The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-06-06
stubborness of Faribault
County Lawyerin Unneces-
sarily Appealing Case
Brings Upon Him Rebuke
ofState's Highest Tribunal
$4,000 Verdict Against
Street Railway Sustained.

reversing the order OF the tr1aI court,
makes it plainly understood in forcl-
BILE English that the attorney is not
supported by this court in his stub
bornness which made the appeal nee
eSSary.
The attorney upon whom the disap-
prevail of the court falls is Mr.. Bah
cock, of Elmore, and the case is that
of w. ]. Cordill, appellant, VS.. Min
neSOta Elevator Company, respondent.
The appeal came of a bubble over
wording of the complaint in the case,
which merely alleged that the defend
ant had converted to his own use LAG
bushels of wheat Of the value of $84
and rightfully the property of the
plaintiff" and the defendant demurred
to the complaint as insufficient on the
ground that it did not state the act
of conversion to be wrongful and un-
lawful"
Judge Quinn, OF the district court in
which the case was tried, suggested an
amendment of the complaint as the
simplest way out of the difficulty, but
the attorney refused to move for leave
to amend and declared that he would
stand on the complaint as it was. Judge
Quinn decided against the complaint,
and an appeal was taken. The SUI
preme court, in reversing the order of
Judge Quinn, says:
'First-It is not necessary in an ac-
ton in trover or conversion to allege
in the complaint that the property was
'wrongfully' or 'unlawfully' converted.
The allegation that it was converted
implies wrongful act.
Attorney Is Scored.
"Second-Counsel will not be encour-
aged by this court in stubborn efforts
through an appeal to demonstrate to
the trial court that ruling made by
it upon some trif1ing and unimportant
question of pleading or practice was
erroneous. Rulings of that court should
be conformed to by proper amendments
where such are permissible"
Lawyers should conform to rulings
of the court SO far as duty to clients
will permit" says the supreme court.
Rulings on informal matters of plead
ing and practice should be remedied
by amendment and not by appeal to
this court Trial courts are often con-
fronted with unimportant questions of
pleadingS where no opportunity is had
for an examination of authorities, and
rulings must be made on the moment,
and it is not at all surprising that they
sometimes err. If counsel are to be en-
couraged in their efforts to demon
strate such error by appeal to this
court the merits of controversies will
be lost sight of, immaterial matters
magnified and litigation Unnecessarily
prolonged, Counsel for plaintiff should
have asked leave to amend his COM
plant, which would have been granted,
and this appeal avoided. This he failed
to do. For these reasons no statutory
costs will be allowed appellant in this
court
Verdict Is Sustained.
The court uphoids the verdict of
way company in favor of little Harriet
Hunt, who was injured while boarding a
car at the corner of Seventh and Wa
basha streets. The child, aged ten
years, was getting on the car in COM
pany with her mother, and the gates
closed upon her head, injuring her Sc
verely.
On the ground that the child's eye
sight and hearing were permanently
impaired by reason of the accident, her
father, w. E. Hunt, brought suit
against the street railway company
and secured a verdict of $4,000 on be-
half of his daughter and 81 900 for him.
self. Judge Kelly denied the defend
ants motion for new trial. The SUI
preme court holds that the damages
were not excessive and the opinion,
which is written by Justice Collins,
says:
l. Held, that the evidence in a per-
Sonal injury case as to the manner in
which the accident occurred was not so
inherently unreasonable and improbable
as to require the court below to grant
a new trial upon hearing an alternative
motion made by defendants counsel after
verdict in plaintiffs favor.
2. The jurors were justified in finding,
from the. evidence, that both the hearing
and eyesight of child, ten years of age,
were permanently injured and impaired
by the accident and that other injuries
were received by her at the same time.
Held, that verdict in her favor in
the sum of $4,000 was not excessive un-
der such circumstances.
One of the cases decided involves chap
ter 1873 of the general laws of the state
of Minnesota for 1903 and this law the
court declares to be unconstitutional and
invalid. The law was passed In the in
terest of Norman county and provided
that bonds to the amount of $35, 600 could
be issued to pay for court house in
any county where the sum of 81 900 had
already been expended in the constaruc-
ton of such a building, The action was
brought by John Hetlund, who is a tax
payer in Norman county and who applied
for an order to restrain the county COM
missioners from issuing the bonds as
contemplated.
Other decisions are as follows:
Horace Lemon and A. A. Brooks part-
ners as Lemon & Brooks, respondents
vs. Milo T. De Wolf. appellant
oroer af1rmed. Collins, J.
Urik Nordquist, appellant. VS.. Great
N MOI hallway Co., respondent. Or
DER aIhrmed. Start, c. ].
E. o. Halvorsen, respondent. va. The Orr
ment affirmed. Start. G. 7.
The City of Albert Lea. RESPONDENT VIC
e. w. Knatvold. as administrator of the
estate Of e. T. Davies, deceased, and
Fred l. Davies, appellants. Order af-
frmed. Lewis j.
Mrs. e. G. Berryhill respondent. VS. John
w. Healey, appellant. Judgment re-
versed and new trial granted.
Bank Of Glencoe, appellant, VS.. w. N.
Cain ct al, respondents Order affirm
ed. Lewis, J.
Walter B. Fraser, respondent, VS. The
Farmers & Merchants Bank ct AL. de-
PENDANTS; Daniel M. Robbins, appellant.
Judgment affirmed. Brown, j.
J. M. QueaI & Co., appellant. vs. B. f.
Bnlen n Of AL AL as trustee Of School Dis
Lovely, ].
Luth Jaeger. and N. Carlton Torelle, CO.
partners as Jaeger & Torelle, respon-
dents, VS.. Samuel Glover, appellant. Or
der affirmed. Lovely, J.
Justices Brown and Collins VIII Act.
Under the law which provides that
| the governor may select two of the
supreme court justices to act with
! the attorney general as q board of
arbitration to settle any claim of the
| state against an individual, Gov. Van
| SAINT has named Justices Brown and
Collins to participate in the settle
ment Of the claims against ]. P. john