The Saint Paul globe., 1898-10-04
U.S.COURT OF APPEALS
NORTHERN STEAMSHIP COMPANY
WINS AGAIN IN THE CLAUS
CASE
IN DEATH FROM POISONING

An Exemption Clause Saves on In
surance Company, Whether the
Person Dies Accidentally or by
Intent-OctOber Term of the
Ramsey County District Court
Opens-Grand Jury Sworn In.
In the United States circuit court of
appeals Judge Shiras yesterday handed
down an opinion in the case Of John Il.
Claus against the Northern Steamship
company, confirming the decision of
the lower court. which gave a decision
IN raVor Of the company. Claus sued
oiie company for personal injury re-
ceiVed In falling down an open hatch
way while employed IN repairing one
or the company's boats at Duluth. The
lower court held that the accident was
due to plaintiffs own carelessness.
In a decree filed in the United States
district court yesterday by Judge Locn-
ern the court holds in the case Of Ed
ward L. Theim and George Weber.
against Charles F. Whaley and John J.
DWyer, an action to enjoin from patent
infringement, that defendants did in
fringe upon certain patent rights of
plaintiffs in the manufacture Of "B-B''
and Century Club" bicycle toe clips,
and DEGREES that perpetual injunction
be granted to prevent defendants from
any and all infringement under the let
ters patent involved. The case was
decided on the pleadings.
In an opinion filed in the United
states circuit court of appeals yester-
day by Judge Shiras, it is held that
insurance policies containing an exemp-
ton clause where death occurs from
poisoning that the company Is relieved
OF liability whether death be accident
ally from poison or suicide.
The case under consideration was
that Of Serena B. McGlother against
the Provident Mutual Accident COM
pany, OF Philadelphia, Pa Plaintiff s
husband died from the effects Of poison
taken accidently. The company declin-
ed to pay the policy under the poison
clause and pla1ntiff sued IN the lower
court, where the decision was for the
company.
The following were the opinions yes
terday handed down in the United
States circuit court Of appeals:
F. 9. Austin Manufacturing Company VS..
Charles Johnson. Error to United States cir
cult court, district Of Kansas. Reversed
with costs and remanded for new trial. Opin-
ion by shiras, district judge; sanborn, circuit
judge. files concurring opinion.
George H. Scott VS.. w. A. Latimer, receiver
Error to United States circuit cort. Western
district or Missouri. Affirmed, with costs.
Opinion by Shiras, district judge. sanborn
circuit judge, files dissenting opinion.
John R. Claus VS.. Northern Steamship Com
pany. Error to United States circuit court
district Of Minnesota. Affirmed with costs
Opinion by Shiras, district Judge
Serena B. McGlother VS.. The Provident Mu-
tual Accident Company. Error to United
States circuit court, Western district of Mis-
souri,. Affirmed with costs. Opinion by San
born. circuit judge. Thayer, circuit judge
files dissenting opinion.
ST. Joseph Union Depot Company VS.. Chi
cago, Rock Island & Pacific Railway Com
pany. Error to United States circuit court
Western district of Missouri. Reversed, with
costs, and remanded for further proceedings
necessary to a final judgment in the case.
Opinion by Shiras, district Judge Sanborn,
circuit judge, files concurring opinion.
The American National Bank of Denver vs.
The Northwestern Mutual Life Insurance
Company. Appea! from United States circuit
court, district of Colorado. Affirmed, with
costs. Opinion by Shiras district Judge
The following orders entered
Michael Griffin VS.. Peter Keenan, admins
TRAITOR etc. Appeal from United States cir
cult court, district of Minnesota. Motion OF
appellant for leave to file and docket record
denied Motion of appellee to docket and dis
miss appeal sustained and appeal dismissed
with costs, pursuant to rule 16