The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-22

render the order invalid or inadmissible In
evidence.
out and opened and is in use as such, by the
public, but for reason, the land owners dam;
ages for the taking OF his land for the road
have not been paid or secured and he fails
Statutes of S94-1S56, to have his damages as
sessed and paid within the time therein lin
tied, he will be deemed to have waived all
claim for them. Such statute so construed is
constitutional. Order reversed.
Start, c. ].
John Madison, respondent, VS.. Erick Madison,
as administrator, ETC., ct al, appellants
l. Section $780, General Statutes 1894, for
bids a party to action or a person inter-
ested in the event thereof from testifying in
directly to conversations with or admissions
by a deceased or Insane party or person. by
stating in the form of conclusions of fact
the result of such conversation or the effect
Of e"ch admissions.
On the trial of this action one of the
main issues was whether the plaintiff made
an oral contract for the purchase of certain
land with the deceased owner thereof Held,
that 1t was error to permit him to testify that
he bought the land for $40 per acre from the
deceased and was to have deed for the land
when he paid for it and that he had done so.
But held further that the wife of the Plaintiff,
who was not a party to the action, was a
competent witness to testify to conversations
with the deceased relative to the issue, she
having no direct and certain pecuniary inter
est In the event OF the action.
3. Where a married man sold land, but his
wife did not join therein, she is not estopped
to assert, after his death, her title to one
third Of the land. by the mere fact that
she knew of the sale and that the purchaser
was in possession of the land, and made no
objection thereto, during coverture
Order reversed. Start. c. J.
David Wilcox, appellant, VS.. Alexander Moore,
V. A. Whipp.e. A. E. Erwin and ]. F.
Cooper, respondents,
If the facts stated in the alleged libel, as to
the acts and conduct of plaintiff, are true,
held the publication was justifab,e.
Held every one has a right to comment
fairly and with an honest purpose on the con-
duct Of public officials, and if the facts so
stated are true, jury would not be war
ranted in finding that the alleged libel is not
fair comment with an honest purpose on the
conduct Of Plaintiff.
But he'd, it Is alleged that the article was
falsely composed and published 1t is not con-
coded that SUCH facts are true, they are not
presumed to be true, the burden is on de-
PENDANT to prove their truth, and therefore,
the complaint states a cause of action.
Order reversed. -Canty, ].
Perry Closson, appellant, vs.. T. F. Cakes ct
al, receivers of the Northern Pacific Rail-
way company, respondents.
The fasteniGgs of the side door OF an or
binary box car were defective and out Of re-
pair, and by reason thereof the door came
on the car at one corner, fell down and hung
by the other corner when Plaintiff, an en-
ploye, attempted to push it open, and by rea-
son thereof he fell out of the car, which was
upon high trestle, and injured.
. Held, on the evidence it question for
the jury whether defendants were guilty of
negligence p falling to inspect the car and
-hTSc0yer the defect before the injury; his
contributory negligence was also for the jury,
and the court erred in dismissng the action.
Order reversed and new trial granted
-Canty, j. +.