The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-01-24
n - @a-. n~
Supreme Court Holds Duluth
Street Railway Company
Was Not Responsible for
Injuries Inflicted on a Pas
senger by a Strike sympa-
~thizer-Authority Of Off
cers of State Public School
Superior to That of Guar;
dian.

The game of progressive damages
which Fred j. F'ewings, with the aid of
juries in St. Louis county district
court, has been playing with the Du-
luth Street Railway company, was ter
minated ath abruptly by the SUI
preme court yesterday.
FewsngS Vas d passenger on q street
car of the company from Superior TO
Duluth the evening of May, 1899. There
was a strike of the street car men at
Duluth, and as the car was passing
along Garfield avenue a strike sympa-
thiZer threw a stone through one of the
windows which struck FeWings on the
head end seriously injured him. He
brought suit in the district court Of st.
Louis county for $25, 900 damages, and
the jury gave him a verdict of $4,000.
The company appealed the case to
the supreme court and the case was re-
versed and a new trial ordered, the
court holding that the evidence was
not sufficient to support the findings
of the jury to the effect that the COM
pany was guilty of negligence in at
tempting to operate it's cars during a
strike.
Another trial was had and this time
the jury returned a verdict of $1O,-
1888, and from an order denying a
new trial the company appealed. In
the decision handed down yesterday
FeWings is put out of the game entire
ly, as the case is remanded to the court
below with directions to enter judg-
meIt for the defendant. The decision,
written by Justice Brown, says:
"Our conclusions upon the whole rec
ord are that the evidence relied upon is
insufficient to charge defendant with
a%ctiOnable negligence. The questions
on which we have disposed of h case
at this time were not intended to be
covered by the former decision. Some
expressions in shat opinion may be
construed as announcing the law on
certain phases of the case, but they
were not so intended. But one queS-
ton was there decided, and any ex-
preston therein which may be incOn-
siStent with the conclusions now ar
rived at must be regarded as arbiter.
Some members Of the court, when the
case was here before, were in some
doubt upon the principal question now
decided, but those doubts have been
overcome fully by the further argu-
ment and consideration of the case and
We are all agreed upon the conclusion
now reached. The case should be
brought to an end and further litiga-
ton and expense obViated by a final
judgment"
Authority Is in School Officers.
The authority of the. officers of the
state public school over the person Of
a child committed to their guardian
ship, by a decision written by Justice
Brown, is held continue during the
minority of the child unless r~elinQuish-
ed by the voluntary acts of the officers.
Delphine Berry, aged fifteen years,
was committed to the school in May,
1898, from Hennepin county with the
consent of her father, her mother be-
ing infane. subsequently the child
was taken from the institution by a
writ of habeas corpus issued by the
court commissioner of Steele county on
the ground that the commitment was
irregular.
The case was brought to the supreme
court on an appeal by the officers of
the school and the order reversed.
Then Moran Armstrong was appointed
guardian of the child and another eff
fort made to secure her release from
the school.
The court holds that infants COM
mitted to the school can only be re-
leased before arriving at majority by
the officers of the school. The fact tina
the guardian of the child is a proper
person n willing to care for the child
the court says does not enter into the
case as it is reviewed by it.
OlueI ueClSIOIS were as IOliOWS:
Lorenzo E. Dow. respondent, VS.. State
Bank of Sleepy Eye, appellant.
Order reversed. Collins, J.
William Elliott. executor of the last will
Of Eliza B. Tiffany. respondent. VS..
Louis. S. fainter ct al. defendants;
Louis s. T%ainter, appellant.
Order affirmed. Lovely. ].
Charles d. Fuller. respondent, VS.. Joseph
NJ. Schultz. appellant.
Order affirmed. Lovely. J..
J. c.. Bradley. respondent, VS.. Daniel
Dfnneen, appellant.
Order affirmed. Lovely. T.
Frank NJ. Cartwright. appellant. VS..
George r Hall ct al, respondents.
Judgment affirmed. Collins. J.
M. {. Rettner, respondent, VS.. Minnesota
Gold Storage Company, appellant.
Order affirmed. Collins. J.
The City of Fergus Falls, respondent. VS..
Board of County Commissioners of OF
ter Tail County. Minnesota, appellant.
Oruer aElfIned. Brown, J.
FIRST State Bank of Aberdeen. respondent.
VS.. VIII Thuet and Frank Thuet. CO.
partners as Thuet Brothers. aDnelIants