St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-29
THE LOWER COURT
Erred. and Justice Collins
lakes Occasion to Set
1t Right.
"A MANUFACTURER is LIABLE
For Latent Defects in an Arti-
Gle Not Disclosed TO
Purchaser.
THE CLIMATE OF MINNESOTA
Enters Somewhat Into a De-
cision in a Heavy DAM
age Suit.

The supreme court handed down
three decisions yesterday, all writ
ten by Justice Collins. An impor-
tant case is that of the Wisconsin
Red Pressed Brick company re-
spondent, VS.. Hurd Refrigerator
company and David Hood, appel
lantS, in which the decision of the
lower court is reversed:
The syllabus is as follows:
Wisconsin Red Pressed Brick Com
pany, respondent, VS.. Hurd Refrig-
orator Company and David Hood,
appellants.
l. Plaintiff, the manufacturer,
agreed to sell to H, and the latter
purchased a certain quantity of bricks
to be 'of the grade known as COM
mon," which is a well recognized kind
or description in the market, ito be
of good quality and equal to sample
sent" Held in the absence of a find
ing as to a sale by sample, that there
was an implied condition of the con-
tract, which was in writing, that the
bricks should conform to the descrip-
ton, but none that they would an
swer the purpose for which they were
purchased.
2. Where the manufacturer of an
article sold in the market by descrip-
ton knowingly uses unsuitable and
defective material in manufacturing
he is liable for any latent defect not
disclosed to a purchaser.
5. Held, that the court below erred
in striking out certain evidence which
had been received upon the trial of
this
COLLINS, ].
QUESTIONS FOR THE JURY.
c. f. Lawson, respondent, VS.. w. III.
Truesdale, as Receiver of the Min
neapolis & st. Louis Railway Com
pany, appellant.
l. In this latitude, where more or
less snow falls and ice accumulates
therefrom in the; winter season, where
by it becomes necessary to remove it
many times from railway tracks in
order that the road may be operated,
and also made safer for employees, the
dangers to the latter increase and the
risks assumed become more hazard
Gus.
, When entering into the railway
service in such latitude an employee
assumes such risks as are usually and
customarily incident to the falling of
snow, the forming of ice and the re-
moval of the same from tracks and
places where employees are required to
work, when the removal or disposition
thereof is done in proper and reason
able manner IN the exercise of due and
ordinary care for the safety of en-
ployes.
3. Whether from the evidence it ap-
peared that the snow and ice were re-
moved from defendants yard in which
plalntlH worked as a Switchman when
injured, in proper and reasonable
manner in the exercise of due and or
binary care for the safety of employees.
was question of fact for the Jury to
determine
4. Held, that whether the plaintiff
was guilty of contribufory negligence
when attempting to board a car in mo-
ton, in the usual and proper manner
for discharging his duties, as he
claimed, was also a question for the
jury. Order affirmed. COLLINS, J.
FINDINGS JUSTIFIED.
Ashley c. Morrill,, respondent, VS.. Lit
tie Falls Manufacturing Company ct
al, appellants.
The various findings of fact made by
the trial court and on which it tSsed
its conclusions of law in plaintiffs
favor in this cause examined. Held.
that all of such findings, except. per
haps, that as to PLAINTIFFS good faith.
which finding we regard as immaterial.
were supported by the evidence, and
also that they warranted. the order for
judgment. Judgment affirmed.
COLLINS T