
should cross over the railroad tracks on
a bridge with approaches instead of
crossing such tracks Oh a grade cross
ing:
l. Held that in such case the char
terS of the st. p, NJ. & NJ. Ry. company
and the NJ. Il st. l.. Ry. company do
not impose Oh such com panies the OBJ
legation of paying the damages to the
owners OF permanent buildings abut-
ting on such approaches, caused by the
change of grade, but that the statute
creating liability for such damages i'm
posed it on the property benefited by
such change of grade.
2. A certain contract of settlement
between said city and said railroad
companies construed and held that
while the city as between it and the
railroad companies assumed the liabil-
ity for such damages that this did not
relieve the property benefited from liza
bllity for the same.
|. 8. Held. the provisions of. the city
charter giving the city council right
after all claims for such damages are
filed. to reconsider the vote by which it
ordered the street grade to be changed.
is privilege to be exercised by the
city council, and the owners of the
property to be taxed to pay such DAM
ages cannot, at least under the circum-
stances of this case, complain that the
city council has put it out of its power
to reconsider such vote before the time
when it might DO so arrives.
4. Held, the subject of CHI. 5, S. L..
1885. creating liability for such da Ill
ages, and providing for special tax Or
assessment on property benefited 10 pay
the sane. is not unconstitutional be
cause not properly expressed in its title.
3. Held, the provisions of such act
providing for such special as 'eSSment
on the property benefited are not un-
| constitutional because they do not give
the owners CT such property right to
be heard as to who shall be appointed
assessors, or a right to appeal from
such appointment.
q. Held. such property owners can
not restrain by injunction the proceed
| inUS IN acCasS Snpb cpocjal tav fur o.
| Its OIL the ground of irregularities in
the assessment proceedings, and that
the right given by statute to defend in
the proceedings to obtain the tax judy
ment and the right to remove such tax
| judgment in this court give such own
ers an adequate remedy.
James H. Castle ct al. appellants, VS.. H. B.
| Elder and the City Of Saltwater. respond
ents. Order affirmed. CANTi, J.
! Where a deed conveys land bordering
on lake by description the calls fol-
the eastern boundary of which are
| thence east to the shore of the lake,
thence north along said lake shore to a
certain point, and thence west, ETC.:
Held, ii conveys all the riparian rights
of the grantor in the lake in front of the
land conveyed and as against the grant.
or any land made by filling in the shore
! of the lake.
Held, certain reference in deed
| sufficiently identifies the deed referred
| to.
Certain oral evidence held incompe-
tent to vary the terms of iced.
Edward P. Dennis. respondent VS.. Arson
b. Jackson ct al, defendants; Frederick
A. Danzmore, appellant Order affirmed
| CANTY. j.
Where party signs his name on The
back of promiSsory note before deliv
cry for the purpose of giving it credit
Held, he cannot show by parol tina
his agreeme ut was that of indorser ant
not of maker.
Held further, that the fact that III
was indorser OF a prior note, for which
this note was substituted, will no
change the rule.
III re Estate of Timothy Hess, deceased. Mar,
Foster, claimant respondent VS.. Jane
the estate of Timothy Hess, appellants
Order affirmed. CAVITY j.
Where witness who is party to tn,
suit, or interested in the result thereof
is required on croSS-eXaminatiOn to stat
a conversation with person since de
ceased:
Held, the party so cross examinins
thereby valves the protection of thu
statute, and on redirect examination
such witness is competent to give tn
whole OF such conversation or to quaIif,
or explain the same by other converse
tions with the deceased relating 10 tn
same transaction.
Held, the mere fact that a party Il
the suit gave evidence in a former sui
between the same parties contradictin,
his evidence in the present suit doe
not conclude him as question of law
but the effect to be given to his evi
dence is question for the jury.
When services are rendered by on
party TO another. under an agreeinen
that the former shall be compensate
out of the estate of the latter at tn
time of his death:
Held. the statute of Limitation doe
not commence to run against the claiu
until the time of the death of the latter
Herman E. Long, respondent, VS.. John Civ
let appellant. Judgment affirmed.
CAVITY. j.
When the landlord agreed to max
Improvements for the benefit of tn
Tenant:
Held, his failure to make them doe
not relieve the tenant in possession
, from liability to pay rent.
Held, further. in such case the ten
ant is entitled to damages, the measur