The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-10
DECISIONS HANDED DOWN BY THE
SUPREME COURT YESTERDAY
AFTERNOON
CONDITION OF THE STREETS
is DISCUSSED IN ONE AND DEEDS
OF OFFICIALS IN AN
OTHER.
cnArEL's APPEAL ovERRULED
In the Case of w. III. Kent Against
the EN-Sheriff-Other De-
ciSiOnS.

MuQlclpal COIpOIdIiOI4S are OIlCOliy
affected by two Of the decisions hand
cd down by the supreme court yester-
day. St. Paul saves big damage
claim by the decision in the McHugh
case, the court holding that the city
need not have it's streets fully lighted
when the roads are in good condition.
The other decision affects Minneapo-
lis and Hennepin county and con-
concerns the damming of Minnehaha
creek.
John B. McHugh, appellant, VS.. City of St.
PAU, respondent.
l. city is not ordinarily liable for an
Injury to a traveller while straying outside CT
an unfenceN street, when the whole street
is safe AID convenient to travel upon.
2. city is under no obligation to light
Its streets were they are safe and convenient
for travel the whole width, unless the duty
10 do SO is inpcsed by its charter Order
affirmed. Buck, j.
Peter Schussler, respondent, VS.. Board of
County Commissioners of Hennepin County,
appellant
AS general rule municipal corporation is
not responsible for the unauthorized and I'M
lawful act of its officers though done colore
ofhcii. but when such corporation itself
pressly authorizes such act, or when done,
adopts and ratfes IT, and remains and enjoys
lis benefits it is liable in damages. Judgment
affirmed. Buck, ].
First National Bank of Brooklyn N Y, re-
spondent, vs.. K. o. Slette ct al, appellants.
An instrument in these words "$1 ,673
Halstad, Mimi. July 26, 1894. For value re-
ceived we promise to pay to the order of the
John Good COrdage and Machine company
the sum Of sixteen hundred and seventy-three
dollars as follows Payable by New York or
Chicago exchange, $780, Nov. 15 1894; $3.50
Dec. l, 1894; $500 Dec. Is, 1894 Without in
terest, If paid as due; if not, then legal rate
from date until paid
Held not negotiable, for it is not payable
in money, but by bills of exchange. Order
reversed and new trial granted.
Start, c. ].
Peter Sharpe, respondent, VS.. B. B. Larson,
appellant.
A certain publication made by the de-
PENDANT, of and concerning the plaintiff as
attorney at law and county attorney, set forth
in the opinion herein. considered and held
that II Is obviously HbelOuS per Sc and that
the trinl court rightly instructed the jury
that the plaintiff was entitled to a verdict in
some 2rlount without proof Of malice. Or
DER am med Start c. ].
Annie s. Carlson. appellant, VS.. Presbyterian
BOARD of Relief for Disabled Ministers ct al,
respondents.
Mimi, "a. that where a general fact or re-
suit is pleaded and also the special facts by
which such result is reached, and they do
not support the result, the special facts con-
troll and the pleading is bad.
MORTGAGE, holding a fire policy, pro-
viding that the loss, if any, should be payable
to the mortgage as his interest might appear,
which was procured and paid for by the
mortgagor, foreclOsed his mortgage and bid
in the premises at the sale for the full
amount of his debt. Afterwards, but before
the expiration of the time for redemption,
the dwelling house. covered by the mortgage
and policy was injured by fire and the insur-
anCe company paid the loss to the mortgage.
No redemption made from the sale.
Held, that the mortgagor could not recover
OF the mortgage the amount paid, but if
he had redeemed he would have been entitled
TO have had the amount applied pro tanto on
the redemption. Order affirmed.
Start, C. ].
Edward Burau as administrator of the estate
Of Edward R. Burau, deceased, appellant
VS.. Great Northern Railway Company, re-
spondent.
Evidence considered and held that the trial
court was justified in ordering judgment Tor
the defendant, notwithstanding the verdict
Tor the reason that it conclusively shows
that the deceased, for whose killing by tho
defendants railway train at a highway
crossing this action was brought, was guilty
OF contrioutory negligence, Judgment af-
frmed.
Pelican River Milling Company, appellant,
vs. Marcus Maurln ct al, c2-partners as
Maurin Bros & J. S. Billings, respondents
In an action to enJotn an execution sale Of
real estate when it appears from the alega-
lions la the complaint that the plaintiff Is in
possession or the property Of which ne Claims
to be the legal owner, and by his admission
that the legal title under which he claims
ownership is Of record and claims to be su-
perior to any that be acquired by a
purchaser at the sale. and the gravamen Of
the complaint is that by reason of such
threatened sale insurance has been and other
insurance will be Cancelled, a temporary in
junction to restrain such sale is properly re-
fused. Order affirmed. Buck ].
AdOlph Wulff. appellant, VS.. Walter A. Wood
Harvester Company, respondent
Held, that upon the evidence the trial court
was justified in Diminishing the action and de-
nying the motion for a new trial
Buck, j.
w. H. Kent, respondent VS.. Charles E.
Chapel appellant.
General Statutes 1894, section Sill provides
that after a verdict Of a jury or report of a
referee in any action for a wrong such ac-
ton shall not abate by the death of any
party.
Held, that under this statute a verdict in
an action for a wrongful personal injury is
assignable.
Hunt VS.. Conrad At Mimi, 557, distin-
guished.
Order affirmed.