The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-06-02
IS LIABLE FOR
] SERVANTS ERROR.
MASTER HELD RESPONSIBLE FOR
NEGLECT.
Supreme Court Decides Appeal in Case
Of Minneapolis Woman Against a
House Furnishing Concern Right of
Board of Public Works to Assess
Property.
"A master is responsible for tho moo

A master is responsible for the neg
lilgent conduct Of his servants in fur
therance of the masters business and
s within II the line Of their duty, altho in
This declaration was made today by
the supreme court in a decision in the
case OF Mary Crandall against Boutell
Brothers. The case was tried last win
ter in the Hennepin. county district
court. The syllabus on the appeal was
written WI BY Judge Jaggard. After de
liability Of masters, tRe a syllabus q sav sne
IN this case a vendor sent his servants
with stove to "set it up in the vendee's
house. When their attention was called
to refuse matter in the chimney and
they were provided easy means for it's re-
moVal, they promised to remove the same
but did not and so put up the stove pine
that the vendee was .asphyxiated by gas
dlscharged In consequence. Held, thata
the master was responsible for such neg
ligent act. Order reversed
: Another decision, also written by
Of the board Of public works of St.
Paul and is as follows:
state eX rel Katie L. Hughes petition
er, VS.. District court of Ramsey county.
ct al, respondents.
The judgment Of the board Of public
works Of st. Paul as to what property IS
benefited and to. what extent that benefit
extends because of the making of a local
Improvement authorized by the charter,
is hnal and conclusive and cannot be re-
viewed by the courts unless It ia shown
to be fraudulent in fact or to have been
made upon demonstrable mistake of fact
or that in making it the board of p,1blic
works applied an illegal principle, or an
erroneous rule of law.
No facts bring this case within any of
these exceptions ~.
The fixing of the limits of the district
to be taxed is not a judicial function and
the courts will not interfere with its de-
termination by statutory authorities ex-
cept to correct palpable violations Of the
constitution or charter.
The spread of the assessment in this
case was not so unreasonable or Improper
as to justify judicial interference /
A re-assessment Is not void because
one notice was given and a meeting held
/ to fix the assessment district and after.
! wards a second notice was given and q
| meeting held for placing the assessment
upon the specific lands within this dis.
| trict Affirmed.
| ~. " Other Decisions.
| Titles and dispositions Of other case,
today are as follows:
John W. Price, respondent, VS.. Charlie.
| A. Denison, ct al, defendants Charles A
Denison, appellant. Order affirmed
Henrietta N. White respondent, We
The Standard Life and Accident Insur
ance company, appellant. Order reversed
| John T. Sweeney, respondent, vs. Mar
| tin Dunn, appellant. Order affirmed, pei
| curiam.
Hans J. Beck respondent, VS. TIL,
Minneapolis Union Railway company, ap
pellant. Order affirmed.
State of Minnesota, respondent, VS.
Hans A. Shelby, appellant. Order re-
versed. H. ->*.- ."- .va
Nellie E. Berger, respondent VS.. TIL,
| st. Paul City Railway company, appel
| liant. Order affirmed 2 2-~.s
| Bertha D. Loring, respondent, VS.. Anto1
Anderson, appellant. Order affirmed.
E. G. Best, respondent, VS.. Great North
ern Railway company, appellant. Orde
| affirmed. 49,
Robert M. Stitt and Nellie Armstrong
copartners as Stitt & Howe, appellants
| VS.. Namakan Lumber company, respond
! ent Judgment reversed.
| Wesley E. Small, by his guardian a,
Item, William Onstine, appellant, VS.
Brainerd Lumber company, respondent
order reversed and new trial ordered
William D. Williams, respondent, VS.
Adolph Peterson and Peterson Carpe
company, appellant Order affirmed.
State Of Minnesota, respondent, VS.
Hans Olson, appellant. Judgment af
frmed.