Volume 127 — Minnesota Reports

Action in tbe district court for Ramsey county to recover $81,000 for personal injury received while in the employ of defendant.

Action in tbe district court for Norman county to recover $7,000. Tbe substance of tbe complaint is stated at tbe beginning of tbe opinion. Tbe case was tried before Grindeland, J., wbo denied defendant’s motions to dismiss tbe action and for a directed verdict upon eacb cause of action, and a jury wbicb returned a verdict for $2,500 upon tbe first cause of action and $250 upon tbe second cause of action.

Action in the district court for Watonwan county to recover $2,->640 for loss of one-balf of the profits to be derived from the sale -of certain premises. Tbe case was tried before Pfau, J., wbo denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $3,331.71 in favor of plaintiff. From an ■order denying his motion for judgment notwithstanding the verdict ■or for a new trial, defendant apealed.

Action in the district court for Ramsey county. From an order, Gatlin, J., denying plaintiff’s motion for an order requiring defendant to dismiss his action for divorce against plaintiff in the superior court of Cook county, Illinois; denying plaintiff’s motion for an order restraining defendant from prosecuting that action in that court; denying plaintiff’s motion requiring defendant to pay plaintiff $250 on account of attorney’s fees necessarily incurred by her m defending…

Petition to the district court for Lake county for the appointment of commissioners to assess and determine the damages to be paid to the owners of certain lands necessary for the construction and maintenance of certain reservoirs and canals and the diversion of the waters of Birch lake and its tributaries into the valley of the St. Louis river and to the pipe lines and water wheels of petitioner’s water power and electric plants at West Duluth.

F. A. Johnson gave notice of contest against John H. Slapp from the canvass of votes at the election, in the township of Trout Lake on March 10, 1914, which certified that F. A. Johnson received 29 votes for the office of town clerk and that John H. Slapp received 30 votes for that office.

Action in tbe district court for St. Louis county by Charles N. Orr, Herman F. Stark, Charles E. Collett, copartners as Orr, Stark & Collett, and Charles J. Spratt against William Sutton, Lyman Sutton, William Sauntry and his wife, Russell M. Bennett, Edmund J. Longyear, Louis E. Torinus and all other persons claiming any right, title, estate, interest or lien in the real estate described. The facts are set forth in the opinion.

Action in the district court for St. Louis county against Eliza Korrer, Edmund N. Korrer, Annie L. Korrer, John Brennan, White-Iron Lake Iron Oo., Albert B. Coates, Martha R. Coates, and Euclid Iron Mining Co. to enjoin defendants from interfering with the public waters of Longyear lake, from removing the iron ore under said lake and the natural waters thereof, from removing the iron ore from under that part of the bed of said lake which would be covered by the waters…

Action in tbe district court for Beltrami county to recover $10,000 for personal injury received in driving plaintiff’s automobile across defendant’s track, and $1,000 for injury to the machine.

Louis Thoresou, Oscar Gahlon and Edward O’Brien appealed to the district court for Douglas county from an order consolidating school districts Eos. 22 and 15 in that county into a district to be known as Consolidated School District No. 15. George Susens, as county superintendent of schools, filed an answer to tbe complaint of the appellants. The appeal was heard before Parsons, J., who made findings and dismissed the appeal.

Action in the district court for Anoka county to recover $21,000 for injury received while employed by defendant as a switchman. The case was tried before Giddings, J., and a jury which returned a verdict for $2,050 in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Dodge county against E. F. Vander-poel, Eugene N. Best and Eva M. Best, his wife, to ascertain the amount of damages sustained by plaintiff on account of the fraudulent representations by defendant Vanderpoel in the sale of land, for an accounting between plaintiff and defendant Vanderpoel under the contracts mentioned, and for specific performance by defendants upon the performance by plaintiff of its part of the contract.

From a judgment in justice court in favor of plaintiff, defendants appealed to the district court for Dakota county. The appeal was heard before Hodgson, J., who made findings and ordered judgment that the action be dismissed. From the judgment- entered pursuant to the order for judgment, plaintiff appealed.

Action for divorce in the district court for Ramsey county. The case was tried before Stanton, J., who made findings and ordered judgment in favor of plaintiff for an absolute divorce and granted alimony to defendant as stated at the end of the opinion. From the judgment entered pursuant to the order for judgment and from the order denying her motion for a new trial, defendant appealed. Order denying new trial affirmed.

Upon the relation of Frank Murphy this court granted a writ of habeas corpus directed to Henry Wolfer, as warden of the state prison at Stillwater, requiring him to show cause why relator was detained in custody.

Action in the district court for Freeborn county to recover $600. Tbe case was tried before Kingsley, J., wbo sustained the demurrer ■of defendant Basmussen to tbe complaint and overruled tbe demurrer •of plaintiff's to tbe separate answer of defendant bank, and dismissed tbe case on tbe merits when tbe plaintiffs rested.

Action in the district court for St. Louis county to recover $8,300 for personal injury. The answer, among other matters, alleged that whatever injuries were sustained by plaintiff were by reason of his negligent and foolhardy conduct in attempting to pass between the cars of the train, with the engine attached, which was then being operated by defendant railway company.

Action in tbe district court for Eoek county to recover $3,599.36. The case was tried before Nelson, J., wbo denied plaintiff’s motion for a directed verdict in bis favor, and a jury which returned a verdict in favor of defendant. Erom an order denying his motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $222.25, balance due under a contract of hiring. The case was tried before Bardwell, J., who denied defendants’ motion that the court instruct the jury plaintiff should not recover to exceed $4.75, and that he recover no damage whatever for the alleged breach of contract, and a jury which returned a verdict for $152.24 in favor of plaintiff.

Action in tbe district court for Grant county to recover $1,000 for damage caused by the diversion of surface water from its natural watershed.

Action in tbe district court for Hennepin county to recover $425.-16 paid by plaintiff, and that tbe amount so paid with interest and costs of tbe action be decreed to be a specific lien against tbe real estate described. From an order, Jelley, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Stearns county to foreclose plaintiff’s lien for $833.50 for materials upon the real estate of defendant corporation.

Action in tbe district court for Goodbue county by tbe administrator of tbe estate of Andrew Naum, deceased, to recover $7,500 for tbe death of bis intestate while in tbe employ of defendant. Tbe answer alleged that tbe death of tbe intestate was caused by reason of bis negligence or solely by reason of tbe risks and dangers incident to tbe business in which tbe deceased was then engaged.

Action in the district court for Hennepin county against Lewis II. Starrett and Abraham L. Oornman, doing business as Starrett & Oornman, and Hennepin Avenue Methodist Episcopal Church, to foreclose a lien for $451.12 for materials furnished defendant corporation and by a sale of the premises therefor. The Schurmeier Wagon Oo. and others intervened.

Action in tbe district court for Ramsey county by tbe administrator of tbe estate of William M. Ward, deceased, to recover $35,000 for tbe death of its intestate. Tbe case was tried before Olin B. Lewis, J., and a jury wbicb returned a verdict for $4,462.50 in favor of plaintiff. From an order denying its motion for judgment .in its favor notwithstanding tbe verdict or for a new trial, defendant appealed.

Action in the district court for Yellow Medicine county to recover $64.02 for services as auctioneers. From an order sustaining defendant’s demurrer to the complaint, Qvale, J., plaintiffs appealed.

Upon tbe relation of James M. Furlong, tbe district court for' Ramsey county granted its writ of certiorari directed to Henry Me-Coll, as commissioner of public safety of tbe city of St. Paul, and to tbe city of St. Paul, to review tbeir action in dismissing-relator. Tbe respondent commissioner made return and tbe matter was beard before Brill, J., wbo quashed tbe writ. Prom tbe judgment entered pursuant to tbe order quashing the writ, relator appealed.

Action in the district court for Waseca county to recover $25,750 for personal injury from an automobile owned and in the control of defendants. The case was tried before Childress, J\, who when plaintiff rested denied the motion of defendants Dieudonne to dismiss the action as to them and at the close of the testimony their motion for a directed verdict.

Action in the district court for Winona county by the administrator of the estate of Frank .Bademacher, deceased, to recover $7,500 for tbe death of his intestate while in the employ of defendant. The answer alleged that there were no risks or dangers incident to decedent’s employment which he did not know or appreciate, or were not readily observable, and that he assumed the risks and ■dangers as the result of which he came to his death.

Action in tbe district court for Jackson county. The facts are stated in the opinion. The ease was tried before Quinn, J., and a jury which returned a verdict for $318 in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.

Two actions in the district court for Itasca county against defendant railway company to recover $4,500 and $5,366, respectively, for unlawful discrimination in freight rates. The facts are stated in the opinion. The cases were tried before Stanton, J., who at the close of the testimony in the Seaman case denied defendant’s motion to dismiss the action and in each case denied defendant’s motion to direct a verdict in its favor.

Action in the district court for Clay county to recover $200. The case was tried before Nye, J., who denied defendant’s motion to direct a verdict in his favor, and a jury which returned a verdict for $88 in favor of plaintiff. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Upon tbe relation of tbe city of St. Paul tbe district court for Bamsey county granted its writ of mandamus requiring defendant to proceed and construct forthwith a double track line of street railway upon St. Clair street from West Seventh street to Oxford street, in tbe city of St. Paul, and when so constructed to operate cars thereon, or show cause why it bad not done so. Defendant made return and answer to tbe writ and prayed that a peremptory writ be denied.

Action in the municipal court of Minneapolis to recover $13.90. The answer was a general denial. The case was tried before Montgomery, J., who directed a verdict in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s policy or certificate of insurance upon the life of Getal Segal. The case was tried before Olin B. Lewis, <L, and a jury which returned a verdict in favor of plaintiffs for the amount demanded. From an order denying its motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court of Hubbard county to determine adverse claims to certain real estate. The answer set up the judgment and execution sale mentioned at the beginning of the opinion and prayed that defendant be adjudged to be the owner of the property.

Action in tbe district court for Hennepin county to recover $25,-500 for personal injury received while a passenger upon one of defendant’s street cars. The answer set up a former action between the parties upon the same cause of action wherein judgment was duly docketed, upon the merits thereof, against the plaintiff in this action in the sum of $11 and in favor of defendant. The case was tried before Hale, J., who made findings and ordered judgment dismissing the action.

From au order of the clerk of the district court for Crow Wing-county taxing costs and disbursements in favor of the defendant and against tbe National Citizens Bank of Mankato, as intervener, tbe intervener appealed to tbe district court. Tbe taxation was sustained, Stanton, J. From tbe judgment for $574.06, entered pursuant to tbe order for judgment, tbe National Citizens Bank of Mankato appealed.

Action in tbe district court for Hennepin county by the administrator with the will annexed of the, estate of Mary Elizabeth Cooke, deceased, to recover $5,000 upon defendant’s policy upon the life of his testate. The case was tried before Booth, J\, who at the close of the testimony denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $5,645.83.

Erom an order of the probate court granting the petition of Catherine Horbach, widow of Daniel Horbach, deceased, that she be allowed personal property of decedent of the appraised value of $500, Luey Horbach, as executor of the last will and testament of said decedent, and in his own behalf as one of the heirs, legatees and devisees of said decedent, appealed to the district court for Dakota county.

Action in the district court for Hennepin county by the children and sole heirs of James P. Christenson, deceased, against Mary Madson, substituted by order of court for Danish Brotherhood in America, to recover $1,000 upon its certificate upon the life of James P. Christenson. The case was tried before Jelley, J., who made findings and ordered judgment in favor of defendant. Prom an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Ramsey county to recover $10,500 for persona] injury. The case was tried before Catlin, J., who granted the motions of defendants Towne and Joesting to direct verdicts in their favor and denied a similar motion by defendant Whitford. The jury returned a verdict for $5,000 against defendant Whitford. From the order denying her motion for a new tria] as to defendants Towne and Joesting, plaintiff appealed.

Action in tbe district court for Isanti county by tbe administrator of tbe estate of Emmett Niles, deceased, to recover $7,560 for tbe death of bis intestate. Tbe case was tried before Giddings, J., and a jury wbicb returned a verdict for $7,500. Erom an order denying its motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Watonwan county. The case was tried before Pfau, J., wbo made findings and ordered judgment in favor of plaintiff. Erom an order denying bis motion for amended findings of fact and conclusions of law or for a new trial, defendant appealed.

Action in the district court for Blue Earth county to recover $1,250 under a contract for payment of royalties. The case was tried before Pfau, J., who denied defendant’s motion to dismiss the action and its motion for an instructed verdict in its favor, and a jury which returned a verdict in favor of defendant. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Waseca county to recover $3,000 for personal injury sustained while in the employ of defendant. The case was tried before Childress, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony defendant’s motion to direct a verdict in its favor, and a jury which returned a verdict for $1,500.

Action in the district court for Ramsey county to recover $1,000 upon defendant’s benefit certificate upon the life of Barth Geronime, deceased. The facts are stated in the opinion. The case was tried before Dickson, J., who granted plaintiffs’ motion for a directed verdict in their favor for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for Pennington county 'to recover $1,-150. Tbe facts are stated in tbe opinion. Tbe case was tried before Grindeland, J., wbo denied defendant’s motions for dismissal of tbe action and for a directed verdict in its favor, and a jury wbicb returned a verdict for $660. From tbe judgment entered pursuant to tbe order for judgment, defendant appealed.

The People’s Ice Company was indicted by the grand jury of Ramsey county of unlawfully entering into a combination in restraint of trade wbieb tended to control and regulate the price of ice, was tried in the district court for Dakota county before Johnson, J., and a jury, convicted and sentenced to pay a fine of $2,000. From the judgment and sentence the People’s Ice Company appealed.

Action in tbe district court for Hennepin county for $1,423.04, to obtain judgment that the assignment from defendant to Jennie M. Thompson was fraudulent and void, to impress the proceeds of the policy of fire insurance issued by the garnishee company with an equitable lien, and to require it to be turned over to plaintiff to the full extent of its claim. Jennie M. Thompson intervened. The Fidelity-Phenix Fire Insurance Co. of New York was garnisheed.

Action in tbe district court for Wilkin countj to recover a balance of $488.70 upon a promissory note. Tbe answer alleged that on tbe day mentioned defendant was intoxicated and deprived of bis reason and understanding, and while so intoxicated plaintiff, taking an undue advantage of bis condition, induced bim to sign bis name to tbe note.

Certain of tbe interveners in tbe above entitled action obtained from tbe district court for Pine county an order directing tbe Pine City Electric Power Co. to show cause wby it should not be punished for contempt in failing to obey tbe judgment as to tbe provision with regard to interfering with tbe natural flow of water in Snake river and wby it should not indemnify tbe same parties for tbe resulting damage.

Action in tbe district court for Eamsey county by tbe administrator of tbe estate of Joseph Namie Hodge, deceased, to recover $7,500 for tbe death of bis intestate while in tbe employ of defendant Hoy & Elzy Co. Tbe case was tried before Olin B. Lewis, J., who granted tbe motion of defendant Dumbrowsky and that of tbe railroad company to dismiss tbe action as to them and denied motions of tbe other defendants to dismiss tbe action as to them, and a jury which returned a…

Action transferred to tbe district court for Lac qui Parle county to recover an assessment of $17.68 levied upon defendant as member of plaintiff company. Tbe case was tried before Qvale, J., wbo denied defendant’s motion to dismiss tbe action and plaintiff’s motion for a directed verdict, and a jury wbicb returned a verdict in favor of defendant. Prom an order denying its motion for judgment in its favor notwithstanding tbe verdict or for a new trial, plaintiff appealed.

Action in tbe district court for Dakota county to recover judgment for $297.95 and to foreclose a mechanic’s lien for tbe same upon tbe premises described in tbe complaint. Tbe case was tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff. Erom tbe judgment entered pursuant to tbe order for judgment, defendant Morawetz appealed.

Defendant was indicted by the grand jury of Douglas county of the crime of manslaughter in the second degree. He was tried before Parsons, J., who overruled defendant’s demurrer to the indictment, and at the request of defendant certified to this court the question whether the court erred in overruling the demurrer of defendant or in refusing to sustain any of his objections to the indictment.

Action in tbe district court for Ramsey county to recover $15,000 for personal injury received while in tbe employ of defendant.

Action in tbe district court for Hennepin county to recover $500 upon a promissory note. Tbe defense is stated in tbe opinion. Tbe case was tried before Steele, J., and a jury wbicb returned a verdict in favor of plaintiff for tbe sum demanded. From an order denying tbeir motion for a new trial, defendants appealed.

Action in the district court for St. Louis county to recover $1,900 upon two promissory notes. The case was tried before Ensign, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to recover $347.-23. The answer, among other matters, alleged that the weights of the grain shipped under the bills of lading mentioned in the opinion when inserted therein were inserted “weights subject to correction” and were inserted by plaintiff or at its dictation and without any knowledge by defendant of the actual weights of the grain so delivered.

Action in the district'court for Ramsey county to enjoin defendant from using a certain passway 12 feet wide on the easterly side of the northerly 65 feet of lot 6 mentioned in the opinion. The case was tried before Catlin, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for an amendment of the findings and for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $10,000 ior interference with a certain easement of plaintiff and for judgment removing all obstructions to the easement in question. The action was tried before Catlin, J., who made findings and ordered judgment •in favor of defendants. From an order denying his motion for amendment of the findings and for a new trial, plaintiff appealed.

Action transferred to the district court for Isanti county to ascertain the value of plaintiff’s professional services and to recover judgment therefor. The answer specifically denied that plaintiff ever rendered any services to defendant. The case was tried before Gid-dings, J., who made findings and ordered judgment in favor of defendant. Plaintiff’s motion for a new trial was denied. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.

John Anderson gave notice of contest and appealed to the district court for Le Sueur county from the canvass of votes cast at the annual election of the city of Le Sueur held on April 1, 1911, and the decision of the common council of that city that 225 votes were cast thereat in favor of, and 212 votes were cast thereat against, granting license for the sale of intoxicating liquor in that city.

' Action in the district court for Waseca county by the executor of the last will and testament of Swan P. Peterson, deceased, to recover $2,100 upon two promissory notes. Erom an order, Childress, J., granting defendant’s motion to strike the case from the calendar and directing the clerk of court to transmit the files to the district court for Hennepin county, plaintiff appealed.

Action in the district court for St. Louis county to recover $6,800 for injury received by plaintiff in a collision with defendant’s street car. The answer alleged that the accident was not caused by any negligence on the part of defendant and was caused by plaintiff’s negligence. The case was tried before Cant, J., who denied defendant’s motion for a dimissal of the action and its motion for a directed verdict, and a jury which returned a verdict for $900.

After tbe former appeal, reported in 115 Minn. 78, 131 N. W. 1067, tbe case was tried before Cant, J., wbo made findings and ordered judgment for $2,122.50 against defendant Hilliard and in favor of defendant bonding company. Erom an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $2,550 for injury received while in the employ of defendant. The case was tried before Dickinson, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,180. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for 'Big Stone county against A. D. O’Brien and the Big Stone County Bank to recover $600 upon the order which appears at the beginning of the opinion. The defense is stated in the opinion. The case was tried before Flaherty, J., who at the close of plaintiff’s case denied defendants’ motions to dismiss the action, and a jury which returned a verdict for $606.32 in favor of plaintiffs.

Action in the district court for Hennepin county by tbe receiver ■of the Winslow Furniture & Carpet Co. to recover $5,000 upon defendant’s constitutional liability as a stockholder in that company. The answer among other matters denied that defendant ever subscribed for, acquired, or became either the owner or holder of shares of stock in that company and set up the facts stated in the opinion.

Action in the district court for Ramsey county against W. A. Wells and H. W. pfennig to recover $25,000. The facts are stated in the opinion. Tbe case was tried before Brill, J., who made findings and ordered judgment in favor of defendants. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Marshall county to recover $6,000 under R. L. 1905, §§ 4149, 4268, being treble the value of the property destroyed. The case was tried before Grindeland, J., and a jury which returned a verdict for $500. Erom an order denying its motion for a new trial, defendant appealed.

After the former appeal reported in 123 Minn. 97, 143 N. W. 112, the case was retried before Catlin, J., and a jury which returned a verdict of $5,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for Hennepin county to recover $15,-200 for personal injury received while in tbe employ of defendant. Tbe case was tried before Leary, J., who denied defendant’s motion to dismiss tbe action and its motion for a directed verdict, and a jury which returned a verdict for $1,000. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $15,668 for personal injury received in a collision with defendant’s automobile. The answer alleged that the injuries were caused by plaintiff’s negligence. The case was tried before Dickson, I., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $8,000. From an order-denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for Waseca county to recover $325 for injury to plaintiff’s borse. Tbe facts are stated in tbe opinion. Tbe case was tried before Childress, J., wbo when plaintiff rested denied separate motions on tbe part of defendants' to dismiss the action, and a jury which returned a verdict for $250 in favor of plaintiff. From an order denying their separate motions for a new trial, defendants appealed.

Action in tbe district court for Ramsey county by tbe administra-trix of tbe estate of Martin J. Boos, deceased, to recover $7,500 for tbe death of ber intestate while in tbe employ of defendant. Tbe case was tried before Kelly, J., and a jury, 10 members of which signed a verdict for tbe amount demanded. From an order denying its motion for judgment notwithstanding tbe verdict or for a new trial, defendant appealed.

Upon the relation óf E. L. Larson, the district court for Houston county issued its writ of habeas corpus directed to Even Halverson, Anna Halverson and Sophia Halverson. The matter was heard by Kingsley, J., who ordered judgment awarding the custody of relator's minor child to respondents. From that order relator appealed.

Action in the district court for Hennepin county to recover $2,500 upon defendant’s promissory note. The defense is stated in the opinion. The case was tried before Booth, J., and a jury which returned a verdict in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Hennepin county to recover tbe value of 220 shares of defendant’s stock wbieb it was alleged defendant bad converted. Tbe case was tried before Waite, I., wbo denied defendant’s motion for an instructed verdict and a jury wbieb returned a verdict for $71.25. Defendant’s motion for a new trial was denied. Erom tbe judgment entered pursuant to tbe verdict, plaintiff appealed.

Action of ejectment in the district court for Houston county. The answer set up title by adverse possession of one of the village lots described in the complaint and disclaimed title or possession to the other lot. The case was tried before Kingsley, J., who denied plaintiff’s and defendant’s motions for directed verdicts, and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for judgment notwithstanding the verdict was granted.

Action in the district court for St. Louis county to recover $25,350 for personal injury received while in the employ of defendant. Prom an order, Hughes, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in tbe district conrt for Hennepin county to recover $300 for injury to plaintiff’s electric automobile, caused by tbe negligence of defendant and its servants. Tbe case was tried before Montgomery, J., and a jury wbieb returned a verdict in favor of defendant. From an order denying ber motion for a new trial, plaintiff appealed.

Action in the municipal court of Mankato to recover the reasonable value of the use of plaintiff’s building from October, 1913, to November, 1914. The case was tried before Comstock, J., who denied the motion of defendant Moore to dismiss the action and a jury which returned a verdict for- $87.50. From an order denying defendant Moore’s motion for judgment notwithstanding the verdict or for a new trial, she appealed.

Action in tbe district court for Kamsey county against tbe administrator of tbe estate of Elizabeth M. Kartak, deceased, and tbe beirs at law of tbe decedent, to set aside a decree of divorce, to declare plaintiff to be tbe lawful surviving spouse of decedent, and that be be allowed to share in her estate. Tbe case was tried before Dickson, J., who made findings and ordered judgment in favor of defendants. From an order denying bis motion for a new trial, plaintiff appealed.

From a decision of tbe common council of tbe city of Duluth, acting as a canvassing board after tbe general municipal election in that city for tbe election of a mayor and commissioners thereof held on April 1, 1913, determining that William I. Prince bad received 3,132 votes for mayor at that election and was duly elected mayor of that city, Bernard Silberstein, candidate for the office of mayor at that election, appealed to the district court for St. Louis' county.

Action in the district court for Ramsey county to determine adverse claims. The case was tried before Kelly, J., who made findings and ordered that the action be dismissed because of the pendency of a former action. From tbe judgment of dismissal, entered pursuant to tbe order, plaintiff appealed.

Action in tbe district court for Hennepin county to recover a balance of $2,500 alleged to be due under a certain contract. Tbe facts are stated in tbe opinion. Tbe case was tried before Dickinson, J., and a jury wbicb returned a verdict in favor of defendant, and special findings as stated in tbe opinion. Erom an order granting plaintiffs motion for a new trial, defendant appealed.

Action in the district court for Kamsey county to recover $3,000 for personal injuries received' while in tbe employ of defendant. The answer denied negligence or want of care on defendant’s part, and alleged that the accident and injury were in part at least caused or induced by the negligence of plaintiff, that the conditions under which plaintiff was working at the time of the accident were patent and observable, and that he appreciated the risk.

From an order of the district court for St. Louis county, Fesler, J., granting defendant’s motion to set aside a judgment against it for the sum of $5,201.90, for tbe reason that the judgment was entered because of its excusable neglect, and permitting it to defend the action, plaintiff appealed.

Aetiou in tbe district court for Hennepin county to restrain defendant from obstructing a certain street and alleyway or from further excavating or constructing or maintaining a tunnel or maintaining or operating any cars or other devices in said excavation or tunnel in any way to interfere with tbe free use of tbe alley or street as a public highway, and that they be restored to their normal condition.

Action in the district court for Ramsey county to recover $750' balance alleged to be due for services and supplies. The case came on for trial before Dickson, J., who granted defendant’s motion to dismiss the action. From an order denying plaintiff’s motion for an order vacating the dismissal of the action and for a new trial, plaintiff appealed.

Peter L. Newmau and William J. Sullivan were indicted by the grand jury, tried in the district court for Crow Wing county before McClenahan, J., and a jury, and convicted of the crime of kidnapping. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Wabasha county to recover $1'T0.04 upon an implied contract. The facts are stated in the opinion. The case was tried before Snow, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. Prom an order denying defendant’s motion to vacate the verdict and for a new trial, he appealed.

Upon the petition of Lyndon A. Smith, as attorney general of the state of Minnesota, this court granted its writ directing the village of Gilbert and the trustees of that village to show quo warranto they held and exercised their authority and offices in certain territory described in the writ, and to show cause why the annexation proceedings mentioned in the opinion should not be declared illegal and void, and why the individual respondents should not be ousted.

Action to recover possession of certain land. Defendant’s motion in the district court for McLeod county for judgment on the pleadings was granted, Morrison, J. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Stearns county to recover $10,113 for personal injury received by plaintiffs minor son while alighting from a street car, by collision with defendant’s automobile. The answer denied negligence on defendant’s part and alleged that plaintiffs son not only contributed to, but proximately caused, the collision. The case was tried before Roeser, J., and a jury which returned a verdict in favor of defendant.

Action in tbe district court for Hennepin county to recover $10,-lYO for personal injury sustained through collision with defendant’s motor truck. The facts are stated in tbe opinion. The case was tried before Hale, J., and a jury which returned a verdict in favor of plaintiff for $2,166. From an order denying defendant’s motion for a new trial, it appealed.

Action in tbe district court for Hennepin county to recover $30,-000 for personal injuries received while in the employ of defendants. The answer denied negligence on defendants’ part, and alleged that the physical conditions under which plaintiff was working at the time of injury were easily observable and well known to him, and that he assumed the risks. The facts are stated in the opinion.

Action in tbe district court for Crow Wing county to recover possession of land or $11,300 damages caused by tbe construction of & railroad upon it. Tbe facts are stated in tbe opinion. Tbe case was tried before MeClenahan, J., wbo ordered judgment on tbe pleadings in favor of defendant. From tbe judgment entered pursuant to tbe order for judgment, plaintiff appealed.

Appeal by defendant from an order of tbe district court for McLeod county, Morrison, J., denying a motion for a new trial, after a trial and conviction of tbe crime stated in tbe opinion.

Action in the district court for Norman county upon four causes of action to recover $10,000, damages caused by the wrongful diversion of water from plaintiff’s mill.

Action in the district court for Mower county by tbe administratrix of the estate of Clifford Crandall, deceased, to recover $35,000 for tbe death of her intestate while in defendant’s employ. Tbe answer denied any negligence on tbe part of defendant, and alleged that tbe death of tbe intestate was caused by bis own negligence; that be knew and appreciated tbe hazards of tbe employment and assumed tbe risk.

Action in the district court for Hennepin county to recover $667.29 for money had and received. The answer was a general denial. The case was tried before Booth, J., who made findings and ordered judgment in favor of plaintiffs for $513.84. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Defendant was indicted by the grand jury, tried in the district court for St. Louis county before Cant, J., and a jury, and convicted of keeping a house of ill-fame. Erom an order denying her motion for a new trial, defendant appealed.

Action in tbe district court for Ramsey county to recover $3,500-for personal injury received while in the employ of defendant. The answer alleged that the injuries were in part'at least caused by negligence on the part of plaintiff and that plaintiff knew and assumed the risks incident to his employment. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $2,000.

Defendant was indicted by tbe grand jury, tried in the district court for Wright county before Giddings, J., and a jury, and convicted of the crime of wilfully cutting down standing timber on the land of others. From the judgment of conviction, defendant appealed.

Action in the district court for St. Louis county by the adminis-ratrix of the estate of Henry O. Gronlund, deceased, to recover >7,500 for the death of her intestate. The case was tried before lancer, J., and a jury which returned a verdict in favor of plaintiff for $4,187.50. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants Mosberg and the packing company appealed.

Action in the district court for Anoka county to recover $27,000 for personal, injury received while in the employ of defendant. The answer alleged that if plaintiff sustained any injury, it was through his own negligence and failure to exercise the care of an ordinarily prudent person for his own safety. The case was tried before Giddings, J., and a jury which returned a verdict for $1,750 in favor of plaintiff.

Action in the district court for St. Louis county by Stanley Bashko against the Virginia & Rainy Lake Co. to recover for personal injury received while in its employ. The case was tried before Fesler, J., who made findings and ordered judgment for $1,000, payable at the rate of $10 per week for a period of 100 weeks, in favor of plaintiff.

<p>Appeal dismissed.</p> <p>Appeal from a judgment was dismissed, where there was no settled case or bill of exceptions, no assignments of error, and appellant sought to have reviewed claimed defects in the evidence and errors in the charge to the jury. [Reporter.]</p>

Upon the application of George H. Goodspeed, this court directed Julius A. Sehmahl, as secretary of the state of Minnesota, to desist from further printing, circulating and distributing and furnishing to the proper officials of the state the ballot prepared by him for the submission of the proposed amendments to the Constitution of the state at the general election in November, 1914, and to proceed to prepare and make as the official ballot upon which should be submitted the…

Action by 28 plaintiffs against defendant telephone exchange company and the aldermen and recorder of the city of Luverne to restrain the passage and publication of a city ordinance. The defendants demurred individually and collectively to the complaint. The matter was heard before Nelson, J., who denied plaintiffs’ application for a temporary injunction, set aside the temporary restraining order made by the court commissioner, and sustained the demurrers.

Action in the district court for Norman county to recover $5,000 for personal injury received by plaintiff’s minor son through defendant’s negligence. The case was tried before G-rindeland, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $600 in favor of plaintiff. Prom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $50,000 for personal injury received while in the employ of defendant. The ease was tried before Kelly, J., who denied defendant’s motions for dismissal of the action and for a directed verdict in its favor, and a jury which returned a verdict of $10,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

From a judgment in justice court in favor of defendant, plaintiff appealed to the district court for Grant county. The appeal was heard before Flaherty, J., who when plaintiff, rested granted defendant’s motion to dismiss the action. From an order denying its motion for a new trial, plaintiff appealed.

In proceedings in the district court for Hennepin county for the dissolution of the Waterbury Implement Co., Robert J. Elliott filed a claim for $1,125 for rent. The allowance of the claim was objected to by H. L. Barker, receiver and trustee of that company. The matter was heard before Jelley, J., who made findings amending the claim, and ordered judgment in favor of claimant for the sum of $2,458.25. From the order allowing the claim, the trustee and receiver appealed.

Action in the municipal court of St. Paul to recover $400. The case was tried before Hanft, J., who made findings and ordered judgment for $250 in favor of plaintiff. Prom an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of St. Paul to recover $46.01. The action was tried before Hanft, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Prom the judgment entered pursuant to the order for judgment, defendant John P. Fitzpatrick appealed.

Action in the district court for Ramsey county to recover $25,000 for personal injury received while in the employ of defendant. The case was tried before Brill, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

After the decision in the appeal reported in 126 Minn. 260, 148 N. W. 106, plaintiff moved that the remittitur b@ sent to the court below without payment of the judgment for costs.

Upon the relation of E. E. Kelly this court granted its order directing Honorable Arthur B. Childress, as judge of the district court for Rice county, to show cause why a peremptory writ of mandamus should not issue commanding him to settle a proposed case in the action entitled State ex rel. Klemer v. Kelly.

Prom an order of the board of supervisors of- the town of Tyrone denying his petition to lay out and establish a certain highway, William Jentz appealed to the district court for Le Sueur county, where the appeal was heard before Morrison, J., and a jury which returned a verdict in favor of appellant. Prom an order denying its motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $365.95 for goods sold and delivered. The case was tried before Bardwell, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff for the amount demanded. Plaintiff’s motion for a new trial was denied. Prom the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Norman county to recover $4,000. The case was tried before G-rindeland, J., who denied defendant’s motions for a directed verdict on each cause of action and on both causes of action, and a jury which returned a verdict for $1,700 in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.