The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-07
UPHELD BY H|GHER COURT
MERRITT APPEAL IS DECIDED IN
FAVOR OF RESPOND
ENT
x DECISIONS YESTERDAY
Justice Lewis Files Five, and One
Is Per Curian-LOwer Courts
Sustained in Every
Case.


yesterday afternoon, five by Justice
Lewis and one per curtain. All affirm
the decisions of the lower courts. None
OF the decisions is far reaching in inn
portance. Following are the syllabi:
Charles D. Merritt, appellant, VS.. the
Great Northern Railway company, re-
SpOndent.
In the operation of railroad trains,
where the company rules charge both the
conductor and engineer with the control
ana management OF their trains. if one
assumes TO attend to an act within their
common line of duties, which act may De
performed by one, the other may rely
upon the presumption that such act was
this case and held: That the engineer
had right to assume that the conduc-
tor and trainmen had repaired leaky
air pipe without cutting off the airbrake
from part Of the train.
Inc p4alntlH as an engineer was by the
rules OIL the company made responsible
Tor the control and management Of his
tram; was Obliged to make proper tests
OF the air brakes at grades and stations
and have his train under control while
approaching stations; running an inferior
extra train he was charged with the duty
OIL knowing the position of all regular
trains, they having the right of way.
having approached station at the ra tie
OF twenty live miles an hour and coIlided
with regular train. Held: Under the
circumstances of this case that he was
guilty Of contributory negligence.
SCch negligence in the care and man
agement OF his train appears conclusiVely
from plaintiffs own personal statements
and theory of the accident, and there is
no reasonable probability OF a different
line OF evidence or theory being produced
IN good faith, at another trial, and the
order of Judgment Notwithstanding the
verdict, should be sustained. Order af-
hrmed. Lewis j.
State of Minnesota, respondent VS.. Iver
Bfath0Vde, appellant.
In proceedings under the bastardy act
a, complaint which charges that the COM
pIa1nant is pregnant with a child which
II born alive will be a bastard, naming
the party and stating the other requisite
OF the statute, states a good cause of
action.
The fact that time and place are not
given does not make the complaint sub
Ject to the objection that it does not
state facts sufficient to constitute a cause
of action.
If the preliminary examination before
the justice court does not sufficiently ap-
prise the defendant of such time and
place to prepare himself to meet the
charge at the trial. the remedy is to
move the court to make the complaint
more specific in those particulars.
Calling the attention of the jury to the
supposed resemblance of the child to the
defendant, who was charged with being
its father, was improper on the part of
prejudice the jury. But under the cir
cumstances in this case, and in view of
the courts instructions, a new trial will
not be ordered on that account.
Evidence examined and held to sus-
tain the verdict. Order affirmed.
Lewis J.
Frederick w Foot, as administrator of
the estate OF Michael Tanning, de-
ceased, appellant, vs. Great Northern
Railway company, respondent.
Under G. S. 1894, 1913, the personal rep
resentative Of the deceased person, may
compromise and settle the claim arising
under the statute, with the party liable,
without the consent Of the next of kin
or the probate court.
Such settlement may be effected either
before or after the action is brought.
Order affirmed. Lewis, j.
Lewis Thiele., respondent, vs.. Nels o.
Berge and Caroline r5erge, appellants.
Certain assignments of error consider
ed and held to be insufficient. Order af-
firmed. Lewis, j.
Clara E. LIE May, appellant. VS.. John
Brett and Margaret Brett, respon-
dents.
Certain assignments of error examined
and held to be not well taken. Judg-
ment affirmed. Lewis, J.
The per curtain decision was in the
case of Charles A Ebert, appellant, VS..
Mutual Reserve Fund Life association,
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