The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-12-05
ANOTHER LAW n. G.
The Supreme Court Makes an I'm
portant Decision Bearing on
, Civil Actions.
A Liquor Salesman Finds That It
Is Illegal to Give Away
ISx Whisky.

Another 1901 law was knocked ont h,
the supreme court this morning, in de
Gliding a case appealed from the st. Pau
municipal court. Julius Cabanne Sc
cured q judgment against William Ora
through the latter's ST. Paul agent
without attaching any of his property
This was under the provisions Of chapter
2'S OF the 1901 laws. On an appeal, the
court holds this law to be in conflict with
the doctrine of property rights as laC
down In the federal constitutions. The
de1endant was entitled to personal service
before Judgment could be secured
against him. unless Judgment was en-
forced on his property by process Of law.
The syllabus says.
Julius Cabanne, respondent vs. William Graf
appellant
So much OF Laws 1901 chapter. 27s. as pro
vides for the service of the summons In a per
sonaI action against natural person who is
SltiIen OF another state. but carries on business
ness, without seizure of his property by the
process process OF the court, Is unconstitutional.
Order reversed. Start, G. J.,
Must Not Give 1t Away.
Henry Krebs, a salesman for a st. Paul
liquor house, gave a drink of liquor to
Mike Fielder Of Perham, to induce him to
buy some whisky. The village marshal
arrested Krebe and was fined, but got
writ Of habeas corpus. The supreme
court holds that although Kiebs employ
ers had a license, that did not give him
the right to give away liquor in all parts
OF the state as an inducement to trade.
re ls held to the grand jury. The syl-
labus says:
State ex rel Henry Krebs relator, vs. Frank
zones. village marshal of Perham. respondent
,,, Where the Prevailing agent of licensed retail
SSiquor oealer. travelling through the country So
place. ,S.! makes gift Of Quantity Of Wis ky to
such act is in violation of section 2O25. Genera
Statutes 1894, which prohibits the giving away
Of intoxicating liquors without a license
Relator remanded. Lovely T.
Contract Included Insurance.
Earl D W.Beardsley must stand a fine
Tor soliciting unauthorized insurance. He
was agent in st. Paul for a home build
ing association, which had intits contra ct
q clause giving certain benefits in case OF
death He was prosecuted by the insur-
ance commissioner, and fined $50. but ap-
pealed. The syllabus says:
state OF Minnesota, respondent, vs.. Earl D.
Beardsley, appellant. =
Ftrst.A certain contract construed and held,
found in General Laws ise5, Chapter IT, sn''0nS
Second-rhe real character Of such contract
concealed changed by the use or absence Of os
words In the contract itself. It is imma terial
pps.s such does not its face
n ns or individuals doing insurance bust
chapter 1I6; supra. and. with their agents. must
comply with the law requiring them to procure
licenses to transact business f'o
fourth-Certain assignments of error in refer
enes 10 rulings Of the court at the trial consid-
cred and disposed of.
Judgment affirmed. Collins. +
r. Sage Gets Farm.
Russell Sage wins back one eighty-acre
tract. IN Swift county, in case in which
the lower court Is reversed. The plaIntiff
settler, claimed adverse possession, but
the supreme court holds that he did not
claim the tract in question, and did not
establish adverse possession. The sylla-
bus says:
George 9. Glover: respondent. vs. Russell Sage,
as assignee In trust Of the Hastings & Dakota
Evidence considered and 1t is held that the
the defendant, the fee owner Of the land in
SSo cont notwithstanding the verdict Of the
had been In adverse possession for more than
hfteen years prior to the commencement of this
Order reversed. j.. Collins. 7.
Receivers Damages.
Peter M. Laurltsen is secured in ver
dict of s1,066 against the American Bridge
company. for the negligence of the COM
pany's employees in not providing a safe
scaffolding. 1t was being used for work
on the Electric Steel Elevator company's
building In Minneapolis, but the ropes
were loosened and Lauritsen fell. The
syllabus says:
Peter NJ. Lauritsen, respondent. v.. Amer,c.n
First-Where the owner Of movable SCAT
s Of Tor d OF 1 mp S in
actively Interfere With or Change sGt it's as
one who is occupying it by lis permission u
second-The duty imposed upon the owner
licensed to use the same is properly defined
as ordinary care and should be Commensurate
with noI the risk Of the situation, such care
as persons or ordinary prudence would display
TO others under the same similar circum-
stances.
Third-Evidence in this case considered and
held that it was a question Of fact for the
jury to determine whether owner of scat
or h on @ to
purposes had been guilty Of negligence in
,",nns the by Of which
was injured. Order affirmed. Lovely, J.
Gets Large Verdict.
VIM. Chittick. a 500 brakeman injured
in coupling cars in the Minnea polls Yards
secures a. verdict Of se,75O. which is sus-
tanned by the supreme court. Negligence
was proved against the railroad company
consisting Of leaving a pile of cinders and
ashes on the track. causing Chittick to
stumble and fall, losing his hand The
verdict was secured in Ramsey county
The syllabus: f. ~. >
william Chittick. respondent. vs. MINNEAPOLIS
ST. Paul & Saut Ste. Marie Railway Company
appellant.
In this action. to recover damages for the
loss Of his hand sustained by the plaintiff in
attempting to adjust the coupler on moving
Car. 1t Is held. that the evidence Is sufficient
to sustain the finding of the jury to the effect
that the defendant was guilty of negligence in
theqprsmises and that the plaintiff was not. Or
Other decisions We're handed down to-
day as follows:
= Clay County.
Clay County Land Company. plaintiff. vs. Henry
G. AlcoS ct al, defendants and Henry G.