The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-15
CITY'S Big VICTORY
SIT. PAUL GETS A NEW TRIAL OF
SUIT AGAINST THE GAS
COMPANY
INTEREST ON DEAD" LAMPS

Ramsey County Court, Which Held
| the City Liable for Per Cent Per
Amman ON the Cost of the Gas
Company's System, Is Reversed,
| and Contract Held I'm Conflict
With City Charter.
| Two. out of five decisions handed down
| by the supreme court yesterday, written
! by Justice CAVITY, are reversals Of the
| lower courts. A decision of local impor-
tance is that of the st. Paul Gas Light
| company against the city Of st. Paul, re-
versing the Ramsey county district court.
| The gas company sought to enforce the
| payment of per cent year Of the cost
of about LOO dead street lamp posts,
| pipes and meters that have since been
| supplanted by electric lights.
Judge CAVITY, in his opinion cites the
charter of the gas company as providing
that the company shall put in their posts,
pipes and lamps and keep them in re-
pair, and that the city Of st. Paul shall
pay annually per cent of the total cost
| OF putting in fixtures. The opinion grant
! ing new trial states that there is no ex-
press provision regarding the time for
|
| though the city charter practically de-
cides the matter in its several provisions
The charter Of the gas company went
into effect Jan. 1, 1857. The city had the
option Of buying the plant at the end Of
| twenty years or at the end of fifty years,
but has not awaited itself Of the OPP
portunity. The court says that there is
no law which can compel the city to pay
| this per cent for an indefinite space of
| time on the section Of the plant on
streets where 1t is not being utilized for
| lighting purposes.
The court says, however, that the coun-
| Gil, acting under the charter, has no au-
| thor1ty to stipulate with the company for
! the erection Of new posts without first
contracting with the company for their
use for certain length Of time The gas
| company and city can enter into a con-
| tract, and 1t is held that the only protec-
| ton. which the gas company has is a.
| voluntary contract entered into by both
| parties.
The concluding paragraph of the deci-
| sion says: 1--WE are of the opinion that
| under these circumstances the charter
| does not require the city to pay such
! compensation for street lamps which it
| Is not under contract to use. The city
| is not liable for compensation for the use
! Of street lamps after they have been
| abandoned. The claim of the company
! that there has been a practical construc-
ton by both parties binding the city to
pay for what it is not using is untenable.
| None of the contracts bind the city to
pay" The syllabi of yesterday are as
| follows:
st. Paul Gas Light Company, respondent.
| VS.. The City of ST. Paul, appellant
| Syllabus-Held. under the charter Of
| the ST Paul Gas Light company och. SO, L,
1861 the city of st. Paul is not com
PEELED to pay the gas light company COM
pensation for. street gas lamps which
| the city is not using to light its streets
and is, IS not by any contract REQUIRED to
a new trial granted. -Canty, J.
A; e.. Johnson Company, appellant, VS..
p: M. White. defendant. David NJ
| White and John Staberg. copartners
as White & Staberg. interyenors, re
Syllabus. In. an action brought
notes made by. him alone. a third party
INTERVIEWED and he, and, the defendant
Joined in complaint Of Intervention in
which they allege that they were part
| ners, that the notes were given by the
defendant in settlement of a partnership
debt. and they set up various counter
| them as partners
| Held, under our statute such interview
ton and complaint in intervention are
| proper.
2. If any of the counter claims stated
IN such complaint are sufficient, de-
tor shoud be f9 he 0rdaT
affirmed. -CantY j.
Christina Rines. respondent, vs.. German
Insurance Company of Freeport, I'LL,
Syllabus. Held. an Endorsement on
the back of a fire insurance policy as
signing "the interest of the insured as
owner of property covered by the within
policy" sufficiently shows an intention
to assign his interest in the policy.
z The owner Of q lot and building con-
viewed the premises to plaintiff, and at
the same time by mistake assigned to
plaintiffs husband the insurance policy
on the building to which the insurer
consented; subsequently and before the
fire. the husband assigned the policy to
plaintiff to which the insurer consented:
void while so held by the husband, the
latter assignment and the insurers con-
sent to the same. validated the policy
D. The policy provided that in case of
loss the insured should forthwith render
to the insurer proofs of loss; such proofs
were not rendered until eighteen days
after the fire;
Held, under all the circumstances, the
proofs were rendered in time. Order az
Isabella Nicholas, respondent VS. The
burlington: Cedar Rapids &, Northern
Railway Company. appellant
Syllabus The rule applied that 1t is
the duty of the master to furnish a safe
place for his servant to work in; held.
defendant was guilty of negligence in fall
ing to furnish such a place.
q Held, the statute of South Dakota
giving to the widow heirs or personal
representatives a cause of action for
negligence resulting in death, is not so
much in conflict with the public policy
and statutory law of this state that our
courts should refuse to enforce it. Order
affirmed CAVITY I
August Schumacher, respondent, VS.. Pabst
Brewing Company, appellant
SylldDuS-An agent authorized to negO-
tate for or make a lease for three years.
made one for three years with the priv
ilege to the lessee Of a renewal for two
years more.
On the evidence. held. the alleged lessor
never ratified the unauthorized lease so
made
The alleged lessor subsequently offered
the alleged lessee a new lease for the
period of three years. but before the offer
vas accepted. 1t was withdrawn: in an
action by such lessee for damages for
breach of the contract in refusing to per
NIT him to take possession. held, the
minds Of the parties never met. no con-
fran Of loo iIocr