The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-07-12
DAMAGE SUITS GALORE
FOUR OF NINE SUPREME COURT
DECISIONS RELATE TO PER-
sONAL INJURY CASES
ST. PAUL LOSES TWO OF THEM
Higher Court sustains the Rights
of tae Plaintiffs to Collect
Damages From the
Corporation.

Four personal injury cases were decided
by the supreme court yesterday, in which
the city of St. Paul loses two and the
Minneapolis street railway wins one and
loses another.
In the case Of Mary ]. Nicol against the
city the supreme court sustains the plain
tiff in her suit for 5000 damages for per
sonal injury received by falling through
a sidewalk on Fauquier street last year.
The verdict of the lower court for the
city is reversed, and a new trial ordered.
The syllabus is as follows:
Mary ]. Nicol, appellant, VS.. City OF 81.
Paul, respondent.
Syllabus. Even If subsequent
| statute, containing no repeating clause, be
not repugnant its provisions TO a prior
| statute yet if the former was clearly
intended to prescribe the on.y rule when
! should govern in the case PROVIDED TOT, II
! repeats the original act by implication
q Rule applied and held that chapter
24S, Laws 1897, supersedes and repeats the
S. L., 1885, c. Z, S. 49, as to giving no
tice of personal injuries. Order atnrmed
Start, c., j.
In the case of Marie Neissen VS.. City Of
st. Paul the plaintiff was awarded YER
dict, and the city appealed. The case is
of the same nature as the first one. The
plaintiff on a dark night drove into an
excavation and was severely injured. She
asked $1,000 compensation, and the city
set up the defense that she was not en-
titled to recover because she had not filed
the proper notice with the city clerk or
the mayor.
The district court decided in favor Of
Neissen, and the supreme court sustains
the decision, that it was sufficient to file
the claim with the city council
The syllabus is as follows:
Marie Nelson, respondent, VS.. City of
St. Paul, appellant.
Syilabus-Held, following Nieol VS.: st.
Paul, that the provisions of the defend
ants charter as to giving notice Of per-
sonal injuries were repealed by Laws
1897, c. 24S. Order affirmed.
Daniel M. Robbins, respondent, vs..
Harry F. Legg and Dora V. Legg, ap-
pel.antS.
that the note had been paid by CONVEX
sion of certain collateral security, and
that the note was usurious. The trial
court found that neither defense had been
sustained. Held:
1. That the findings of the court are
sustained by the evidence.
q That it was not competent for a
party to the action to indirectly testify
to a conversation with deceased person
by stating in the form of a conclusion
that he paid 500 to such person as a
bonus for the use of the money for which
the note was given. Madison vs. Mad
ison, So Mimi, 81 followed. Order af-
firmed. Start, G. J. r
B. o. Bitterness, respondent VS.. Halvor
K Botten ct al, defendants; Tru:s T.
PaaverHd, appellant
Syllabus-The trial court In this case,
did not abuse its discretion in denying
the defendants motion for new trial
on the ground that by accident and sur
prise he failed to secure the attendance
at the trial of a material witness. Order
affirmed. Start, G. ].
Albert c. Moldenhaur, respondent VS..
The Minneapolis Street Railway Com
| pany, appellant.
Syllabus-This is a personal injury ac-
was thrown from his bicycle upon the
! street car tracks of defendant and there
! by rendered unconscious While in this
condition he was struck and Injured by
! one of the Defendants cars. One OF his
| specifications of negligence was that she
defendant permitted the headlight of the
| car to become defective, dirty and grimy
so that it did not sufficiently light its
tracks witness who was present at
| the time of the accident was permitted
! to testify that subsequent thereto and
| for a year he observed the headlights on
| other cars of the defendant at different
| times under different conditions, and
/ that they gave better light and showed
/ further on the tracks than did the one
! in question on the night of the accident
! Held, preJudicial error. Order reversed.
! Start, J.
John Willoughby and H. Willoughby, CO.
partners as Willoughby Bros, plant
ifs, VS.. st. Paul German Insurance
Company ct al. defendants; S. G; Stall
Campbell ct al, appellants.
Action to enforce stockholders liability
One of the defendant stockholders who
appeared and answered, died testate,
pending the action. His executors set
tied his estate the residue thereof was
duly assigned to and delivered to the ap-
pellants herein as legatees and devisees
and the executors discharged without
having been substituted as defendan 8
herein. Thereafter the creditors prose
cutting this action learned for the first
time of the death of such defendant
Ihereupon the court, on their motion
and personal notice to appellants, made
herein IN place of the deceased defendant
as his representatives and successors in
interest Held, constituting G. S. 1894 g.
! 6l7l, that the court had power to make
such order and properly exercised it.
Order affirmed.
Start, c. J.
w. S. Conrad, appellant, VS.. D. Swanke
and Andy Clavin, copartners as Swanke
q Clavin, defendants; Andy Clavin, re-
Spondent.
Syllabus. notice of appeal from a
Judgment In a justice court signed bv
the defendants attorney as such is good
although neither the defendant nor his
attorney appeared in Justice court
z. Where a defendant in a Justice court
VINO rails to appear, and answer In such
court appeals to the district court he
is not entitled to answer in the latter
court as a matter of course He must
snow facts tending to excuse his default