The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-01-17
Bow Was Negligent.

boy was Negligent.
Leo Fezler. a 1O-year- old boy of Rus
sell, Lyon county, raced with freight
train, and stumbling, fell beneath and lost
his foot. His father sued and secured
damages, but the supreme court orders
the verdict set aside on the ground OF
contributory negligence, holding
Philip w. Fezler respondent, vs. W1llmar e
Sioux Falls Railway Company, appellant
A boy 10 years and months old entered
upon appellants right Of way. which was not
fenced, and walked on the railroad track.
Seeing a freight train approach. he stepped
aside, and when about half of it had passed,
ran along beside it, in path at the ends of
the ties, trying to keep up with the train.
He stubbed his foot against one OF the ties
and fell, one foot being caught under the
car Wheel causing the injury sued for.
Held F1rst-That the absence Of the fence
was not the prcXimate cause OF the injury.
Second-That the boy was guilty Of con-
tributory negligence. Order reversed
Lewis, J.
Other decisions filed to-day were as fol-
lows:
Itasca County.
George T. Robinson and Lavina Robinson, ap-
pellants, vs.. John P. Sims, respondent. "
First-Where principal intrusts an agent
with definite sum OF money for the purpose
of making a loan to third person known to
such principal, the latter is responsible for
the agents unlawful exactions In violation
of the usury laws and is legally charged with
knowledge of the conduct of such agent in
making the loan.
Second-Upon the findings of the trial court
in this case it Is held that they do not
support the conclusions Of law and that new
trial must be ordered for that reason. Re-
yersed and new trial granted. .-
Lovely, J.
Stearns County. 4
Christ j. Miller, respondent, vs. the Great
Northern Railway Company, appellant.
Facts in An action for personal injuries
resulting from the failure Of the master TO
furnish a safe and proper instrumentality for
his servants use in the construction Of \
bridge, whereby such servant was injured,
considered and held, upon the evidence, that
the Jury were justified in finding that the
master had been negligent in his duty in that
respect Ord er affirmed. Lovely, j.
St. Paul Municipal Court.
William H. Flanagan, appellant, VS.. Benja.
min A. Pomeroy, respondent.
First-In an issue of fact tried by the court
where, under section 4219, G. S. 1894, the bur
den is imposed upon the purchaser Of person
al property unaocompanied by an actual and
continued change of possession to show hi:
good faith, finding by the trial court of the
bona fdes of such purchaser is necessary tt
uphold his title in that respect as against {
subsequent innocent purchaser from the orig
inal owner
Second-Where a vendor of personal prop
erty is allowed by the vendee to continue II
! possession Of the same after the sale SO as tt
| give the world colorado appearance Of con
| tinued ownership the rights OF subsequent
bona ade purchaser from the first owner wht
retains possession will be upheld.
| Third-Findings Of fact considered, ant
held supported by the evidence: also that thu
findings Of fact support the conclusions o
| law by the trial court.
Order affirmed. Lovely, ].
Polk County.
Martin Lally, respondent VS.. the Crookstol