The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-19
WEISER BEATS CITY
Supreme Court Upholds Yer
dict of $1,000 for Per-
sonal Injuries
SIX CASES ARE DECIDED
Lower Court Upheld in Five Cases
Admission of Uncertified Judg-
ment Held Revers-
ibIe Error.
SIX CASES ARE DECIDED


great importance, were handed down yes
terday by the state supreme court. Jus
tice Lewis affirmed the decision of Judge
Otis, of the Ramsey county circuit court,
in the case Of Martin WeiSer against the
city of ST. Paul On the night of August
g. 1898, Weiser, while walking along Page
street, near Brown avenue, fell into a
deep ravine, the bridge and approaches
to which had been washed away, and
broke his jaw and arm. Upon the trial
in the district court the jury gave Wei
ser verdict of $1,000 Upon a motion of
the defendant new trial was granted
on the ground that the notice given was
insufficient. Judgment, however, was new
err entered. More than year later
Weiser had the case reopened and the or
der for judgment vacated. The court
upholds the decision of the lower court
and the verdict for the plaintiff, the city
losing on every contention. 1t holds that
the district court had jurisdiction to va
cate the order as judgment was never
entered. 1t is further held that the YER
dict of $1,000 against the city was justi-
fed by the evidence.
Justice Collins Affirmed an order of the
Hennepin county district court, confirm
ing an assessment against the property
of John Blake. Blake contested payment
alleging invalidity of the special assess
the Great Northern tracks on Central
avenue, Minneapolis. He alleged certain
irregularities in the report Of the COM
missioners appointed to assess damages
and benefits, as an excuse for refusing to
pay taxes on the property in question.
The case has been in court for several
years.
The order of the Brown county court
is reversed and a new trial granted in
nf
Chicago & Northwestern Railway COM
pany, appellant. Merz wanted $1,915 from
the company, $3.50 representing the value
of some cattle which the company failed
to deliver at Monticello and the remainder
being damages and costs.
Merz bought thirteen head of blooded
cattle of Nils o. Lind, Rolfe, Iowa, at an
auction sale, and gave a note in part pay
ment. Merz delivered the cattle at the
railroad yards in Rolfe and arranged for
their shipment to this state, coming on in
advance as far as Elmore There he
found that Lind had replevined the cattle
and they had been returned to him by
the railroad agent. Lind, it seems, had
decided. after Merz left. to keep the cat
tie.
After the trial in the court below, the
court accepted what purported to be a
copy of a judgment issued by the Iowa
supreme court holds that its acceptance
as evidence was reversible error.
Syllabi:
Justified by Evidence.
Martin Weiser, respondent VS.. The City
of ST. Paul, appellant.
The person injured by falling into an
unprotected ravne along a public high
way, within the limits of the city O. St
I'aul. served notice upon the city coun-
Gill; as provided by the laws of 1897, CHAP
ter 2S4, pleaded that fact in the complaint
and the service of such notice was ad-
ntted in the answer of the city.
At the trial plaintiff secured a verdict
tor damages. Upon a motion by de-
PENDANT for judgment Notwithstanding
the verdict, the court granted new
trial upon the question of notice only,
and that issue was tried by the court
Findings upon the question having been
for defendant Notwithstanding the YER
dict, upon the ground that the notice was
insufficient. This order was filed and no.
tice served upon the plaintiff. but no
Judgment in pursuance thereof was ever
entered.
More than one year thereafter plaintiff,
upon an order to show cause, obtained
orders vacating the previous order for
Judgment, requiring a hearing de noVo,
and finally denying the motion absolute
ly. This action of the court was pre-
sumably induced by the decision in Nicol
VS. b,o City ya Of St St; Paul 50 MINI, as
"
time, and which held the notice admitted
by the answer to be sufficient.
Held:
l. The order for judgment not being
been entered thereon, the court had Jur-
isdiction to vacate or modify it.
II 1T was error to order. new trial
on the separate issue of notice it was
error without prejudice.
Held also, that the verdict was justified
by the evidence. Order affirmed.
Lewis, j.
Assessment Was Valid.
In re proceedings to enforce payment
OF taxes delinquent on real estate in
Hennepin county. State of Minnesota,
plaintiff, VS.: John Blake, owner of GER
tain real estate, defendant.
l. By the charter of the city of Mime
apolis authority is given to the common
council to change the grade of a street.
after it has once been established, by
two thirds vote of it's members; the
damages caused to property owners
thereby to be awarded and the amount
of such damages to be assessed upon ben
Gifted lands and property by commission
ers. 1t is also provided, that no omis-
sion, informality or irregularity in, or
preliminary to, the making of any special
assessment shall affect the validity of
the same, and that no variance from the
directions contained in section is as to
the form or manner of any of the pro-
ceedingS where the assessment roll has
been adopted by the council shall be
held material, unless it be clearly shown
that the party Directing was materially
injured thereby.
2. In the case at bar it stands admitted
that in changing the grade on Central
avenue in said city. at two points there
bridges and the necessary approaches
thereto over certain railroad cross. ngs, /
of the steps preliminary to the assess
ment of damages and award of benefits