The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-11
SUPREME COURT DECISIONS.
Several Cases Were Passed Uuou
Yesterday.

Yesterday.
The supreme court is keeping well I'D with
its work. and yesterday handed down four
decisions
In the case of Mats Holman. resnondert
vs. b. A. Kemp ct al, appellants, the cour.
holds that it is not the absolute dut, of
the servant upon entering his work to ascer-
tain the dangers and risks connected there
with; the measure of his duty is ordinary
care.
1t is also held that foreman In charge Of
work is a vice principal. In this case IIol-
man was employed by Kemp and others, con-
tractors on the Duluth & Iron Range rail-
road, as driller, and ordered to do
some blasting. He did not know how to
lay the explosives, and in handling them
there was premature explosion, in which
he lost an eye and suffered other injuries.
The jury in the district court awarded him
$4,000, which is sustained by the supreme
court.
The syllabus is:
Mats Holman, respondent VS.. Ernst A.
Kemp ct al, appellants.
l. Evidence held to support the verdict
2. 1t is not the absolute duty of the ser
want upon entering upon his work to ascer-
tain the dangers and risks connected there
with. The measure of his duty is ordinary
care.
8. Held, following Carlson VS.. n. w. Tel.
Co., GO Mimi, 428, that the trial court did
not err in its instructions as to when fore
man in charge of work will be regarded az
vice principal.
4. Certain rulings on the trial as to the
admission of evidence held to be correct
Order affirmed. Start J.
In the case of ]. H. Hintermister, respond
ent. vs.. ]. H. Brady ct al, appellants the
decision of the lower court is reversed The
action went into the district court on an
appeal from the probate court, admitting
the will of the late James Brady to pro-
bate. The order was made April q last.
and the case was to have been tried at the
May term of court, but failed to get on the
calendar, and the appeal was dismissed The
syllabus is follows:
Section 4571, G. S. 1894, relating to ap-
peals from probate court, to the effect that
if the case is not placed on the calendar
on or before the first day of the term at
which the cause is noticed for trial, the ap-
peal shall be dismissed, construed and held
that the district court may, for cause shown,
relieve the appellant from his default in not
complying with the statute. Held further,
that the respondents attorney in this case
by his words and acts, waived the so plac-
ing of the case on the calendar, and that
the trial court erred in Diminishing the appeal
Order reversed
A per curiam decision was handed down
in the case of the Commercial Bank against
The Azotine Company, and Philip Reilly ap-
pany ct al, intervenors, affirming the decis-
ion of the lower court. and holding that
Reilly was liable with the others on the
Judgment obtained by the Commercial bank
In the case of Leigh B. Smith, respond
ent- VS.. Albert H. Petrie appellant, the
order of the lower court Ia affirmed. The
grounds are thus stated in the syllabus:
/. To prove judgment Of a justice of the
peace from another state it Is only necessary
to give in evidence an exemplifcation thereof
in accordance with the provisions Of section