The Saint Paul globe., 1904-06-25
NANHOF WINS IN
COUNTY SEAT FIGHT
Supreme Court Holds lntoxi-
Gated Man Is Entitled to
Protection

IVanhoe won a round yesterday in
the state supreme court in its fight for
the Lincoln county seat with Lake
Benton, the present county capital,
when Chief Justice Start reversed the
order of the district court of that coun-
ty in refusing to order the dissolution
of a temporary injunction restraining
the county auditor from issuing notices
for a special meeting of the county
commissioners for the purpose of car
rying out the provisions of the special
election which had voted in favor of
the county seats removal.
The original petition for a special
election to vote on the question was
filed Sept. 9, 1901. The special election
was held Oct % of that year and Ivan
hoe won, but Lake Benton partisans
appealed to the supreme court. That
tribunal held the election valid and
the county seat changed accordingly.
Judgment was entered Dec. 10, 1903,
and demand was made by the Ivan
hoe petitioners on the county auditor
that he serve notice on the county
commissioners.
The auditor complied and the board
met Jan. to consider the petition.
and secured a temporary injunction re-
straining the auditor from acting un-
der the decision of the court. The au-
ditor moved to dismiss the injunction
proceeding, the court refused and the
auditor appealed from the order deny
ing the motion to dismiss.
The chief contention was that the
petition, from the lapse of two years
while the litigation was in progress,
had become stale and inactive and it
was now too late to take action on it.
The court rules that it has not lain DOR
mant, for as soon as a legal determina-
tion had been had of it the auditor
acted in good faith, and the county
commissioners have not lost jurisdic-
tion. The court holds that duplicate
notices had been filed with the auditor
and that that official had right to
call a special meeting of the commits
sninods.
Intoxicated Man Has Some Rights
In John Clarke VS.. The Philadelphia
& Reading Coal and Iron Company,
Justice Lovely takes the ground that
person intoxicated, but not so un-
der the influence of liquor as to inter-
fere with the exercise or ordinary care
in walking about, is not deprived of
right to sue for damages for injuries
sustained by reason of negligence of
another.
The suit grew out of Clarke falling
through an open coal hole in front of
the Astoria hotel, st. Paul, July e. 1903.
and admitted to have been left uncov-
cred by driver for the coal company.
The trial court sustained an objection
to question asked by the defendant
of witness who was at work in the
hotel basement at the time and who
assisted Clarke to leave the basement
after his fall and which reflected on
Clarke's sobriety at the time.
The supreme court holds that it was
not error by the trial court inasmuch
as the witness had not sufficient
knowledge of Clarke's condition. The
charge was sufficiently favorable to the
defendant company, in the courts
opinion. The verdict is not SO large
as to be ground for reversal The
syllabus is as follows:
John Clarke, respondent, VS.. Philadelphia
q Reading Coal and Iron Company ap-
pelant.
1. While it is permissible to allow an
observer or ordinary intelligence to give
his opinion whether a person is intoxi-
Gated at material time where his judg-
ment is derived from facts and circum-
stances which enable him to form an
opinion of that fact, yet it is within the
reasonable discretion of the trial court to
determine whether the proper foundation
therefor has been laid and held that the
refusal of the court to permit INQUIRIES of
that nature in this case was not error
z A person under the influence of
hquor, but not SO intoxicated as to in
terfere with the exercise of ordinary care
on his part in walking upon the nuhlic
sidewalk, IS not deprived of the right to
protection from the negligence of another
VINO 1ans TO properly guard an opening