The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-01-07
ARE OF INTEREST TO
MANY PEOPLE HERE.
The Supreme Court Hands Down Two
Decisions on Appeals From the
District Court.
WHITE & STREET TOWNSHIP co.
SECURE FAVORABLE REVERSAL
Verdict Of Trial Court, Awarding John
Lunney Of Cass Lake $3.50
Damages Sustained.

The supreme court has just
handed down it's decision in the
case Of the White & Street Town
site company against the j. Neils
Lumber companys reversing the
decision of the district court of
Beltrami county and ordering
Judgment to be entered in favor
of the plaintiff.
This action wassbrought by the
White & Street Townsite COM
pany to recover the value of:tim-
Der which the defendant had cut
and removed from it's land near
Tenstrike. The lum Der company
admitted that it had cut and re-
moved some timber from this
land, but claimed that it was the
owner of the land.
Both plaintiff and defendant
claimed title to the property in
question through conveyances
from the state of Minnesota; the
White & Street Townsite com
pany under a school.land sale
made by the state auditor and
the defendant under a deed made
by the state to the Little Falls &
Dakota Railroad company.
On the trial the question of the
value of the tim Der was submit
ted to the. jury, who found in
favor OF the plaintiff for 5000, but.
afterwards the district court set
aside the verdict and ordered
Judgment for the defendant lum-
ber company on the ground that
it was the owner of the land.
The supreme court holds that
this land was setapart as state in
stituitonal land before it was deed
ed by thestate officials tothe Little
Falls & Dakota Railroad com
pany, and that having been so
set aside and dedicated, the Off
GERS of the state had no power to
deed it to the railroad company,
and that the deed was void.
The lum ber company also con-
tended that it appeared from the
evidence that this land was pur-
chased as school agricultural
land; that it was chiefly valuable
for it's timber, and that for that
reason the purchase by the town
site company was void; but the
supreme court holds that the
state of Minnesota is the only
party who can complain of such
a fraud or mistake, and orders
the district court to enter judg-
ment for the plaintiff for the
amount found by the jury.
Gibbons & Torrance and Henry
Conlin represented the plaintiff
ana 3. 3. Mcdonald represented
the j. Neils Lumber company.
Charles W. Scrutchin received
a letter Saturday from the clerk
of the supreme court, notifying
him that the appeal Of the village
of Cass Lake in the personal in
jury case of John Lunney VS.. the
Village Of Cass Lake, that the
verdict of the trial court, award
ing damages to the plaintiff, had
been sustained and judgment
ordered accordingly. Mr..
]Scrutchin was attorney for Mr..
Lunney.
| While Mr.. Lunney was walk.
| ling on the streets Of Cass Lake,
on August 6, 1904, he slipped on
a defective sidewalk and fell,
breaking a leg. He was disabled
for some time from the effects Of
the injury, and afterwards be
gan suit against the village fo1
So, 600 damages. The case was
tried in the district court fo1
Cass county, at Walker, last
April, before Judge Spooner,
and the jury in the case awarded
l the plaintiff $3.50 damages agains1
the defendant village, Mr..
Scrutcnin representing Mr.