The Saint Paul globe., 1899-04-28
DECISIONS BY CAVITY
TRIAL IN THE ROSTAD DAM
AGE SUIT
ERRORS IN THE TESTIMONY
Ramsey County In Relation to
Executors Fees Fafls-The City
of Red Wing Loses In It's Suit
With Guptii, the Lower Courts
Decision Reing Confirmed.

With Guptil, the Lower Courts
Decision Reing Confirmed.
Judge Canty yesterday handed down
four decisions In the supreme court, In
one case recording a reversal of the low
er court In contention between A. H
Rostad and the Great Northern Railway
company the latter is granted a new
trial. The action was brought by Rostad
against the Great Northern for personal
injuries received from exposure while ac-
companying a car of stock from the
kelso farm to st. Paul. 1t was during
one of the big snow storms in 1897 and
the caboose in which he was. riding was
side tracked and taken for a five mile
trip back on the right of way to assist
in digging 4 passenger train out of the
snow. Rostad claims he caught a severe
cold by reason of the door being constant
ly open. and that it brought on acute
rheumatism. He claimed that he should
have been notified of the intention of
the crew to take the caboose away from
the train, and given a chance to get out
and wait in Crookston for its return. The
syllabus:
Anton H. Rosted, respondent, VS.. Great
Northern Railway Company appellant
Syllabus. Where a person expos
to cold was, shortly afterward, ATTACKED
by infiammatory rheumatism, held, under
the circumstances of the case the Jury
might find without the aid of expert evil
dence, that the rheumatism was caused
by the exposure.
Where the plaintiff, a passenger, in a
caboose attached to freight train, which
was making regular scheduled trip,
was, before he or the train reach their
destination taken off in the ceboose on
branch line, on an irregular side trip,
without notice or warning, and exposed
to cold and injured in health,
Held, the jury were warranted in find
ing the carrier guilty of negligence which.
caused the injury.
2 Held, the admissions of the conduc-
tor made. after returning from the side
trip and starting again on the main trip,
that he did not so notify the passenger,
because, he the conductor, was so busy
he forgot to do so, is not competent evil
dence against the carrier in an action
for such injury.
Held, this errCr would not be cured,
even II the evidence had subsequently
become competent at impeachng evil
dence. unless the court charged the jury
that it should not be considered for any
other purpose, and in order to save his
rights, appellant would not be required
to request the court so to charge.
8. A certain ruling held error without
prejudice.
Held, it was within the scope of the
general duties of the brakeman to no
tfy the passenger to leave the caboose
When II was about to be taken Off on
the side trip.
Judgment reversed and a new trial
granted. -Canty, ].
State of Minnesota, ex rel, Samuel Neu-
man, as administrator, etc, respondent,
VS.. Probate Court of Ramsey County of
Minnesota ct al, appellants.
Syllabus-B., the executor of the es-
tate of F., dies without filing his account
In the probate court, thereupon. H. was
appointed administrator de bonus movo
of the estate of B., H. was appointed
administrator Of the estate of B., and the
probate court ordered H. to file, in the
estate of F., and account of the receip's
and disbursements of H, us such ex-
ecutor: H. did so, the account was con-
tested, and the court, after a hearing, de-
cided that at the time of his death B.
as executor. was chargeable with bal
ance of S1,650.e2 due from him to the
estate of F.: thereupon the court allow
ed II. compensation and attorneys fees
out of the estate of F., for such account
ing and ordered n. to pay the same.
/. Held, the order allowing such COM
pensation and attorneys fees is not ap-
pealable. and, therefore, may be reviewed
by certiorari.
3. Held, H. stood in the shoes of B. in
making such accounting, and is not en-
titled to compensation or attorneys fees
out of the estate of +.
8. Held, the petition for the writ of
certiorari shows error upon its face, and
is sufficient. Judgment affirmed.