The Saint Paul globe., 1904-12-17

voluntarily continued and extended from
time to time by. mutual consent of the
parties, and plaintiff and her testate haV-
ing accepted payments on the principal
and the annually accrued interest, plaintiff
is eStOpped from setting up as q defense
TO performance on her part the indefinite
ness of the contract as to time of paw
ment
A. The heirs and devisees of PLAINTIFFS
testate are bound by the contract, and
have no rights superior to those held by
their ancestor.
s., Williams vs.. Stewart, % MINI. SIG.
distinguished.
Judgment reversed. Brown, J..
In re estate of Dewitt Clinton AtwelL
deceased Charles M. Atwell ct al, re-
spondents, vs. Nellie NJ Parker, appel
liant.
l. Chapter 1853, Special Laws; 1871, en-
titled AN act to change the names of Ger
tain persons herein named, and to fix and
establish their adoption and heirship," is
a valid legislative enactment; the title
thereto is in sufficient compliance with
the constitutional provision that no law
shall embrace more than one subject
which shall be expressed in its title.
2. Long and continued use of general
title to particular class of legislative
enactments is such a construction by the
legislature of the constitutional provision
that no law shall embrace more than one
subject as to be entitled to the special
consideration Of the courts in determining
the sufficiency of such title.
Order reversed. Brown, j.
Emil Strobecls, appellant, VS.. Frank Bren
and Joseph Bren, respondents.
i. The proXimate cause of an injury
within the meaning of the law of negli-
gence, is such as operates to produce par
ticular consequences without the inter-
vention of any Independent or unforeseen
cause or event, without which the injury
quences as might reasonably have been
anticipated as likely to occur from the
alleged negligent act.
2. The right OF way of railway COM
pany extended through the land of de-
fendantS. The railway company, in COM
pliance with the statutes on the subject,
fenced its right of way, and at the in
stance and for the convenience of de-
PENDANTS, placed gates therein to enable
them to pass to and from the tracts of
land situated on each side of the right OF
way. Plaintiff occupied iand adJolnlng
defendants, between which there was
good and sufficient fence maintained by
defendants. A heavy wind storm blew
down tree standing near the fence.
which fell upon and broke it down. Plain
tiff's cattle. which were pastured on the
land so adjoining defendants, passed
through the line fence where 1T was so
broken down by the tree, from thence
through the gate in the right OF way
fence, which defendants had left open,
onto the right of way of the railway COM
-pany and were killed by train OF cars.
Held, that the failure of defendants TO
keep the gate of the right of way fence
closed was not the proximate cause OF
the injury complained of, and no recovery
can be had against them.
Order affirmed. brown, j.
William Owens, appellant, vs. Marion w.
Savage, respondent.
Where after verdict, the trial court
makes an order setting the verdict aside
and granting new trial, based upon
motion the grounds of which are alleged
errors in law occurring at the trial and
that the verdict is not sustained by tho
evidence. and assigns no reasons for
granting the motion, either In the order or
in a Memorandum attached thereto II
there be no errors of law justifying new
trial and there be any evidence reason
ably tending to support the verdict, the
order will be reversed and the verdlct
reinstated Fitger VS.. Guthrie, 81 Minn.,
$50, followed
n.Ia roxyorcnd -Br0WH, y.