The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-02-08

anton Linden, respondent, vs. Northern
racine Railway Company and Fred
Dampier, appellants.
l. In an action to recover damages for
personal Injuries alleged to have been
caused by the negligence of defendant,
the subStantiatiye charge of negligence
as disclosed by the allegations Of the
&C mpla1nt consisted in the conduct of
DEFENDANTS servants in permitting an
engine in their charge and under their
control, standing in close proximity to a
public street over which plaintiff was
driving with mis- horse and buggy, to
make noise by blowing off steam, which
frightened plaintiffs horse, causing
MIN to run away, in consequence of
which plaintiff was injured The jury
returned special verdicts, to the effect
that the engineer and fireman in charge
OF Such engine were not guilty Of negli-
gence With respect to the noises made by
II, but found a general verdict for plain
TIN based upon further special finding
that the conductor, of the train was gull
~ Of negligence in signaling plaintiff to
make the crossing when the engine was
standing in close proximity thereto.
Held, that as the conductor was not In
control of the engine; the finding of the
jury that he was guilty of negligence
which was the proximate cause of plain
titf's injury, is not sustained by the evil
dence within the allegations of the COM
paint, and as.-the jury expressly exon
Grated the engineer and fireman from
that charge, the general verdict for
plaintiff is unsupported and should have
been set aside. eE
2. The facts in this case do not bring
1t within the rule of Cruikshank VS..
ms. Co., rs Mimi, 266, in respect to the
right of a party to judgment notwith-
standing. the verdict of the jury, and a
new trial only can be granted. Order
reversed and new trial granted,
Brown, J.
Powers of County board.
State of Minnesota, plaintiff, VS.. Crooks
ton Lumber Company, defendant
]. The county board of equalization
possesses no authority or power to make
an original assessment of property for
taxation. It's duties are confined to the
equalization Of assessments made by the
township and other local assessors, and
the performances of such other ACTS as
are specially committed to it by statute.
2. The county auditor, as eX-offfcio
clerk of such board, is required by stat
ute to keep an accurate record of all it's
proceedings and orders, to cause the
same to be published in the official pa
per of the county, and to transmit a
auditor. Held, that a record made by
him in the performance of his duty in
definite and Advantageous language, can
not, in a collateral proceeding, be i'm
peached or contradicted by oral evidence,
nor, where silent with reference to any
order made or proceeding had, be sup
Brown, J.
Question for Jury.
Anna @. Larson, respondent, VS. Mime
apolis &. st. Louis Railroad company,
appellant,
In an action by a passenger on a rail-
way train for damages on account of
personal injuries sustained while at
tempting to afight from the car. held:
That it was a question of fact for the
jury whether the defendant was guilty
OF negligence in announcing the station
and opening the car doors, and then
Immediately stopping the train at
railway crossing without warning the
premises was also one of fact for the
the first stop would be at the crossing
and further that the questions Of the
plaintiffs contrfbutory negligence in the
premises was also one of fact for the
jury Order and judgment affirmed.
Start, T.