The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-07
CASE OF LEVINE AGAINST THE
LANCASHIRE COMPANY WON
ny PLAINTIFF.
SUPREME COURT AFFIRMS
THE ORDER OF THE LOWER COURT
IN A ZENITH CITY SENSA-
TION.
Declared Valid by the Same August
Tribunal-Pat RahiIly's Mileage
Book.

Seven decisions were handed down in
The supreme court yesterday, of which
only one was a reversal, that being in
the ejectment case of A. p. L. Cochran
against w. P. Stewart, who won in the
lower court. OF the cases in which
judgment Is affirmed, one of once wide
interest is that of Jacob Levine ct al.
VS.. the Lancashire Fire Insurance COM
pany, which originated in the destruc-
ton of the plaintiffs clothing store in
Duluth by fire. It was suspected that
the fire was incendiary and Levine and
others were arrested, remaining in Jail
several hours. The charge was not
proven, however. and the owners of
the store sued the company, securing
judgment. The company carried the
case to the supreme court on a question
as to the admissibility of certain evil
dence on the trial. The syllabus of the
decision is as follows:
Jacob Levine ct al, respondents, VS.. The
lancashire Insurance Company, appellant.
Wnere, on the trial, party objected to the
admission of certain books of account on the
ground that they were not properly authenti-
Gated under the statute, he cannot be heard
TO urge on appeal that the statute was in
applicable and that they should have been
authenticated according to the common law
rule.
In an action against an insurance company
Tor the value of stock of merchandise
other books of account kept in the usual
course of business showing the amount and
value OF goods, are competent evidence,
when properly verified or authenticated The
fact that some entries were made by the
bookkeeper from temporary slips furnished
by statesmen will not affect their character
as original entries.
The fact that books of account contain
some errors affects their credibility, but, in
the absence of evidence that the books were
fraudulently falsifled, will not necessarily
render them incompetent.
In an action to set aside an award il ia
competent for one Of the arbitrator (who re-
fused to join in the awrard) to testify as to
acts of Partially and misconduct on part of
as error that the court refused to make an
additional finding the case or bill of excep-
lions must show that it contains all the evil
oence upon the issue upon which the find
ing was requested.
The rule applied that where an insurance
company objects to the suficiency of proof of
loss on one ground alone this amounts to a
waiver of all other objections.
The evidence considered and held sufficient
TO lnVahdate an award on the ground Of the
partially and misconduct of the arbitrators
Held also tlat the defendant company had
by its conduct waived it's right to a new
appraisement as a condition precedent to
plaintiffs right of action on the policy.
Also. that by its conduct on the trial it
waived the right, if any, to have any of the
issues In the case tried by Jury. The fact
that the judgment entered by the clerk does
not conform to the courts order for judg-
ment cannot be raised by appeal without first
applying to the trial court to have the judg-
ment corrected. Judgment affirmed.
A case involving a milegae ticket, is
decided in favor of the st. Paul & Du-
1luth. 1t is: A4yA4
P. H. Rahilly, appellant, VS.. st. Paul & Du-
luth Railway Company, respondent.
The defendant issued to D. a mileage
ticket or book which expressly provided that
1t was to be used only by D., whose signature
appears on the last page. The ticket also
provided that it was Subject tn the condi
lions named in the contract and made part
hereof. One of these conditions was that
the ticket was not transferable and if pre-
sented by any other than the original holder
whose signature is hereon,' the conductor
would take it up and collect full fare.
me ticket was never signed by d. Plain
tln having purchased the ticket from a broker,
presented it in payment of his fare on one of
defendants trains. The conductor took it
up and refused to return it to the plaintiff.
Whereupon plaintiff refused to pay his fare
unless the conductor would return the ticket.
Held, that plaintiff was not entitled to ride
on the ticket; that the fact that it was not
signed by the original purchaser was i'm
material since by accepting the ticket he &C
cepted all the terms and conditions therein
contained.
Also that plaintiff had no right to refuse to
pay his fare unless the conductor would re-
turn the ticket. Even If the conductor had
no right to take it up it was plaintiff S
duty to leave the train or pay his fare and
then pursue his remedy against the defen-
Order affirmed. Mitchell 7.
u The validity of the Minneapolis milk
ordinance is sustained in the following
decision:
State of Minnesota, respondent, VS.. Hans c.
Nelson, appellant.
Certain provisions of an ordinance of the
city of Minneapolis to license and regulate
the sale of milk in the city considered and
held to be authorized by Gen. Laws 1S95 Oh
2OS. entitled IAN act relating to the inspection
of milk and of dairies and dairy herds and to
provide for the licensing and regulating of
the sale of milk in cfties''
1t is competent for a city council by ordi-
nance to require that an applicant for q
license to sell milk within the city shall
consent that the dairy herd from which he
obtained his milk may be inspected by the
commissioner of health of the city, although
such dairy herd is kept outside the city limits.
The requirement that he shall consent as
a condition precedent to obtaining such Ii
cense, that the animals from which he obtains
the milk shall be subjected to the ''tuber-
culin test is not unreasonable.
Whether license from a city under an
ordinance passed pursuant to Laws 1895, Oh.
203 is, as to the sale of milk in such city a
substitute for the license from the state
dairy commissioner provided for in Laws 1889
Oh. 247, or whether it is merely supplemental
and additional, is not decided.
In either view the ordinance is authorized
by the act of 1885.
Order affirmed. Mitchell ].
The following are the syllabi in the
other cases:
Matthias Koslewski as administrator of estate
of Lee Koslowskf, appellant, VS.. P. A.
Thayer ct al, respondents.
Held, that there was no evidence furnishing
a reasonable basis for the conclusion that
the negligence of the defendants was the
proximate cause of the death bf plaintiff
interstate. Judgment affirmed.
Mitchell, J.
In the matter of the application of H. w
Merchant ct al, petitioners, VS.. District
Court, Eleventh Judicial District st. Louis
County, respondent.
Special Laws 1891, chapter 54 section z
provides that the appraisers to determine
the compensation to be paid for property taken
by the City Of Duluth for parks and park
ways shall appraise the value of the land
taken and the amount Of benefit or damage
to the owner with respect to adjacent prop
erty, resulting from such taking, and said
value (of the land taken) adding thereto said
damage or deducting therefrom said benefits
as the may be- shall be awarded
Section s Of the same act provides that all
property receiving special benefits derived
from such requirement for park and park
way purposes shall be assessed therefor.
Held, that section s, in far as it provides
for assessing adjacent" property for the
same benefits, which, under section z, had
been deducted from the value Of the land
taken, is unconstitutional as being unequal
taxation.
Dutt xyin In ,{oT,