The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-11-06
SUPREME COURT
LAKE BENTON WINS
The Supreme Court Decides the
County Seat Contest for Lin
coin County.
Decision Is that the Election Was
Improperly Called-Lower
Court Reversed.

lyanhoe is knocked out and Lake
Benton is once more the county seat
of Lincoln county. The supreme court
decided the contest case to-day, re-
versing the district court and holding
that the election was Improperly
called. The notices of the petition
We're not posted as required by law,
and the commissioners, therefore, had
no authority to call the election Ivan
hoe must resume it's fight which was
won at a special election held Oct. %,
1901. The contest was decided by the
district court April 16 Of this year,
in favor Of Ivanhoe, but the county
officers and the records will now stay
at Lake Benton and Ivanhoe will have
to petition for another special cleo
ton. J..t
The opinion is by Judge Lovely,
VINO handed down the following syl-
labus:
j. 3. Tucker, appellant, vs.. Board of
County Commissioners Of the County of
Lincoln. respondent:
First = The requirement Of section /,
chapter ia. Laws Of 1889. that a dupli-
cate Of the auditors notice Of the meeting
of the county board Of commissioners tn
pass on the petition for a. change of the
county seat. shall be posted ten DAYS be-
fore such meeting ''in public place in
each organized town Of the county, SEQ
ton 674, general statutes 1894 applies eS
vi termini to an incorporated village with
in the territory Of one or more towns
therein where the village has distinct DO.
litical powers and holds separate elections
at which the proposed change is sub
mitted to the electors.
Second-The failure to file a sufficient
affidavit with the county auditor previous
to the meeting Of the board showing that
a duplicate notice was posted in each town
and village of the county Is a necessary
nraTpC1ljSjtn To the ~
to direct that q, special election to vote or
a. change of a county seat and unless the
statute is complied with in this respect
the order of the board for a special cleo.
ton Is without authority and confers nc
right to hold the same.
In a contest under the county seat re-
moval act the omission to file a sufficient
affidavit of the posting Of the duplica te
notices of the meeting of the county boarc
with the auditor prior to such meetins
cannot be supplied by affidavit filed subse-
Quent to the special election nor can the
rs court properly receive or act upon the
same as the basis of its conclusions
Judgment reversed Lovely, J.
New Trial in Damage Case.
A new trial is granted in a Henne.
pin county personal injury case Ma.
thias Thomas got a verdict of $1,000
for an injury received in Henry Fl
Smiths boiler shop, being struck b,
a falling tube, and the court holds
that the negligence of the employer
was not shown. The syllabus:
Matthias Thomas, respondent, VS.. Henry II
Smith, appellant.
First--Held, in a personal injury action
that the testimony was insufficient to ius
THY the Jury in finding that the defendan
was negligent in standing certain boile
tubes upright in his shop, one of which
fell upon the plaintiff. workman, tlereb
causing the injuries complained of
Second-The rule laid down in FRANKLIN
VS.. Winona company 81 Minnesota 40e
that where the negligence of the maste
combines with the negligence of
d servant, the two contributing to produc
an injury to another servant who is him
self free from negligence the master i
liable, held applicable in this case
Order reversed and new trial granted.
Collins, j.
Damage Case Dismissed.
Lizzie Sullivan sued the 500 roa