The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-02-06
Contractors Were Negligent.

covers $1,000 from Dibley & Robinson,
contractors for injuries received in a
runaway. His horse was frightened by
a pile of stone left in the street The
court holds that while the contractors had
a right to reasonable use of the highway
they were bound to use it so as not to
interfere unnecessarily with public travel
The syllabus is as follows: 'tet.: ....
=. A. Nye respondent VS.. F. e. Dibley and W.
H. Robinson, co-partners as Dibley Robin
First--in an action to recover, damages for
of defendants in dcpositng material being used
by them in the work of public improvements,
Highway Where the ht work was was being performed in
such manner and in such close proximity to the
in snd sW as to nrsf
is held that defendants had the right to deposit
the material upon tho highway ct point rea
sonahlE convenient for use in the work, but in
SO doing their own convenience was not the
primary object foc considerations that In re-
such material they were bound to respect the
rights of the public to the use of the highway
and to use ordinary care so to deposit it as. to
place and manner as not to obstruct. ,unneces-
sarily It's free use or cause horses of ordinary
gentleness to become frightened, The case was
on this theory Of the law, and no errors in the
charge are found s;.-~-s
Second--The fact that other horses of ordinary
scntlencss were frightened by the material So
deposited in the highway by defendants was
competent evidence. 80.
| Rehearing Prayed For.
The court denied a petition for rehear-
| ing in the Shanahan will case which set
aside the legacy made by Father Shana-
| han to Bishop Cotter of Winona. How
ever, this morning new application was
made and a stay granted until Feb. is.
The bishop has secured a noted New York
authority on trusts to make the argu-.
ment. .--'a -... -.
| Decided In a Bunch. III
Fifteen more cases involving parts of
the Archbishop Ireland land grant were
decided to-day in per curtain decisions,
following the case Of O'Connor VS.. Cert.
gents, decided last term. In each case the
court holds against the sQuatters and gives
archbishop.
Other cases decided day were as fol-
lows:
Hennepin County. -
Ruth Sterling, RESPONDENT. vs.: Mary Fl. Urquhart
ct al, defendants, Mary II. Urquhart appel
first-1he published notice of a tax sale
TO All persons e IS
or lien on the land to be sold, following the
form prescribed in section 1000 general statutes
1894, held sufficient. though the quoted words
are omitted from the last paragraph Of such
statutory form, it being followed in all other
seeond-Where It is sought in support Of a
tax. Judgment to give the sixty:day redemption
utes 1894, it must be directed to the person in
whose name the lands are assessed, due proof
of which must be made in the contest between
the of the tax Judgment and the per-
son whose interests are to be affected thereby.
Order modified Lovely, J.
St. Louis County. -
n E. E. Afford as Receiver Of the S. ]. Thomas
4 Lumber company. respondent The Con.
I soldiated Fire and Marine Insurance Company,
appellant.
First-The phrase illegal representatives. Is
often used in statutes in broad sense, So as
by opera ton of law, stand in the place of an(
represent, the interests Of another. 1t is il
this broad sense that the phrase is used in the
Minnesota standard form for insurance poll
cies.
second-A receiver appointed by the cour
for insolvent corpora tion is its legal repre-
sentative within the meaning of this phrase
Judgment affirmed. Collins, j.
Stearns County.
In the Matter of.the Estate of Alexander Moore
ri Einie, contestant, appellant.
First--lt is not necessarily reversible erro
| Eon the trial of action without jury 70
the trial court to permit the introduction of ties
timony subject to the objection that it is in
/ competent and ilnmaterial, reserving the rul
ing thereon and the right subsequently to dis
| regard the same If determined to be inadmis
| I sible Whether such course should be pursue
| on any such trial is matter resting in til
4 sound discretion of the trial court.
to sustain the findings Of the trial ocurt
| Order affirmed Brown, J.
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