The herald-advance. (Milbank, S.D.) 1890-1922, 1905-05-12
CIRCUIT COURT NOTES.
Two Important Cases Decided
i'm Favor Of plaintiffs.

! III FAVOr OI flaInt1ffS.
: Judge Mccoy adjourned the
circuit court last Friday, dispo-
sition in all cases having been
made.
The civil cases are given be-
low with their disposition.
| James Brannon VS. The CITY of
Milbank. Continued by con-
sent.
Chas. Betcher Land and Loan
Co. VS. @. w. Matthews. Con-
tinued on terms.
! Noyes Bros. & Cutler VS. Gust
Paul Judgment for plaintiff.
| John Bucknell VS. w. E. Ray
mond. Continued.
First State Bank of Revillo VS.
Matt Abrahamson ct al. TAX
en- under advisement by. the
court.
Thomas Nolan VS. Albert
Rehnke. Verdict for $175 for
plain tiff.
H. Kollitz VS. Charles Chavet.
Action brought to recover value
of a horse purchased by defend
ant, which plaintiff claimed was
mortgaged to another, and which
defendant had sold. Jury re-
turned verdict in favor of de.
fendant.
| G. W. Burlington, Assignee,
VS. John Koehler. Continued by
consent, settlement pending.
| 0. B. Shewis VS. A. P. Lind
quist. Judgment for plaintiff of
$539.15.
| Geo. w. Dawson VS. Elizabeth
Camus, as administrator. Court
directed verdict of judgment for
defendant
John B. Richter VS. Carrie
Richter. Continued.
=, Lauretta Cheney VS. Moses
| Cheney. Continued.
August Maerk, Guardian VS.
F. L. Stewart ct al. Continued.
| W. E. Norton VS. James P.
Christensen. Continued.
w. l. Lowthian US Western
| Union Telegraph Co. Jury
directed by court to bring in
verdict in favor of plaintiff.
} The action of Thos. Nolan
against Albert Rehnke attracted
considerable attention during
this past term of court. The
plaintiff brought action to recOv-
er damages by fire negligently
set, it was claimed, by the de-
fendant through his servant
and employees, to live grove on
| Mr.. Nolan's farm, south of Twin
| Brooks. The question of dam
age was submitted to the jury,
and the court held that where
the undisputed evidence shows
that fire is set by the servant
while acting in the scope of his
authority, that is, while doing
such work as burning stubble,
straw stacks, fire break and long
grass along the road, although
the principal may not have order.
ed the work done, and in some
cases even directed that the fire
should not be set, the principal
would be liable for the damages
resulting from the fire. The
court went on further to say that
the innocent third party should
not suffer by not being able to
prove facts which were peculiar
ly within the knowledge of the
master and servant. Mr.. No.
Ian was awarded damages.
The last case on the calendar
was an action by w. [. Lowthian
against the Western Union Tele.
graph company, wherein the
plaintiff claims damages against
the defendant for the sum of
500. On January. 1904, Mr..
Lowthian delivered a telegraph
message to the agent of the
company at Mjlbank, which re-
lated to the sickness of his wife's
sister and very important mes
sage, of which the agent had
knowledge at that time. The
evidence in the case showed that
the message was never delivered
to the party addressed at Kala-
ma, Washington, and it became
necessary for Mrs. Lowthian to
make a trip to the Pacific coast
by reason OF the negligence of
the company. The court direct
ed a verdict in favor of the plain.
TN and against the company for
the full amount claimed.
Thad. L. Fuller was attorney
Tor the plaintiff in both of the
above cases,
All Grades OF Whoal