St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-01-03
ACTS MUST Be NOTORIOUS
TO AMOUNT TO THE SURRENDER or
PREMISES LEASED.
SEVEN CASES ARE AFFHRmED.

SEVEN CASES ARE AFFHRMED.
In q Case in Which Party Is Entir
tied to Actual Damages, and
Jury Awards Too Much, Mo-
ton for New Trial May Be
Made on Ground That Verdict
Was Not Justified.
The supreme court yesterday handed
down decisions in seven cases. all writ
ten by Justice Collins, and affirmed, as
follows:
Daniel Stern, respondent, VS.. Frank Thayer,
appellant. Order affirmed. COLLINS, j.
l. Acts on the part Of a tenant indic-
alive of an intent TO abandon leased
premises and OH the part of landlord
to resume possession must, to bind Lie
parties and TO amount to surrender by
operation Of law, be notorious and sufb-
cient to operate by way Of estoppel.
2. Held, Ill this action. which was
brought to recover rent alleged to be
due upon written lease for period of
three years, that i'll view of certain con-
ditionS in the lease the evidence intro
duced by defendant to establish sur
render by operation of law would not
have warranted verdict in his favor.
Eugene F. Lane, appellant. VS.. Lyman G.
Dayton, respondent. Order affirmed.
COLLINS. j.
1. In an action In which the plaintiff
is entitled to actual damages only-as
distinguished from an action in which
the damages are in the discretion of the
jury-and he obtains more or less than
he ought, a motion for new trial is
properly made upon the ground that the
verdict was not justified by the evidence
and under the fifth subdivision OF sec.
253, CHI. &c, q. s. 1878, as amended q. l..
1891, CHI 80.
g. Held. that the evidence received
upon the trial OF this cause was not so
manifestly and palpably in favor of the
verdict as to warrant this court i'll re-
yersing all order OF the court below
granting new trial upon the ground
that the verdict was not justified by the
evidence.
James Sims, respondent. VS.. American Steel
Barge company, appellant. Order affirmed.
COLLINS, j.
1. Where, upon the trial of case, it
is shown that defendant had in his
employ crew OF men whose exclusive
work and duty it was to put up such stag
ing and ScaffOldlng as from time to time
was needed tor the use IF workmen en-
gagged in the defendants general work
and business, the presumption arises
that staging found III position at the
place where workman is required to
perform his work and upon which he is
obliged to stand to perform 1t was built
by one or more of the staging crew.
2. The men composing such a crew
and the men engaged in defendants
general work and business are not tel
low servants.
8. Held that there was no abuse of
discretion OH the part of the court be-
low when it denied defendants motion
for a change of place of trial for the
conVenienceS of witnesses. (:
E. Albrecht ct al, appellants, vs.. City of st.
Paul ct al, respondents. Judgment
affirmed. COLLINS, j.
The assignments of errors made by
counsel for appellants in this case are
insufficient to raise or present any Ques-
ton for determination.
Pete Larson, appellant, VS.. James A. Ross,
respondent Order affirmed. COLLINS, j.
A motion for a new trial made upon
the minutes of the court under the
provisions of General Statutes 1873
! chapter &c. section 264, at a term subse3
quent to that at which. the trial was. had!
Is merely irregular and it is Incumbent
upon one who wishes to take advantage.
of the irregularity to point it out TO the
court at the earliest opportunity. 5aol
William B. Murray. appellant, VS.. W. H.
Mills, respondent. Order affirmed.
COLLINS, j.
= a purported judgment of a justice OF
the peace which, upon its face, appears
to have been rendered and docketed
after the expiration of the period of
time fixed by q. S. 1877. chapter Go, Sec.
ton IS, within which Justice must
render and enter Judgment. is absolutely
void, and such justice will not he liaoie
IN civil action for damages because of
such rendition and entry, no further
proceedings on his part being shown.
State Of Minnesota. respondent. vs. Annie
NJ. Smith. appellant, Order affirmed.
COLLINS, J..
1. The rule laid down in State VS..
Lantourchlager, % Minnesota, 514, that
whether trial court will allow ques-
tlonS pertaining 10 a challenge to be pnt
j
criminal case, as to his qualifications, is
purely matter of discretion. adhered
TO and applied in case where nothing
further appeared in the record than
that the defendant had exhausted all of
his peremptory challenges when his
counsel attempted to ask such questions.
2. Rulings of the trial court as to the
admlsslbllity of certain evidence of
fered III behalf of the prosecution dis
cusSed and disposed Of
8. Held, that there was no evidence
introduced in the trial of this case
which resulted in a verdict of murder in
the third degree, reasonably tending to
reduce the crime of murder III one of
its three degrees, to manslaughter in
either of the degrees as defined in the
Penal Code, and hence that the trial
court did not err when decliaing to
charge the jury as to the different de-
greeS of manSlaughter,