The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-16
CALF OF THE SUPREME COURTS
LATEST BATCH OF LEGAL
OPINIONS
REVERSE THE LOWER COURT
LIABILITY OF EMPLOYERS FOR
DAMAGES IS AGAIN ELUCI-
DATED IN COURT.
CASE OF A CAR OF BAD BANANAS
Results in "a Disagreement Between
the Two Branches of the
Judiciary Department.

OF the eight decisions handed down
by Judge Buck, of the supreme court,
yesterday, four reverse the decisions of
the lower court. Among the subjects
of contention adjudicated are the evil
dences of fraud in mortgage transact
Ions, the liability of employers for in
juries to employees and the interpreta-
ton to be placed upon business mes
ages. The syllabi are as follows:
1ngri Olson, appellant, vs. Northwestern
Guaranty Loan Co., defendants, Tabatha
Lapsley and Mary Hazard. intervenors, re-
spondents.
i. Payment of the amount due upon a
mortgage to the mortgage, by the mort
gagor after the mortgage has been assigned,
but without notice of the assignment by the
mortgagor, will extinguish the mortgage.
johnson V. Carpenter, Mimi, 176, followed.
2. Payment of a mortgage by the mort
gagor to the mortgage before maturity with
the accrued interest to day Of payment is
no evidence of bad faith nor is want of
good faith to be inferred because the mort
gage was not produced at the time of the
payment. Judgment reversed.
Buck, ].
Gustav Martini, appellant, VS.. Nels Chris
tenson ct al, defendants, John B. Arend,
respondent.
Evidence considered and held sufficient to
Justify the finding of the trial court.
Buck, j.
Theo. Basting, as receiver of Minneapolis
Times Co., respondent, VS.. Northern Trust
Co., appellant.
Evidence considered and held sufficient to
Justify the finding of the trial court
Buck, ].
Mary Clarkin ct al, appellants VS.. The
Biwabik-B essemer Co. Ia corporation) ct al,
respondents.
Certain contractors erected boarding camp
upon mining property, where they were en-
gagged in mining, under contract with the
owners of the property and by permission
of the contractors. Plaintiffs occupied the
camp and boarded the contractors work.
men. Subsequently the contractors aban-
dOned the contract and premises, and plant
ifs intended and attempted to remove from
the camp with their property used therein
but were delayed by reason of the severity
Of the weather dangerous sickness of mem
Der of their family and financial inability in
obtaining another place. The defendant COM
pany resumed possession of the mining prop
erty and stored large amount of dynamite
In a building thereon situate within thirty
three feet of the boarding camp, and about
three weeks thereafter this dynamite, while
being heated by defendants, exploded, dam
aging plaintiffs personal property situate in
the boarding camp.
plaintiffs that II they remained in the board
Ing camp they would do at their own
risk but gave them no notice to remove from
the camp and took no legal steps TO compel
them to do so.
The defendants stored the dynamite in the
building about three weeks before the ex-
pioson and while the camp was still occupied
by the plaintiffs.
Held l. That under the facts appearing
in this case the plaintiffs remained In pos
session of the boarding camp as bare hcen-
Sees and that the question of whether they
had reasonable opportunity to remove from
the boarding camp with their property be-
fore the time of the explosion, was ques-
ton for the jury.
Q While the plaintiffs were in the actual
possession of the boarding camp, as bare
licensees the defendants would be liable Tor
damages to plaintiffs property therein SIT
uate resulting from the explosion Of the dy-
Mantle if the explosion was caused by de-
PENDANTS want of ordinary care and skill
In it's management, although in their lawful
possession at the time. Order reversed.
Buck, J.
John A. Swan, respondent, vs.. Adolph Munich,
substituted appellant for Anna Munich, de-
ceased, appellant; John R. Johnson re-
spondent VS.. Adolph Munich. etc., appel
liant; John Hoten, respondent vs. Adolph
MUNICH etc.. appellant; G.. F. Carlson, re-
spondent VS.. Adclph Munich, etc.. appel
liant: August c. Carlson. respondent, VS..
Adolph Munich, ETC., appellant.
A wrongful entry upon land, under
claim of right. inconsistent with the title
of the true owner, with continued posses
sion and the exercise Of acts Of ownership,
hostile to the rights. of the owner but with
into title by prescription. Village of Glen
coe vs. Wadsworth, As, MINI. 402 followed.
This rule applies to an easement in real
property. And where the claimant needs the
use of the property from time to time and
so uses 1t, this is sufficiently continuous
use to be adverse, although 1t is not con-
slant. Rule applied in this csse and held
that the building of dam across Snake
river and the continued adverse use of the
dam whereby the water of the river was OBJ
structed and thereby overlooked plaintiffs
land during the months of April May and
June in each year for the purpose of sluic-
ing logs for period of fifteen years was
sufficient to create easement in plaintiffs
premises by prescription during the said
three months in each year. Order reversed.
Buck, ].
John B. Cefalu ct al, respondents, vs. Fitz-
simmons Derrig Company, appellant.
The defendant, dealer in fruit at Du-
luth, ordered from the plaintiffs whole
salers at New Orleans, a car of good Hon
duras bananas, to be shipped to st. Paul
in care Of the Duluth railway.
They were so shipped, received by the rail-
way and carried to Duluth where they were
for the first time inspected and found not
TO be ordered. Thereupon the defendant
wired the plaintiffs as follows: Car Of
bananas here subject to your order Not 4
hrst-class banana in the car" and received
in reply the following telegram: TAKE
fruit; will write" The defendant then fool
and disposed of the fruit.
Held. that an acceptance or rejection Of
the fruit at st. Paul was waived and the