The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-04
HIGH COURT RESTS
SUPREME COURTS APRIL TERM
CLOSED WITH THE DOINGS
OF YESTERDAY.
THREE MONTHS BUSINESS.
ABOUT 300 CAUSES IN LITIGATION
HAVE COME BEFORE THAT
TRIBUNAL.
MANY OPINIONS WE'RE UPSET.
In Nearly a Third of the Cases De-
cided, Lower Courts Have
Been Reversed.

Yesterday was the last day Of the
April term of the supreme court. and
all the, cases which have not been dis
posed of to date, were continued to
the mex term.
On yesterdays docket were a. num-
Der of cases against Anna Munich, in
which she was the appellant. She has
died since the cases were placed on
the calendar, but her administrator,
AdOlph Munich, was granted permits
sion to appear as appellant in the
cases.
The following decisions were handed
down yesterday afternoon, Chief JUS
tice Start signing the opinions:
Gust Linquist, appellant, VS.. Duluth Street
Railway Co., respondent.
The defendant, a street railway company,
required by its rules that it's employees in
charge of it's cars should give timely warn
ing, by proper signal to it's employees en-
gagged In track repairing, of the approach Of
its cars. The plaintiff in reliance on such
rules and while at work repairing the track
of the defendant as its employe, was struck
and injured by a car by the failure of the
motorman to give such signals and by his
running the car at a rate of speed prohibited
by law. Held, that the plaintiff and the
motorman were fellow servants and that the
defendant is not liable to the plaintiff for
the injuries resulting from the negligence of
the motorman.
Order affirmed.
Start, c. j.
James Matthews, respondent, vs.. Hershey
Lumber Company, appellant.
l. The correctness of certain tally cards
which were the basis of the scale bills re-
ceived in evidence, was in issue in this case,
and for the purpose Of impeaching the in
tegrity of the tallyman who made the cards
and their correctness the defendant offered
to prove subsequent particular acts of mis-
conduct on the part of the tallyman occurring
two years after the cards were made. from
which it is claimed that an admission that
the cards were fraudulent might be implied.
Held, that such evidence was not admissible
without first laying the foundation therefor
by proof sut1clent in the opinion of the trial
court to establish the fact that the tallyman
was acting for or in collision with the plain
tiff as to such alleged acts.
2. Certain rulings of the trial court as to
the admission and rejection of evidence con-
sidered and held to be correct.
Judgment affirmed.
Start, c. ].
W. Potter ct al, respondents, VS.. E. G..
Holmes ct al, appellants.
A contract by the parties hereto for the
sale of railroad ties construed and held that
payment therefor was to be made thirty days
after the ties had been inspected and ac-
cepted, as complying with the contract, by a
third party. Held, further, that the COM
plant in this action, which is for the recov-
cry OF the purchase price of the ties, failing
to allege either such inspection and accept
ance, or facts which would relieve the
plaintiffs from the necessity of making and
proving such allegation, it does not state a
cause Of action. Order reversed.
Start, C. J..
VS.. st. Paul City Railway Company, respond
ent.
/. Where the trial court assigns an insult
ncient reason in support of It's order grant
ing a new trial the order will not be re-
versed if it appears from the record that
prejudicial errors Of law occurred on the
trial which were excepted to.
2. Held, that the trial court erred in sub
hitting to the jury in this case the ques-
ton whether the defendant furnished the
plaintiffs intestate, an employee of the de-
the reason that such question was not one
Of the issues under the pleadings. Order af-
frmed. Start, c.. J..
County Commissioners Of Blue Earth
County, appellant.
Section SS1, General Statutes 1894, which
provides that the county surveyor shall ex-
ecute all surveys which shall be ordered by
any court. board of county commissioners.
or town supervisors, construed and held that
1t does not authorize a county surveyor,
whenever a county or a town let a contract
for public improvements, the plans of which
in his opinion necesitates the services of a
surveyor or civil engineer to do the work
at NHC CApOhSC VI II COuuCy II IOWu OH MS
own motion, and without any request ex-
press or implied from the proper public au-
thorities. Such request cannot be implied
from the mere fact that they adopt plans and
let the contract for the improvement. Or
der reversed. Start, C.. J.
The st. Paul. Minneapolis & Manitoba Rail-
way Company, appellant, VS.. Michael
Broulette, respondent.
Chapter POI, S. L. 1877, approved March
/, relating to the extension of the time for
the completion of the st, Paul & Pacific
Railroad company's extension lines. as
amended by chapter II, S. L. 1878, construed
and held that to entitle a party to the bene-
fit and protection Of the provisions of sec
ton 10 of the original act, he must have set
tied upon the land claimed on or prior to
March l. 1877. Judgment modified.
Start, C. J.
There are still over 100 cases undis-
posed of. of the 325 cases which the
Judges found upon their calendar at the
opening Of the term in April. Some of
these have been continued to the fall
term of court, but many of them are
still awaiting determination, and opin-
O may be expected within a short
time. There have been 1875 cases defnite-
ly disposed of up to date, and of these
1S1, or practically two thirds have been
affirmed, 81 have been reversed. in one
case n ruling was affirmed, while an
other was reversed, five cases were dis
missed. one was settled. one writ MO 9