New Ulm review., 1913-04-23
Supreme 'l Court
Sustains Olsen
Modern Woodmen Of Ameri-
ca Must Pay Lockway
Policy.
Lessee Cannot Collect For
Flowing In Johnson
Carlin Case.

is In two of the cases handed down
| by the supreme court last Friday,
Judge Olsen was sustained. One
of the cases went up from Brown
county and the other was a Nicol-
| let county case. The Modern Wood
men of America will now be called
upon to pay the insurance on their
policy issued to John Lockway,
former New Ulmite. The Order
contended that the death Of Mr..
Lockway was due to "delirum tre-
mems" A Brown county jury de-
cided against them on this issue
and the supreme court finds the
evidence sufficient to sustain the
verdict. The action was brought by
Theresa Lockway, the widow OF
| the deceased, who was named bene-
ficiary in the policy. She was rep
resented by A. FredericksOn Of
Springfield, and A. v. Rieke OF Fair
fax The syllabus Of the court
reads as follows:
L. A benefit certificate provided
that if death was due to delirfum
tremens caused by the Incorporate
use of alcoholic drinks, it should be
null and void. In proofs of death
furnished by the beneficiary. It was
stated that the cause of the death
of insured was delirium tremens.
Held, that such statements In the
proofs are not conclusive and do not
preclude or estop the beneficiary
from showing that such statements
were made by mistake, and that in
| fact, the insured did not die from
such cause. Held further that plain
tiff in this case produced Testimony
tending to show such a mistake
and that the cause Of death was
j not as stated, sufficient to warrant
II the denial OF the motion to dismiss
made at the close Of plaintiffs case.
The evidence did not conclu-
tsfyerv SHOW that the insured dieds
from delirium tremens caused by
; the intemperate use OF alcOhonc
drinks. and the verdict for piafn-'
tifr is sustained by the evidence.
The burden Of proof was upon
defendant.
I 4. It was not reversible error 10,
denv defendant the right to the clos
ing argument to the jury, no pres
judice appearing ses
There was no reversible error
in any of the rulings on the admis-
sion of evidence or on the charge.
In the case of Krana Johnson vs..
Carl Carlin the syllabus Of the
court reads as follows:
/ A farm lease provided that It
the lessor sells the farm and gives
notice to the lessee that she desires
to give possession to the purchaser
rhon fnrfhWith V9nHtp
upon the lessor paying To- OF
s-per acre for plowing newly made
before the notice be given, held
that the evidence supports the YER.
dict that no compensation could be
demanded for such plowing made
by the lessee before he was re-
Quired to vacate, and also that de-
| fendant was not entitled to direct
ed verdict for failure to prove a
sale.
! 2. To prove sale so as to give
the lessor, this plaintiff, right to
terminate the lease oral testimony
that she and the purchaser met
and bargained for sale of the
farm, reduced the agreement to
writing, signed II, that part of the
purchase price as then paid, that
the purchaser then went into pos
session, claiming ownership, with
plaintiffs consent. and before the
trial had received deed is adj
missible and is sufficient to es-
tablish the condition upon which
the lessee, this defendant, was re-
quired to vacate, it not being nec-
essary or material to prove the con-
tents Or terms of the written con-
tract Of sale.
3. Upon such properly admitted
| evidence the court was right in
holding as a matter Of law that q
sale was proven, and hence no
prejudice could result from the im-
| proper reception of other evidence
relating to the sale.
According to the Madelia Times
Messenger-Judge A. r. Pfau, has
handed down decision in Wat
onwan county establishing judicial
ditch No., z, the building of which
has been protested. The ditch itself
is about two miles long with about
seven miles Of tiling and runs through !,
Butternut Valley and Lincoln town /
ships in Blue Earth and Madelia
townships in. Watonwan county. The
petitioner for the building OF the
ditch was presented by Attorney j..
E. Haycraft of Madelia, 2. G: Far
mer of st. James, and s. B. Wilson.
of Mankato. and the men who OBJ
jected to the building Of the ditch Il
were represented, by Attorneys Il,
IL. and ]. w. Schmitt of Mankat0,
| John Moonan Of Waseca, H. N
Somsen of New Ulm and n.
Barlow of st. Paul. The cost OF
the work will be between S60OOo
/ .nd S70 n0O 5ss,