The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-01
SUPREME COURT DECLINES TO
RECOGNIZE THIRD PARTY IN
H. ONE CASE.
BARG AND BOUSFIELD ONLY
ENTITLED TO STAND AS LITIGANTS
IN THE PAIL FACTORY AC-
CIDENT CLAIM.
LOCAL TAX JUDGMENT TITLES
Are Also the Base of Decision
Handed Down by Judge
CAVITY.

Among the decisions handed down
by the supreme court yesterday was
one in the case of Barg VS.. Bousfield
ct al, in which the plaintiff sued for
Damages received while working in a
pail factory. The defendant pleaded
that he was not the lads employer.
but that Barg was working for sub
contractor named Scott. The court
holds, however, that the Bousfeld con-
Germ holds an indemnity policy insur-
ing against suits from any employee
injured in the mill, and that its liabil-
ity for Barg's injuries is clearly estab-
lished.
The syllabi of yesterdays decisions
are as follows:
John Albert Barg, minor, by Theresa
Barg, his guardian ad litem respondents
VS.. E F. Bousfeld ct al, appellants.
l. Rule applied that a youth of between
fifteen and sixteen years of age is required
to exercise the amount of discretion which
person OF his age and experience should
exercise and no more, and whether plaintiff
was guilty of contributory negligence held to
be question for the jury.
2. Whether or not his employer was guilty
Of negligence in falling to instruct such
youth and warn him of the dangers of work.
ing around machinery with which he was not
familiar; held, question for the jury.
forms work for another represents the will
OF that other, not only as to the result, but
also as to the means by which that result
is accomplished he is not an ipdependent
contractor, but the agent of that other who is
responsible for his acts and omissions within
the scope Of his authority
T. Flalntln was employed in defendants
establishment by one Scott, was injured by
the laters negligence. and brought this ac-
tlon TO recover damages for the injury claim
ing that he was defendants servant, and
scout was their agent; they denied this and
CLAIMED that Scott was an independent con-
tractor and plaintiff was in his employ. On
the trIal the court received evidence show
ing that defendants held an indemnity policy
IIIHeinnlfylng them and holding them harm
less TO certain extent from liability ..bv
reason or any injury to any employees in
cIuGlng this plaintiff or anybody else that
might be in any part of the mill working In
the factory; that the company issuing the
policy had undertaken to defend. and were
saeLendlng this action for defendants Moth
ths leTther appeared as to the contents of
the policy, and it did not appear that such
insurer undertook by the policy to defend
rle ueienoants In all cases in which they
Nn HeId o Th charged with any such liability
neiu-Ihe evidence was admissible as tend
ing 10 snow that the defendants did not re-
gard Scott as an independent contractor.
"a "a S Vtner unimportant rulings considered
s. Heid-The verdict az n now Glands l.,
not SO excessive that this court would he
SSr rs1aS IN granting a new trial. Order af-
-Canty, ].
Jonn J. Flanagan, appellant VS. CITY of ST
FauI "a corporation), respondent.
l. me charter of the city of st. Paul pro-
tde that land sold on Judgment for GER
tain assessments of taxes for local improve
ments may be redeemed at any time within
nVe years after the sale; 1t also nrnvidas
tnat three months notice OF the time of
Inc expiration OF redemption shall be pub
hshed six weeks: the city treasurer attempted
10 give such notice, which was void for the
reasons stated In Bergen VS.. Anderson GA
N. w. R., Sic.
Held, a new notice NAV be given after
the expiration of the five years.
z. The charter also provides that when
the tax deed or certificate of sale is SET
aside in any action in which its validity is
brought in. question, the holder may recover
from the city the amount bid at the sale
and certain interest.
Held, the setting aside of the tax deed or
certificate in such a prior action is a con-
dition precedent to the right to maintain the
action against the city. Order affirmed
-Canty, ].
Harvey S. Bedell, as sole executor and trus-
tee OF the last will and testament of Car
RE K. Fradenburgh, appellant VS.. Edgar
A. Fradenburgh ct al, defendants. Edgar
A. Fradenburgh respondent.
certain will construed: held it did not
dispose OF a certain parcel of real estate ac-
CURED by the testatriX after the making of
the will, ard that as to such real estate
she died intestate. Judgment affirmed
-Canty. j.
Alfred E.. Puffer, respondent, vs. Chicago
Great Western Ry. Co., appellant.
Syllabus-Plaintiff while employed as a.
brakeman by defendant in it's switch yard
coupling an engine to a train of freight cars
received an injury by having his hand caught
between the bumpers He claims that 1t
was caused By the negligence of the engineer
In Jerking or suddenly stopping and starting
the engine while plaintiff was standing on the
foot board at the end of the tender, STOPPING
over without having hold of the hand raiD
and attempting to make the coupling while
the engine was still in motion approaching
the car, and that such sudden stopping or
jerking threw him off his balance causing
him to throw his hand on the bumper Of the
car where it was caught by the bumper of the
engine before he had time to take it away.
Held, there was no evidence to show that
such sudden stopping or jerking was any,
thing moro THAI ordinarily occurs in the BUSH
ness of switching and coupling cars the risks
of which plaintiff assumed or to show that
the engineer was negligent and plaintiff can
not recover.
New. trial granted
John H. Upham, respondent, VS.. Henry p.
Barbour, appellant.
Where the PLEDGE of stock put it out of
his control by canceling the certificates and
reissuing the stock to a third party to hold
as security for the completion or consumma-
ton of another and different contract with
out the Dledgee's consent.
Held, such PLEDGE was guilty of CONVEX
sion. Al s
The PLEDGE had an option to purchase the
stock at specified price.
Held, the pledgor might elect to consider
the conversion was an exercise of option and
sue to recover such price.
judgment reversed.