The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-07
SUIT Won BY GUDAHYS
YOUNG BOY SOUGHT TO RECOVER
DAMAGES FOR SEVERAL
FINGERS
CIRCUIT COURT OF APPEALS
Several Interesting Cases to Be
Taken Up i'm May Term Which
Opened Here Yes
terday.
CIRCUIT COURT OF APPEALS

The May term of the United States
circuit court of appeals for the Eighth
circuit was opened yesterday. One Of
the most Interesting cases to come up
was that the Cudahy Packing company
against Frank Marcan, having secured
a judgment against the packing COM
pany, the case came up in error to the
circuit court of the United States for the
district of Nebraska. Circuit Judge San
born reversed the judgment Whereupon
the case came to the United States cir
cult court of appeals. The petition Of
the defendant in error was yesterday
denied.
From the original complaint it ap-
pears that the suit was brought to re-
cover damages for the loss of plaintiff
fingers on his left hand He was a mi
nor, seventeen years of age, and was en-
ployed in the same manner as an adult
would be, to-run hashing machine. In
this work he was obliged to stand on
small block One day the block slipped.
throwing plaintiff forward and causing
the injury. Plaintiff claimed that the
floor in the packing establishment was
not clean, that it was slippery and dan
gerous at all times and that defendant
should have taken proper care for the
safety of his employees. Judge Sanborn,
in his ruling, said that the plaintiff in
the original suit had every chance to
HOl6 The OF Un6 HOOr anu lie
knew all the time that he was in danger
It was his duty to object to the condi-
lions existing around MIN, and if he
worked, as he claimed he did, knowing
the exact condition of things around
him, he could not recover Pla ntiff, ac-
cording to his ruling, had chance to
avoid the accident and he took no meas
ureS to do So
The case of The Sperry Manufacturing
pany was argued and submitted. The
papers in the case show that an action
was brought in equity by the manufac-
turing company against The ]. L. Owens
Company of Minneapolis for infringe
ment of letters patent on a grain clean
ing and separating machine.
The defendant denies infringement and
sets up a number of prior patents which
he alleged anticipates compliments in
vention. Judge Lochren. in October,
1899. filed a decision holding that the
Sperry patent is but combination of
old appliances and void for lack of in
vention.
In the case of Josephine NJ. Smith
against st. Paul, leave was yesterday
granted the defendant in error to file
an appendix to the brief on merits. Fol-
lowing is the list of cases coming up
yesterday:
Opinion announced-Hano0er National
Bank, Plaintiff in Error, VS.. First Ma
tional Bank of Burlingame, Kansas
Error to United States circuit court. dis
trict of Kansas. Reversed with costs
and remanded for new trial. Opinion by
Sanborn, circuit judge. Caldwell, circuit
judge, dissenting.
yer Consolidated Tramway Company, ct
al. Appeal from United States Circuit
court, district of Colorado Continued by
stipulation to December term, 1901.
Frank w StuDhS VS.@IIniteF1 States IF
America. Error to United States distr ct
court, district of Colorado. Submitted on
Security Mutual Life Insurance Com
pany VS.. Bertha c. Webb ct al Error
to United States circuit court, district OF
Colorado. Petition of defendants in err
ror for rehearing denied.
Memphis Savings Bank ct al. VS.. Nellie
Houchens. Appeal from United States
circuit court, eastern district of ArGan-
sas. Passed and reset for June 4, after
cases now assigned for that day.
George Stout ct al VS.. Alice H. Rigney.
Appeal from United States circuit court,
western district of Missouri. Petition of
appellee for rehearing denied.
Marcan: Error to United States circuit
court. district of Nebraska. Petition of
denied
Josephine M Smith VS.. City of st.
Paul Error to United States circuit
granted defendant in error to file APP
pendix to brief on merits
John B. Fairgrieve ct al. VS.. Marine
Insurance Company, etc. Appeal from
United States district court, district of
Minnesota. Motion of appellants for
leaYe to take additional testimony ne
MED
Arthur c. Paine ct al. VS.. Massachu-
setts Loan and Trust Company, ct al.
Appeal from United States circuit court,
western district of Missouri Motion to
dismiss appeal passed until tomorrow.
Sperry Manufacturing Company VS. 7.
L, Owens Company. Appeal from United
States circuit court, district of Mime
sofa. Argued and submitted
GLADDEN. Lumber Company VS.. r. A.
Gladney. Appeal from United States
circuit court, eastern district of Arkan-
sas. Dismissed with costs for want of
prosecution
Nugget Mining & Milling COMPANY VS..
Doctor and Chief Mining Milling e
Leasing Company. Appeal from United
states circuit court, district of Colorado
ordered that unless the parties make
application to argue case on or before
June !, 1901, the cause is to stand dis
missed
Hoover, Owens & Rentschler Companv
vs.. John Featherstone's Sons ct al ana
HooYen, Owens & Rensselaer, Company
VS.. John Featherstone' Sons ct al Er-
Tor to and appeal from United States cir
cult court. western district of Missouri
Argument commenced and further argn-
ment postponed until tomorrow morning
WIFE'S SAD EXPERIENCE.