The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-06-16
SUPREME COURT DECISIONS
QUESTION OF RIPARIAN
RIGHTS PASSED UPON

Order OF the Lower Court Affirmed
in the Case Of the Northern Pa
cific and the Receivers VS.. the
Scott 81 ltolston Lumber Conn
pany-City of St. Paul Sustained
in Appeal.
Chief Justice Start yesterday handed
down decision which decides knotty
questions as to the riparian rights of
parties owning property adjacent to
land submerged by high water for a
long period.
Railroad company against the Scott
Hoiston Lumber company, of Duluth,
Chief Justice Start sustains the lower
court in finding for the railroad COM
pany. The syllabus is as follows:
Northern Pacific Railroad Company and 7.
Z +. Cakes ct al. Receivers, ETC., respond
ents. VS.. Scott & Ho!ston Lumber Company,
appellant
l.. The owner of certain lands bor-
cering on the Bay CT St: Louis plated
lands appurtenant thereto, and made and
corded plat thereof, on which was indi-
Gated public a,;ey thirty feet wide in front
OF one of the shore blocks. Next in front of
this alley lines were drawn on the plat en-
brac1ns a tract CT submerged land eco feet in
width which was the outernlost lot or tract
plated its exterior line which was the outer
most line on the plat was marked. Proper
ty line OF L.. s. and r. r. The railroad
company then occupied this tract with it's
railway track and afterwards the platter con-
veyed the tract to it, Held that the riparian
rights originally incident to the shore block
We're severed therefrcm by the plat and at
tachcd to the outermost tract.
2. The deed by which the tract was cen
viewed contained n hlt tho
description thereof was wholly disconnected
frcm the description of the tract in question
the statement that it included riparian rights.
No such word followed the description. of the
tract. Held, that the riparian rights which
the platter had annexed to the tract passed
by the conveyance thereof. Order affirmed
Start, G. j.
Patrick Keigher. appellant vs. The City of
st. Paul, respondent.
1. Held, distinguishing Moran Manu-
featuring Company VS.. City of st. Paul,
65 Mimi, 300, that the evidence justified the
verdict to the effect that payments made by
the defendant upon certain contracts for
sprink.ing its streets were made and ac-
cepted upon and in full extinguishment OF the
principal of the debt. And that the trial
court properly submitted the question to the
jury.
.. Held. that 1t was competent for the de-
PENDANTS comptroller to testify in this case
to conversation relative to the issue with
the deceased contractor
g. An objection to evidence that it is in
competent and immaterial is not sufficiently
objections that the evidence is inadmissibIe
under the pleadings. Order affirmed.
Start. c. J.
Ironton Land Company, respondent vs. w.
W. Butchart, sheriff, ct al, defendants
Levi D. York, appellant
,e i. IT, The ,p plaintiff was the owner Of
creasing its value and stability agreed with
Y, who knew of such purpose to
convey to him ten acres thereof and give to
him cash bonus for which he agreed to
erect and operate on the ten acres a steel
plant, OF stipulated character and capacity.
The plaintiff made the conveyance paid a
part of the cash bonus and gave a mortgages
to secure the balance. The contract on the
part of Y. was substantially performed as to
some OF its terms but there was not COM
piete performance of all of them The mort
gage was assigned and the assignee received
it with notice Of the plaintiffs equities. Held
that the plaintiff was entitled to allege and
prove, as defense to proceedings Instituted
damage 1t had sustained by the breach of
US contract, and If the damages euualed or
exceeded the amount OF the mortgage to
wholly defeat foreclosure thereof
2. Held, That its right to make such do
Tense was not affected by the fact that It
had previously commenced an action which
was still pending, against Y. to recover dam
ages for breach of his contract it not ap-
pearing that the assignee acquired the mort
gage after the commencement of such action
or that he had changed his position or parted
with anything of value by reason thereof.
3. Held, That the measure of plaintiffs
damages was the difference in the value of
Its land with the contract performed to the
extent 1t was, and what the value of the land
would have been If there had been complete
performance of the contract
4. Opinion evidence by qualified witnesses
is competent as to what the value of the
land would have been if the contract had been
completely performed. Order reversed
Start. G. ].
Olaf Stendal, as administrator, etc., of Clar-
enee p. Stendal. deceased, respondent, VS..
Allen P. Boyd, appellant
land owner is not bound to fence or 9TH
erwise. guard an open excavation or pond.
natural or artificial. on his land SO as to
prevent injury to children coming thereon,
without right or invitation express or i'm.
piled, although they are induced so to do by
the, alluring attractiveness of such excava-
ton OF pond. Order reversed.
Start, c. ].
Erik Stacklie. appellant. vs.. St. Paul e Du-
luth Railroad Company. respondent.