The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-04-18
JNO. BLAKE'S TAXES
The Supreme Court Disposes Of an
Ancient Case.
ACTION DUE TO GRADE CHANGES
BIake's Allegation of Irregulnrity
Does Not Release Him From
Payment.

The supreme court to-day disposed of
the last objection made by John Blake,
owner of considerable property in North
east Minneapolis, to the payment Of his
taxes, by an order sustaining the trial
court and holding that the point he made
against the validity of the special assess
ments could not hold. Some of Blake's
property was affected by the change Of
grade of Central avenue by the construc-
ton of the two bridges over the Great
Northern railway tracks and he alleged
certain irregularities in the report Of the
commissioners appointed to assess the
damages and benefits as an excuse for re-
fuslng to pay taxes on the property in
question. The case has been in the
courts for several years. The syllabus is
as follows
First-By the charter Of the city of Minne-
apolis authority is given to the common coun-
ell to change the grade of a street, after it
has been established, by two-thrds vote OF
Its members: the damages caused to property
owners thereby to be awarded and the
amount of such damages to be assessed upon
benefited lands and property by commission
ers. 1t is also provided, that no omission,
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 16, as to the form or manner of any
of the proceedings 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 there
by. il" ~.
Second-In the case at ba, it stands adj
mitted that in changing the grade on Central
avenue III said city, at two points thereon,
arat prI III ron G hri1 md
the necessary approaches thereto over GER
tain railroad crossings, all of the steps pre-
liminary to the assessment of damages and
award of benefits were Independent, regular
and complete; but, matter of fact only
one report was made to the council by the
commissioners, who were the same persons
in both instances and but one award OF
benefits and assessments of damages was filed
in said report. The identity of each award
and assessment was maintained by means of
separate Numbering for each proceeding The
assessment roll was thereafter adopted by
the council. Held, that this informality, ir-
regularity OF variance in the proceedings of
a single report, instead of two, did not
affect this objector's rights, or injure him in
any manner, and did not affect the validity of
the spec;a! assessments of which he COM
plains, Affirmed 0..,.s Collins J.
Other decisions were as follows:
Martin Weiser, respondent, VS.. the City OF
St Paul, appellant. 81
The person injured by falling into an un-
protected ravine along public highway,
within the limits of the city of St. Paul,
served notice upon the city council, as pro-
vided by the laws of 1897, chapter 1873, pleaded
that fact in the complaint and the service
OF such notice was admitted in the answer of
the city Isl ,.I F. -.
a Ct
darages. Upon motion by defendant for
judgment, Notwithstanding the verdict the
court granted a new trial upon the question
of notice only, and that issue was tried by
thu court Findings upon that question hav-
ing, been filed by the court. judgment was
ordered for defendant notwithstanding the
verdict, upon the ground that the notice was
Insufficient. This order was filed and notice
served upon the plaintiff, but no judgment ir
pursuance thereof was ever entered. "
More than one year thereafter plaintiff
upon an order to show cause, obtained orders
vaeating the previous order for Judgment
requiring hearing de novo, and finally
denying the motion absolutely This action O.
the court was presumably induced by the
decision in Nicol " City of st. Paul, 80 MINI
Ais, which had been published in the mean
time, and which held the notice admitted by
the answer to be sufficient
beng appealable, and no judgment having
been entered thereon, the court had jurisdic
ton to vacate modify it: ,...
SecOnd-If it was error to order new tria
or the separate issue of notice, it was error
without prejudice. '.'.' ''
Held, also, that the verdict was justified b!
the evidence. Order affirmed Lewis, j.
J. l. Case Threshing Machine Company, ap
~lIo ,1D 1Nfft o1,1 nhnr
Wilson, respondents.
First-No error can be assigned for tn
failure to instruct a jury as to the sufi
cheney of evidence, in the absence of reques
to that effect.
Second-Where the motion for a new tria
is based upon more than one ground, assign
ments of error must specify the particula
error relied upon
Third--Where the motion for a new tria
is made and determined upon the minutes Q
the court, the court is not required to en-
tertain and determine the motion, de move
upon a settled case. Order affirmed.
William O. Morz, appellant, VS.. the Chicag
& North Western Railway Company, re
spondent'
First-Where property is in the hands of
common carrier and possession thereof Is de
manded by a stranger to the bill of ladine
prior to actual shipment and under clair
of ownership, the carrier, having reasonabl
doubt as to which party is entitled to pos
session and acting in good faith, may have
reasonable time in which to investigate tn
claims of the respective parties, and for thi
purpose may delay immediate shipment.
Second-What is reasonable time for in
vestigation is ordinarily question for tn
jury and depends upon the circumstances
The question of good faith on the part {
the carrier is also one for the jury, ordj
narily. .a.
Third--It is a sufficient, defense in an &C
ton for conversion brought against commo
carrier, to prove that there has been seizu1
of the property under legal process, but tn
burden Of proof is upon such carrier to sho