The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-20

Was Proper One for SuDm1s-
sion to the Jury-SeveraI Other
Decisions.
In a personal injury suit brought by
Louis Nutzmann, former employe of the
Germania Life Insurance company, as
owners of the Germania Life building,
for injuries received in getting out of an
elevator operated by fellow employee,
the court reverses the decision Of the
Ramsey county court.
The syllabus Is as follows:
Louis Nutzmann. appellant, VS.. Germania
Life Insurance Company of New York,
respondent
Syllabus. If a master has failed to
exercise ordinary or reasonable care in
the selection of his servants, in conse-
quence of which he has in his employ a
servant who, by. reason OF habitual
drunkenness, negligence or other vicious
habits, or by reasonof wa mt Of the
requisite skill to discharge the duties
which he is employed to perform, or for
in which he is engaged, and If. in conse-
Quence of such untitness, an injury hap
pens to another servant the master must
answer for the damages suffered by. such
servant, unless the person injured had
notice of the incOmpetency or had equal
opportunities with the employer to obtain
notice.
e. In an action brought by servant
against the owner of building to recover
for injuries alleged TO have been caused
by the negligence and unskillfulness of
fellow servant while operating an eleva-
tor, 1t Is held that on the evidence the
question as to the exercise by the master
of ordinary and reasonable care when Sc
lecting the servant whose negligence
caused the injuries was for the jury
g. The manner of operating a hydraulic
pressure elevator, and the training, skill
and experience needed by the operator is
not matter of such common knowledge
as to preclude the giving Of expert teS-
timony on the subject.
Order reversed and a new trial granted.
Collins, ].
Charles J. Ferch, appellant, VS.. julius
Benne ct al. respondents.
l. In an action brought under the pro-
visions Of General Statutes 1894, section
6S23 ct seq, 1t is held that the evidence
was sufficient to support the finding of
the court as to the original location of a
certain government corner between two
sections, the evidence of which location
by the surveyors had been obliterated.
q A survey made for the purpose Of
establishing lost corners on standard
parallel or correction line may be reject
ed In part because made under a mistake
of fact as to the existence and location
of certain corner section, and yet be
adopted by the court in so far as 1t was
not controlled by such mistake.
g. By actual measurement the length of
certain sections from 80 to So, inclusive,
lying north of this parallel line, was found
to be so chains each. as by law required,
and also as stated in the government field
notes. The standard corners on this line
at the southwest corner of section 80 and
the southwest corner of section SO were
fixed and established.
Held, that the rule which requires the
survey of IA line between two standard
and fixed corners for the purpose OF To-
eating an intermediate lost corner. and
Inc of or11 uyb{ nIn
is discovered by means of such survey,
has no application in such case, and
no survey is necessary.
4. In such case. there being no sur
plus to distribute, the actual location Of
a lost closing corner between two sec
tons lying south Of the standard paral-
lei is TO be determined by measuring east
or west as the case may be, from the
nearest standard corner the distance
shown by the government field notes.
These notes and the original plats con-
troll in such cases.
s. The trial court fixed and established
lost closing corner at certain specified
distance west of an established section
corner: On the evidence In this case held
correct. Judgment affirmed
]. Thompson & Sons Mfg. Co., respond
.ents, VS.. c. ]. Ferch and e. F. Ferch.
i. The right of defendant to offer
that judgment may be taken and enter
ed against him in a pending action Is
state in actions brought in justices court
by G. 8. 1894, sec. 1876, and in actions
pending in district court by sec. 54o5. ;,
cable or of any ny for re in actions brought
in municipal courts established In ac-
cordance with the terms of l.. 1895, chap.
229.
of Judgment on the ground that the
Judge of a district court erred when, on
appeal from the clerks taxation of costs
and disbursements, he held that hat. a de,
disbursements under the last clause of
Sec 5511, g. s. 1894, it must be clearly
made to appear from the record that the
amount originally recovered from the
plaintiff was reduced more than one-half
on appeal to the district court, or that
the defendant was the successful party
on the only matter lit1gated In the action:
a case down for oral argument. in disre-
gard of rule Is, statutory costs will not
be allowed to the prevailing party. Judg-
ment affirmed Collins, j.
Lammert Gordes and Katie Gordes, re,
spondents, vs.. Sarah M, Durham. as
executrix Of the last will of Burton A.
Burnham, deceased. appellant.
Syllabus-1n an action brought to re-
strain the foreclosure Of a real estate
mortgage under. a power. on the ground
thai. a part Of the money. for which the
was given, had not been paid over by the
mortgagec to the mortgagors, and to
compel an accounting between the parties
as to the amount actually due it is held
that the facts as found by the trial court
were supported by the evidence, and that
they warranted the conclusion of law
based thereon. Judgment affirmed.
Collins, J.
Nichols & Shepard Company, appellant,
VS. Ward Snyder, respondent
Syllabus-The contract of an infant is
simply voidable, and. In law, there Is a
marked distinction between his executed
| contract and his contract merely execu-
tory. AS to the latter. he may always
interpose his infancy as a defense In an
| action for it's enforcement and he is not
bound by such contract unless he has
affirmed or ratified it after be has arriv-
ed at maturity by some sufficient act or
| deed. Order affirmed. Collins, J.
BIG vERDICTs SEALED.