Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-09-15

to q hole which has been drilled for
the purpose of draining water from
a swamp, and after the dynamite has
been twice caught on the sides OF the
hole. has been twice directed by the
employer to push it down, but is not
warned of the time limit of said fuse
or told to come away from the hole
or to desist from the work until too
late to escape the explosion.
90 Where e general verdict is
asked fer and in addition thereto spe-
cial findings, id is not necessary thai
such findings shall cover ali of the
points in issue. provided only that
they are gerrnain 10 the same and
are not calculated 10 mislead the
jury.
CD Unless admissions are CON
tracaual they are not usually conclus-
ire hut are open TO rebuttal o. expla-
nation or they may be controlled by
higher evidence.
"a The degree Of car which is
to be used by an employer in guard
ing al employee from danger in the
case Of the use Of dangerous eXpios-
ives is much greater than that which
is 10 be used under ordinary oircum-
stances and il is moi error for the
court 10 suggest such fact to the
jury.
CSyiEapus by the Court. =.
Appeal from the District Court Of
Ransom County, Allen. J. Action 10
recover damages for personal in
juriss. Judgment for Plaintiff. De
fentiant appeals.
AFFIRMED. Opinion of the Court
ny Bruce, ].
Curtis & Curtis of Lisbon, North
Dakota, Attorneys for Plaintiff and
Respondent.
MeiVin 4. Hildreth of Fargo, North
Dakota, Attorney for Defendant and
Appellant.
s1MEsToWM COLLEGE OPENING.
Jamestown college Will open Tues
day morning, September Is, for the
first semester Of this year. Matricu-
llation will be on Tuesday and the
reci-arions will begin Wednesday,
morning. The enrolment viii be I'M
usually large from the large number
of rooms reserved.
Prof. Griner and his wife, Prof. and
Mrs. Resfo-d Colburn, Prof. Stanley
Dougan aud his wife, arrived Friday
for work. Mr.. Dongan came on a
little earlier 10 take part in the Spir-
ttwood outing with the squad Of ath-
letes vino are spending q week of
pre- opening outing a the lake.
The dean is on hand, and the regis
1rar viii arrive Saturday ready for
the big opening On Tuesday. The
other. professors have written that
they viii return from their vacations
on Monday.
The college halls are al IN fine
shape for the new year. An unusual
aE1onz1t Of work was done on The
campus This summer. Over $4,000
was expended IN The erection IF a
hinge saone wall. 800 feet long, neat
" finished. q front drive, cutting
down OF the bluffs, putting In &C.
tment approaches, entrance pillars.
cansss-- lamps along the main axis of
the campus. rslaying of cement walks
according 10 the e. plan Of the
campus as laid paE BY the Jens Jen-
son Company, q Chicago Landscape
concern, terracing The whole front Of
the campus, seeding it, etc. making
the campus a Euparb grounds for the
college. The Alien athletic field was
also completed, SO that now the foot
ban team wilshaFe one Of the finest
grounds in The state.
Stanley Dcugan. the new athletic
director and football coach. complet-
ed q very snFiahle record this sum
mer with the Winnipeg baseball
team. OF the Northern league. He
played two no-hit games during the
season, and won the highest rank in
the league. The Press says Of him.