The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-18
COMPANY HELD LIABLE,
Supreme Courts Decision in Stew
art Damage Suits.

Supreme Courts Decision in Stew
art Damage Suits.
Twelve decisions were handed down in
the supreme court yesterday by Chief
Justice Start and Justice Mitchell
In two separate cases brought against
the st. Paul City Railway company by
George and Anna Stewart the court sus-
tains the Ramsey county court in which
verdict for personal injury was given
IN each Instance. The syllabi are
anna l.. Stewart, respondent VS. The ST
Tau1 City Railway Company, appellant
ME street car company is not re-
oponsip!e Tor the condition of the streets
on Whlch 1t operates Its Sars yet 1t is
pound to exercise reasonable care to
stop its cars for the DISCHARGE of mas
that purpose
Evidence held sufficient to justify the
jury In finding that the defendant was
chargeable with notice OF a certain hole
In the street and was negligent in stoD-
ping its car in such close proxip1itv TO II
that a passenger in alighting In che dark
S %as haole to step into it. Order af-
nrmed Mitchell, j.
George Stewart, respondent, VS.. ST. Paul
City Railway Company, appellant
In an action for personal injuries
caused by the alleged negligence of the
aeIendant IN stopping its car for a pas
senger to alight at an unsafe place the
principal issue being the distance from
the car steps to a hole in the street, the
9etendant, after the hole had been
uHed and about eight months after the
accident occurred, placed the car where
It claimed 1t stood at the time Of the
accident, and crOwbar where it claimed
the hole had been, and then caused a
photograph of the surroundings to be
taken Upon the trial-the defendant Of
Tered the photograph In evidence, ac-
compan1ed by an offer, to prove that the
car stood where ftu stood when the &C
cident occurred. and. that, the serowbar
correctly indicated the location of the
mole Held, that there was no error, in
refusing Ta to admit tines photograph in evil
dence. Order affirmed. Mitchell, J.
In the State VS.. P. S. Finch, the su-
preme court holds unconstitutional the
Minneapolis ordinance licensing hackmen
and expressmen, because it Is in some
respects unreasonable in amount and be-
cause it contains Determinations in
amounts which are purely arbitrary ~ -.
The five Madelia farmers warehouse
cases are decided as foIlows:
FARMERS Warehouse Company ct al,
defendants:e A. o. Ouren, Thomas @.
Hovde, Alb IAN jacobson, Frank Lee
appellants.
Henry Cool ~londent vs. MadeIia
Farmers l5se Companyset al,
defendants; A. o. Ouren, appellant.
Where grain,- deposited for storage with
g corporation organized under title @
chapter "a, Of the Statutes, engaged as
Warehousemen in storing grain for hire
is wrongfully disposed Of by the fraud
unfatthfulness or dishonesty of, the. di-
rectors officers or members, the owner
Of the grain suffers loss peculiar to
himself which enables him to maintain
an action against such directors, officers
or members under the third subdivision
Of section $500, Statutes 1894.
Held, also, that the complaint sufficient
ly connects the defendants with tie
wrongful conversion. 81 least in their
capacity as members or stockholders of
the corporation. Orders affirmed.
Mitchell, ].
Hector A. La Mette ct al, plaintiffs,
Georgiana Whitcomb ct al, plaintiffs, re-
spondents vs.. Joseph A. Mehr ct al, de-
PENDANTS. George. j.. Smith, defendant,
pellants. Order affirmed. Mitchell, J.
Peter S. Nelson, as receiver of the
Pennsylvania Coal and Oil Co., plaintiff,
VS.. Pennsylvania Coal and Oil CO. ct al,
defendants, Frank Haywood ct al inter-
viewers, appellants, w. S. Dwinnell, re-
spondent. Order affirmed. Start, G j.
X. B. Beeson, respondent, V. Peter
Thompson ct al, defendants Peter
Thompson, appellant. Judgment affirmed,
Andrew Johnson and Gust. johnson. CO.
partners as johnson Bros. respondents
vs.. Frank Sakrison, Appellant Order
]. Harris Cool, respondent vs. Thomas
Il. Kelly, appellant. Judgment reversed.
Marion G. Armstrong. appellant, VS..
Charles A. Freimuth, defendant, and D.
Van Bealen, interviewer, respondents. Or
der affirmed Start, @. J.
Anna Flehrs, appellant, vs. George w
Forsyth respondent. Order affirmed.
Frank Vanek, respondent, VS.. City Of
Mitchell ].