The Saint Paul globe., 1903-02-14
Supreme Court Hands Down
a Batch of Decisions.
Great Northern Finally
Wins Personal Injury Suit
Brought by C. II. Sours-
Albert Lea College Gets
$2,500 Endowment.

ed down ten decisions, five of which
were reversals of the lower courts.
In the case of C. H. Sours VS.. The
Great Northern railroad, in which the
plaintiff sued for damages for per-
sona1 injuries, it is held that Sours
was guilty of contributory negligence
and not entitled to damages.
Sours. in his first trial in the Ram
sey district court, was awarded $10,-
600 damages. From this Judgment the
railroad company appealed to the SUI
preme court, which granted a new
trial. At the second trial a, verdict for
$500 was returned, and the railroad
again appealed and another new trial
was granted, in which a verdict was
directed for the defendant. This order
the supreme court upholdS.
The syllabus says
Held IN this, personal injury ac-
ton, that the trial court correctly di-
rected verdict for the defendant for
the reason that the evidence conclu-
sively established the contributory
negligence of the plaintiff. Order af-
frmed." Start, c. J.
In the case Of G. H. Craig, appellant,
VS.. Benedictine- Sisters Hospital AS
sociation, Duluth, the supreme court
granted a new trial, justices Collins
and Brown dissenting.
Leslie j. Craig, a ten-year- boy,
and patient, was riding in the ele-
Vator of the hospital and stepping out
OF the cage on the fourth floor fell
down the shaft and was killed. The
father sued and lost In the lower court,
and appealed the case. Justice Collins
and, Brown thought that 'corftributory
negligence was proved, but the rest of
the the court thought it matter for
jury to decide. The last paragraph of
the syllabus says:
"a oIao
the subject of the contributory negli-
gence of plaintiffs intestate, "If de-
ceased was negligent in any degree,
even the slightest, and his negligence
contributed in the slightest degree 10
his death. then plaintiff cannot re-
cover" held erroneous. The question
of contributory negligence in any case
of this kind is to be determined by the
rule of ordinary care and prudence.
Order reversed and new trial granted"
Policy Was Not Void.
The supreme court held that an
amendment made in the bylaws of
the Royal Arcanum society," to the eff
rect that if a member became a brake
man he forfeited his membership was
unreasonable and void as to pre-ex-
listing members. This was the case of
Elizabeth Tebo, appellant, against the
supreme council of the RoyaI Ar
court overrules the Ramsey county
district court decision declaring the
policy void and grants a new trial.
Mrs. Tebo sued to recover on a 81 600
policy held by her son.
The syllabus by Chief Justice Start
is as follows:
THE plaintiff is the beneficiary named
IN a benefit certificate issued by the de-
fendant to the insured, her son. When
n ne became member of the order he
agreed. by his application and certificate
to be bound by its rules and regulations
then existing and those thereafter to be
enacted. When he accepted his certifi-
cate he had the right to engage in the
occupation Of freight brakeman. There
after the defendant amended its bylaws
TO the effect that if any member should
+hner tin,e u upon or pc engaged in the occupa-
thereby forfeit his membership and cer-
tificate. No provision was made for no
nee nee OF the change to pre-eXisting mem
DerS, and the insured never had any no.
tlce thereof, and after 1t went into effect
ne ne, became a freight brakemKn and was
,afs Killed In IN, the discharge of his duties as
such. This is an action upon the certifi-
cate. Held, following Thibet VS.. KNIGHTS
of Honor. IS MINI. 446, that the amend
ment was unreasonable, and void as to
trial granted. .
1t Was LandIady's Fault.
In the case of Matilda L. Skogland VS..
the st. Paul Gas Light Company it was
5i neld the company was not guilty of neg
llgehce n@ nee IN the matter of the turning off
in Which the appellant was rooning while
repairs by the company were in pro-
gress, and by which she suffered in
health. The syllabus states:
First having reduced the gas pres
sure in pipes supplying a private board
ing house, a representative of the gas
company was sent in response to a notice
OF the fact, and upon his arrival notified
the landlady that it would be necessary
to turn off the gas while making repairs
Inc landlady, with the assistance of a
boarder, attempted to turn off the ga
jets throughout the house, but the room
occupied by the appellant was overlook
ed. and she had no notice of the fact that
the gas was turned off, and having fall
en- asleep while the gas was lighted. was
injured by inhaling the escaping gas when
1t was turned on again. Held the gas
company eo,1ip was not guilty of negligence in
would be turned of, or in failing to see
that all of the gas Jets in the house were
turned off when the gas was turned on
In the case of Albert Lea College
against the estate of H. D. Brown, de-
ceased. who made a contribution of 81, 500
and died before the payment of the sum-
1T is held-that the fact of death upon
the part of the donor did not inyaIidate
the promlssory note given by him, and
that the note is enforceable against the
estate.
Other decisions We're rendered as fol-
lows:
BENJAMIN F. Nelson and S. q. Tuthin and
Tuthill Lumber Company, appellants
vs.. Charles Betcher Lumber Company,
respondent.
Order affirmed. Brown. J.
George W. Womack. appellant. VS.. H. H.