The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-07


sututed the criminal proceedings to sub
serve that purpose. Order reversed.
Mitchell, ].
Barney Thompson. respondent, VS.. Chicago,
St Paul q Kansas City Railway Company.
appellant.
II an action brought against two railway
companies TO recover for personal injuries al
Ieged TO have been caused by their concurrent
negligence, the defense interposed by each
OF the companies were a denial of negligence
on us part and an allegation CT cOntribu-
tory negligence on part of the plaintiff. The
trial resulted in verdict in favor of one
company ton which final judgment was en-
tered, and in a verdict against the other
company which was set aside and a new
trial granted.
Held. that on the second trial the judg-
ment in favor of the first company was not
admissible in evidence in favor of the lat
ter company to prove the contributory negli-
gence CT the plaintiff.
The injury was caused by a collision, at
grade crossing, between two trains, on one
Of which the plaintiff was locomotive fireman
and the contrlbutory negligence charged
against him was TIE failure to keep a proper
lookout for trains on the other road
Held, that as against such other road, and
upon the particular facts of this case, it
was not error for the court to charge the
jury that the plaintiff not bound in the
exercise Of ordinary care in the performance
of bis duties to anticipate that the engineer
of the other train would recklessly violate
his duties under the law in respect to pass
ing crossing; that in the absence OF evil
sumo that such engineer would obey the law
in that respect.
Also. that under the evidence the ques-
ton OF PLAINTIFFS contributory negligence was
fer the jury.
Also, that the damages awarded were ex-
cessve. Order affirmed on condition that
plaintiff consent to a reduction of the YER
dict to $500.
Alice X, Merrill, respondent. VS.. Security
Trust Company. as Assignee of Daniel d.
Merrill, insOlvent appellant.
Where married man executes, under the
lnsolVent law, an assignment of all his nom
exempt property for the benefit of his cred
title to the real estate assigned is not sub
ject to the wifes inchoate right. Deeds by
the assigsee In execution Of the trust con-
vey a complete title and the wife has an
inchoate interest only in the land, if any,
which remains undisposeG CT after the trust
is fully executed.
guished, and Goodwin VS.. Kumm, 40 MINI.
4GS considered and limited. Order reversed.
Mitchell, j.
First National Bank of Shakopee. appellant,
VS.. II. Benton Strait. as administrator of the
estate of Horace z. Strait. deceased re-
spondent.
In this case 1t was sought to postpone
the running Of the statute of limitations on
the ground of the fraud of the defendant.
which was not discovered by the plaintiff
section 5196, sub. 6.
Held, that the evidence would have justi-
fed the jury in finding that the failure of
the plaintiff to sooner discover the fact con-
stituting the alleged fraud was inconsistent
with the exercise of reasonable diligence and
was the result of the plaintiffs own negli-
gence.
Under a special plea of payment of the
note CT a co-partnership to a bank by the
deposit Of money which the bank received
and accepted in payment evidence that the
bank accepted in payment the individual note
of one of the members of the firm is mad
MISSILE. Order reversed. Mitchell, ].