The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1916-02-04
Minnesota State Supreme Court
g'' Hands Down Opinion
From FrIday's DajIv.

FROM FTtodyS odiiv.
The Minnesota state supreme court
has decided the appeal in the case of
w. H. Jacobson, respondent, VS. the
Chicago, Milwaukee and st. Paul
Railway company. The order of the
lower court is sustained The sylla-
bus follows:
-'One. The matter of submitting
special issues to q, jury in an action
at law rests in the sound discretion
of the trial court; and the discretion
extends also to the form and sub
stance of the special issues SO sub
mitted There was no abuse of the
discretion in this case
1.-TWO. A settlement and release of
a cause of action, induced and pro-
cured by false representations of ma
terial facts, the falsity of which was
unknown to the person making them,
may be rescinded and avoided though
there was no fraudulent or other
wrongful intent to deceive or defraud.
Three. Plaintiff was injured
while a passenger on one of defend
r ants trains: soon thereafter defend
ants physician made physical eX-
animation of plaintiffs person and to
induce or cause him to act thereon,
represented that he had suffered no
serious injury, had no broken bones,
and would recover in the course of
two or three weeks; it is held, that
the representations were material,
pla ntiff had the right to rely thereon
in effecting settlement with defend
eat, and since the representations
were untrue in fact, though the falsi-
ty was not known to the physician at
the time, and were not made with in
tent to deceive, plaintiff had the right
to rescind the settlement. Such facts
constitute fraud in law.
-Four. The instructions of the
trial court upon the question of expert
opinion evidence held not prejudicial
to the rights of defendant.
Order affirmed" Brown, c. j.
Jacobson sued for $4,000 and the
jury gave him judgment for $10,-
000
This was the first jury case tried
by Judge w. L. ComstOck, since he
assumed the district bench and result
ed in the district court being sus-
tanned.
Attorneys S. B. Wilson and j. w.
Schmitt handled the case for the
plaintiff and C. J. Laurisch of this
city and NJ. B. Weber of Winons
for the railroad company.
In the case of Fred W. Carlstrom,
respondent, VS.. the North Star Con-
crete company, appellant, the per-
curiam of the supreme court is as
follows:
action to recover the value of q
COW, alleged to have been killed
through the fault of defendant Plain
tiff had a verdict. Defendant moved
for Judgment Notwithstanding the
verdict, and appealed from an order
denying the same. There was no
motion for new trial The order
denying the motion for judgment is
not appealable, anr the appeal must
be and is dismissed DunnelPs Dig.
1854: Hastager v Northwestern Paper
company, 100 Mimi. 500.
Appeal dismissed
Fred w. CarlStrom sued to recover
$40 on account of the death of his
COW. The company was engaged in
the construction of County Ditch No.
"a, and a ditch was left open, with
the result that the COW fell in and was
fatally injured. Carlstrom sued for
SIS, and the jury, after being out all
night, gave him $40. Ivan Bowen was
attorney for the plaintiff.
Albert Lea, Mimi, January 2S-The
evening session OF the suffrage con-
ference which opened here yesterday
was held at Library hall, with Sen
ator G.. L. Swenson of this city pre-
siding. A large number of delegates
were present. Owing to the snow
storm the Milwaukee train from the
west, bringing Sen. j. w. Andrews
of Mankato and Frank Day from
,FairmCnt, was snowbound and did
not arrive until late. Mrs Elsie
Vandergrift Benedict, private secre-
tary of Mrs. Gait, was the first speak
er in the place OF Senator Andrews.
Mrs. Hunter of Minneapolis was the
next speaker. Their remarks were
received with enthusiasm by the audi
ence. A reception following the pro-
gram closed the evening An all day
session will be held today and some
of the prominent suffrage leaders of
the country will appear on the pro-
gram. The conference will be con-
cluded in the evening by big ban
quet at the Presbyterian church.
The conference of suffrage workers
held in Albert Lea yesterday and to-
day will close tonight with a BAN
quet and program of toasts to be held
in the Presbyterian church parlors.
None of the local suffrage workers
were in attendance at the conference
but reports of what had been accom-
plished by the Blue Earth County
Equal Suffrage association were sent
to the meeting to be read during the
sessions.
From Fridays Daily
st. Paul, Mimi, January 2S.-
The Pine county court was reversed
in the suit of Mrs John Madden
against the Great Northern and
Northern Pacific railroad, companies
for the death of her husband, who
was killed at the Duluth Union depot
while crossing the tracks in 1913.
The supreme court held that the
victim was himself guilty of contrib
utory negligence.
The SuD~ema court today rnhe1d