The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-01
LOWER COURTS MEET
MANY REV[RSESIH
THE HIGHER BODY
April Term of Supreme Tribunal
just Closed Notable for Inn.
portant Decisions-The Great
Northern Wins an Appeal.


After having twice secured YER
dict in his favor In the district court
Anton Schmidt. is debarred by the SUI
from the Great Northern road for per-
sonal injuries.
While Mr.. Schmidt was driving
across the tracks of the Great North
.ern at grade crossing in Osseo,
Anoka county, his buggy was struck
by a train and overturned and he was
thrown to- the ground and seriously
injured. He brought suit against the
company for damages of $4,000 and
on the first trial secured a verdict of
$4,000 The company then appealed
and the supreme court ordered a new
trial which resulted in a verdict of
$4,000 for the plaintiff. Again the
company appealed to the supreme
court, and yesterday per curiam de-
cision was handed down in which the
order of the trial court is reversed and
judgment is ordered for the defendant,
on the ground that the evidence
throughout conclusively showed con-
tributory negligence on the part of the
plaintiff.
Opinion of Court.
In it's opinion in this case the court
says in part:
"On the former review we consid-
cred the cause thoroughly upon the
record and held upon the facts dis
closed therein that the collision be-
tween the defendants passenger train
and plaintiffs carriage might have
been avoided by the exercise of ordi-
nary care by the driver who seeks
in a nd haf
the latter in going upon the crossing
must have failed to look and listen
for the approaching train which was
plainly observable if he had done so
before he passed in front Of it.
The evidence upon the last trial SO
far as the physical facts are concerned
does not differ in material respects
from that contained in the settled case
now before us. In some respects the
case made by the defendant is stronger
than before to show plaintiffs lack in
observing the ordinary precautions
which the law requires from persons
approaching railway grade crossing
on the highway
I'VE have given to the discussion of
the merits presented by the briefs and
arguments attentive consideration but
they have not overcome the controlling
and decisive facts which we there held
established plaintiffs eontributory
negligence, and we are satisfied that
the result of second trial requires us
to hold that the statements made by
the plaintiff that he did look and listen
are conclusively met and overcome by
the physical facts which seem to be
self-evident and conclusive.
1t does not appear to be possible
that another trial of this cause is re-
quired or that any further evidence
can add to or detract from the result
we were compelled to adopt
1t is therefore directed that the
order of the trial court be reversed and
judgment ordered for defendant
Record of the Term.
This decision completes the work of
the April term of the court, which is
remarkable from the large proportion
of the cases on the calendar which
have been reversed. There were on
the calendar 176 cases, of which sixty
three cases, Of thirty-six per cent re-
suited in reyerSals of the judgment Of
the trial court.
The one case of this term that was of
greatest public interest was that of
Fred Ames, former chief of police in
Minneapolis, for whom the decree of
the court meant term in the peni-
tertiary. A civil case of much impor-
lance was the beet sugar case, and
the Columbia and Clearwater county
seat cases also commanded much in
terest. The Gallehugh murder case
from Minneapolis, and the case which
resulted in a decision declaring the
inheritance tax law to be unconstitu-
tional were among the important ones.
From Ramsey county there were
thirty cases and in fourteen of them
the supreme court reversed the jude
ment of the lower court.