The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-04-30
DOUGLAS WRITES
THREE OPINIONS
Twelve Decisions Are Affirmed
and Three Reversed by
Supreme Court.

Of fifteen opinions filed by the SUI
preme court yesterday, three were re-
Versals and twelve affirmations. Three
of the opinions were written by Justice
w. B. Douglas, who sits upon the bench
this term for the/irst time.
The damage suit brought by John
Anderson, who fell from the high
bridge two years ago while painting,
and who secured a verdict for $4,000
against Fielding & Shepley in the
Ramsey county district court, was sent
back for another trial on account of
an error in the exclusion Of expert tes-
timony. The supreme court held, how
ever, that the jury had properly been
allowed to pass upon the facts regard
ing alleged imperfect scaffolding.
Anderson died last September while
the case was pending, and an appeal
was taken by his brother, Charles A.
Anderson. Fielding & ShepIey asked
Judgment in spite of the verdict and
were given a new trial, from which Or
der an appeal was taken by Anderson.
The will of John Casey, of Stearns
country, which has been Iitigated in
the lower courts for some time, was
upheld yesterday by the supreme court
in an opinion filed by Chief Justice
Start. Mary E. Davis, a foster daugh-
ter of Casey, whose estate was valued
at $4,000, was taken into his family
but never legally adopted. After the
death of Casey's wife Miss Davis took
care Of him and at his death his will
was found to leave everything to Miss
Davis. Relatives sought to have 1t de-
clared Illegal on the ground of alleged
undue influence, but the lower court
refused to take that view Of the facts,
and its decision was affirmed
Village Had No Authority.
In the case of A. E. Comstock against
the board of county commissioners of
LIE Sueur county the Judgment Of the
lower court, which held that a village
had authority to meet expenses incur
red in an effort to prevent the spread
OF infectious disease, was reversed. The
supreme court held that an act of 1888,
making towns and villages liable in the
first instance for all expenses incurred
by their boards of health in fighting
contagious diseases, was amended by
subsequent legislation, and that the
village of Elysian, to which Comstock
furnished supplies and where he rent
ed house during a smallpox epidemic
in 1901, was not obliged to pay the bill,
but that it should be charged to the
county.
The order of the Ramsey county
court in favor of Joseph B. Weice and
Minnie A. Brewer against the st. Paul
Boom company was affirmed in an
opinion filed by Judge Lewis, who holds
that where a third party is in possess
sion of leased premises under a lease
the law. presumes that he has taken an
assignment of the lease and assumed
the obligations Hereunder, and that in
an action against him for rent the bur-
den is upon him to prove the con-
trary.
Other Decisions.
William Anderson vs. The Supervisors
of the Town of San Francisco. Affirmed.
Marshall Wells Hardware Co VS. Peter
j. Moody. Order affirmed. Start
Louisa Casino VS.. The City of New
Ulm. Order affirmed
Peter E. Larson VS.. The MINNEAPOLIS
Threshing Machine Company. Judgment
affirmed. Lovely.
H. w. Wright VS. NJ G. Tanner and
Robert Blackwood. Order affirmed
Eta Byrnes. as administrator of the
estate of Andrew Byrnes, vs. oliver
Byrnes. Order affirmed. Lewis
A. j. Dwyer Pine Land Company VS..
Alonzo j. Whiteman. Order affirmed.
-DOuglaS