The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-11


ting Property Also Goes So Far
a. Foot PeddIers and Apple
stands Are Concerncd-six De-
cisions, Out of which Three Of
the Lower Court Are Reversed.
The supreme court yesterday handed
down six decisions written by Judge
Canty, Ia which the lower court is re-
versed IN three cases. The court saws
that the Minneapolis ordinance pro-
hibiting the obstruction of sidewalks by
placing goods and boxes In front OF a
business house is constitutional. In the
case Of the state against John San
trizos and Alexander Messolongitis the
court holds that the law prohibiting
the owners of abutting property OBJ
Btructing the sidewalk with wares and
merchandise, applies 10 foot peddiers
rs well as business houses. In this
particular case an apple man" was ar
rested for obstructng the sidewalk
with basket OF fruit. He was arrest
ed, fined, and applied for a new trial
which was refused, and the case was
carried TO the supreme court
The case involves an interesting
question, as there has been a great deal
OF contention IN Minneapolis as to the
validity OF this ordinance The decis-
len settles long disputed point and
II the Minneapolis authorities proceed
20 enforce the ordinance To the letter
some down town business firms Will
have 20 do their shipping out OF the
beck door. The syllabus IS az follows:
state % Minnesota respondent va. Alexan-
der Messolcngtts, appellant; State OF Min
nesota, respondent. vs. John Santrizos, sp-
syllabus-Held. the ordnance IN question
prohibited the defendant from placing his
h. cid
Tor sale and permitting them 20 remain there
an unreasonable length OF time even though
he Was duly licensed by the city as FOO,
pcdder.
lie permitted them so to remain for twenty
minutes.
He'd, the trial court was warranted in md
Ing that under the circumstances this was an
unreasonable length o. time
The Minneapolis municipal court act PRO
vidcs that where an offender in custody Is
brought before the court without process the
clerk shall enter upon the records brief
statement Of the offence with which he IL
charged. which shah stand as q complaint
complaint 90 De mode.
Held. this does not violate the provisions
o. me constitution requiring that the accused
the accusation. Order affirmed.
-Canty. J.
In suit brought 70 recover damages the
court holds thai an employe cannot recover
damages for injury caused BY q defect
which he Is sent to repair The court IN
brought against the city railway company,
cites number OF cases where the same doe
tine has been applied. This is reversal o.;
the lower court The syllabus is as follows:
Michael Frederick. respondent. rs. 81. Paul
civ Railway. Company. appellant
Syllahus-Rule applied that servant can
noi recover eamSges for an injury caused by
The defect which he was employed 20 repair.
Order reversed. -Canty, J.
CVn,hf -, -, .sh,- .,-,-
In re petition % John Doyle tor a guardian
Of Simon Doyle. incompetent: John Doyle
appellant, Us. Simon Doyle. respondent.
SyuShus-ln proceeding 10 have an old
person put under guardianship on the ground
that he is Incompetent 70 manage HIS prop
erty. and 50 spends and wastes the same as
suffering
Held. the andlngs OF the court that he is
competent and eoes not so waste his property
Armed -canty. ]
}. p Anderson. appellant, vs. Alexander
Johnson et sl.. respondents
Sylabns-Rule applied that a single act OF
an assumed agent and recognition OF his
authority BY his principal may be sufficient
evidence TO prove his authority 70 DO ether
Rule applied that where an agent acts in
excess % his authority IN making a contract
I is the duty Of his principal, on learning OF H.
70 promptly disavOw the act and restore what
De received under the contract, and by fail
ms 20 do 50 he thereby ratines the contract
ASe NoaiNN PfSNAueG lot rescissson on GER
tAin conditions the plaintiff having compiled
with those conditions. brought this action 70
recover back what he gave.
Held. il is not fatal variance TO permit
recovery on the ground that the agent had
- authority 70 make the contract order re-
Fersed and = new trial granted.
ssate OF Minnesota. plaintiff. Herman B.
hennebeck. intervenor. VS. The Merch ants
Bank OF Lake City et al. defendants: Mrs.
l.. Pierce. Intervening claimant. appei-
LIANT: Herman 81 kSnneheck et al re-
spordents.
Syllaous-An OF the parties 10 the action but
enc entered into q stipulation for Judgment
which ignored the rights OF the other party.
ano the court ordered Judgment accordingly.
which wes then entered. on the appeal %
such other party. held the Judgment should
b reversed es 10 her.