few DISTRICT COURT, operating it, They are charged with of such employee or agent of the company different nature and wlioUy independ J.I.CASE&C0. BROWN COUNTY. $ the master's duty tothe servant. They in the performance of the work ent of those of Kraft*'(Plff,), occupying are employed in distinct and iudependant of such company. to the latter the relution, substan-, ISAAC BROWN departments of service." tially, of Principal he was in. no just, This rale is.supported by authorities vs. Cent. Law J. Aug. 22nd 1879157. sense a fellow servant, nor engaged in of equal weight though less in number THE WINONA ST. "The liability of the master "says what may properly be denominate a than the contrary rule, and iu our Bacine, Wis. PETER RAILROAD CO. TRAVELER'S GUIDE. justice Bigelow in 8 Allen 447" arises common service." The middle man, judgment, by, the greater weight of This action was brought on for trial Annually manufacture and sell more whether he attempts the duty himself for whose acts the company was .held reason and sound principle." \*& and duly tried before the court and a THRESHI NG MACHINES Loreno Station. or intrusts it to an agent." liable, however, was a foreman of the {Comment is superfluous, but quere. Jury, at the MayGeneral Term thereof Cole J. in the first case cited also quary where plaintiff was at work and Did Jacks do any work in common 0 1879, Messrs. Pierce, Webber& Thompson I Than anyother Firm in the World. savs: "The fact that it is a duty where the foreman was personally engaged with the day laborer, the Plff was he appearing for the Plaintiff, and Winona Saint Peter Railway. which must always be discharged, himself in the work. Again at work at all with him or have any Hon. Thos. Wilson for defendant. when the master is a corporation, by says the court: "The relation between intercourse or connection with him Eastern Div. Arrive, Depart. Upon the trial the Jury found a verdict officers and agents.doesnot relieve the them was such as brings the case clearly other than to use some very harsh and Day Passenger *6,25 p.m. *5,25 a-m for the Plaintiff for 80,000.00, upon corporation from liability." within the rule established by repeated strong language to him on this sole which a case was made and finally Night Pass'ger 19,30 a.m. *3,35 p.m adjudications of this court and The following extract is inserted and only occasion they were thrown settled and approved August 12,1879. Freight *3,25 p.m. *6,25 a.m now firmly settled in the jurisprudence here because it sounds almost like unto together? Immediately thereupon and upon such Freight *145 a.m. *4,50 p.m of this state, that when one servant is Jacks testimony: "The act of the servant KENTUCKY. The case of L. & N. R. settled case, Ac, defendant moved for placed by his employer in a position of is the act of the master where the Western Div. Arrive. Depart. R. v. Collins 5 Am L. R. N. S. Chief a new trial for error in the charge of #3,30 p,m. *0,45 a.m subordination to, and subject to the duty is defined by precise orders, and J. Robertson, certainly a very distinguished SOLD MEDAL at PARIS Passenger the court in giving and refusing certain orders and control of another, and such Pain cannot stay where it is used It is the cheapest medicine ever made. Five drop* cover a sur- where something is directed to be done jurist, nses the followingpointed instructions given and asked for Freiglit 4,15 p. m. 4,00 a. m. face as larze as the band. One dose cures common sore tin oat One bottle has cured bronchitis Fifty inferior servant, without fault, and and the manner of doing it is left language: "Among common Medal of Honor and Diploma cents has cured an old standing cough. It positively cures catarrh, asthma and croup. Fifty cents by deft, on the trial. These latter to while in the discharge of his duties, is of Merit, at the wholly to the discretion of the servant, Minneiota Valley Railway. worth has cured criok in the back, an 1 the same quantity lame back of eight years standing It cure* laborers constituting a distinct class* the number of Twenty-eight being swelled neck and all other tumors, rheumatism, neuralie ii, contraction of the muscles, stitt joints spi- injured by the negligence of the superior the judgment exercised may be considered Centennial Exposition all standing on the same platform of handed to the court, after the close of Arrive. Depart, nal difficulties, and pain and soreness no matter where it mv be, nor from whit cause it may arise, it servant, the matter is liable for the judgment of the master and equality and power, and engaged in always does yon good. Twenty-five cents woith has enrol bad canes of chronic and Woo ly dysentery the argument by deft's. councel, as an Redwood Accom. *5,15 a.m. *6,35 p.m such injury." One teaspoonfull csies coilc in fifteen note- It will me iny case of piles that is possible to cure he must be answerable. 10 Bing. 385. merely incidental but independant service, PHILADELPHIA. entirety, of which twenty or thereabout Six or eight applications are warranted to cure any tus i ex, iriated nipples or mfl imed breast Far X3T* Except Sunday. Except Monday. no one of them, as between himself SCOTLAND: See Scotch case Bartonshill R. R. v. Stevens 20 Ohio 405, Same bruises, if applied often and bound up, thei 3 is never th lu'itss discoloration oftbe skin It stops were given as asked, the remainder Highest Award and Silver Medal at Freight trains arriving here from the pain of a burn ap soon as applied, and is a positive ire for chilblains,antrosted feet, boils, \rt=.,s and liis co-equal, is the corporation's Colliery cases 3 Macq. 266. v. Keary 3 0, St 201. R. R. v. Devmny refused. On the 19th of August, a riO cents $ 1 Tria size i cent OHIO STATE FAIR, 1878. corns, and wounds of e\ery description on man or beast Pri. a the East at 1,45 a. m. and 3,25 p. m. agent, and when this is not the 300. Negligence of Collaborates 17 ib 197. paper purporting to be a duly served FOSTTK MILBUKV & CO Sole Propuetors, Buffalo, N facts but the employers are so far removed Campbell Negligence Sec. 70 & Ld. carry passengers from Kasota. .First Premium Gold Medal notice of motion for new trial, was MINNESOTA. Counsel for deft laid For sale by Jos Bobleter, New Ulm, Mnm from each other that the one is Brougham's opinion in curiae ib. ENGLAND. received from deft's. counsel assigning great stress on the cases cited in 14 & COLORADO. I CALIFORNIA JOHN A. WHITE, Agent. FRE E I bound to obey the directions of the the further cause and reason for a new 20th Minn. As to the first, the court R. 2 Ex. 30. KANSAS: In A VALUABLE INVENTION. other so that the superior may be fairly K. P. R. R. v. Little 19th, K. 17th. trial "That the verdict is contrary to expressly ignores the vital question involved St. Paul & Sioux City R. R. regarded as representing the master, Am Rail. Repts 455. Plff. was a laborer law and is not justified by the evidence." in this case, because it says it Sioux City & St. Paul R. R. we think it more consistent with reason employed on aculveit building is not necessary to pass upon it, and Worthington & Sioux Falls R.R. & justice to treat the matter as not for company under one Owens, a foreman THE WORLD RENOWNED the second case came before the coui As this latter point was not mentioned coming within the piinciple of the over the woik. O. did not furnish chiefly upon a question of defective WILSON SEWING MACHINE iu the extremely long and able argument THIS OLD RELIABLE rule." anything but could hire and discharge machinery, not certainly a point argued of, nor yet in the brief furnished SIOUX CITY ROUTE men. Through O's neglect the in this case before me. Which decesion wrings from Mr. by counsel lor deft, or reference made pl'ff's intestate was killed. Held not But this court has passed upon the RedHeld the acknowledgement that he thereto, it can hardly be said that it is Eclipse%Apron Machines fellow servants and def liable. Compare in workmanship is equal to a Chronometer Watch, and question and fully adheres to the rule is compelled to the conclusion that the a subject for consideration at this this with Hoffnagle case, infra. laid down by the authorities I have as elegantly finished as a first-class Piano. It received The People's Favorite Line, opinion is allogathtr entirely sound in time. Will Thresh, Clean,8ave per day more bushels of IOWA. In 43. 406, Pl'ff was thrown cited. The learned and very distinguished its principles." If so Fiat jusHsia the highest awards ft the Vienna and Centennial Expo- The sole and only question presented Wheat, Rye, Oats, Flax, Timothy and Clover Seed from a gravel train by the sudden judge, in his opinion in the mat coelum." And in this same note than any other Threshing Machine in the United and argued before me by the learned sitions. IT 8EW8 4NE-FOURTH FASTER than other BETWEEN MINN ESOTA movement of train. Def't liableciting case of Thompson et a), v. Drymala 1 States. of Mr.Redfield, mark the language 273. counsel for the deft, is, -'Was Jacks, machinese Its capacity Is unlimited. There are more Thrashers and Farmers save youi Deppi v. C. R, I. R. 36 Iowa 52. N. W. R. No 5 17 says. "When such 5 Am. Register Sup "It is safe therefore th-i admitted road master of the deft., WILSON MACHINES sold In the United States than by purchasing J. I. CASE A master entrusts the performance of In the case of Peterson v. Whitebreash the state that all the cases both a fellow servant of the plaintiff in the AND CO'S THRESHING MACHINES. the combined sales of all the others, The WILSON this duty (keeping track in repair) to a NEBRASKA, COLORADO, Mining Co., manuscript, April English and Ameiican maintain the employ of the defendant, the latter being servant or agent, such servant or agent term, 1879 the court, holding a boss or MENDING ATTACHMENT for doing all kinds of repairing. general rule to the ew/ent of those who MOTION AMD PORTABLE a day laborer or section hand at CALIFORNIA, occupies the place of the master as respects foreman a fellow servant, yet apparently are strictly fellow servants in the same WITHOUT PATCHING, given FREE with each machine. work its such on the line of the deft's s.uch performance, and the negligence approves the doctrine laid down by Missouri, Kansas and Texas. department of service. rail-way? SL| WILSON SEWING MACHINE CO. of such servant or agent in perthe Mr. Wharton, Neglegence Sec. 229, ie, NEBRASKA. Curcuit coiut United No question of negligence nor unfitness v.forming duty is the negligence of responsibility of employer when he Flrst-Class in all Ha Appointment*Elegant States. Judge Dillon, in U. P. R. or unskilfullness of the road-master, the master himself." Sleeping Coachea, Miller Platform*, Westinghouse leaves the performance of the work Ads Frost 11 Am L. Reg. N. S. 101, nor defective machinery, but simply 827 *829 Broadway. New York New Orleans, La. Automatic Air Brakes, and all the approved appliance* -i in the entire discretion of the employee. This case, in my humble judgment, is lays down this rule adverse, it is believed, the question of fellow servant and for WISCONSIN. In Brabbits v. C. & a full, clear and strong enunciation of Cor. State & Madiso Stt Chicago. Ills. and San Francisco, Cal. SPEED, SAFETY, and COMFORT. to deft's position, that "When deft's. liability arrising from roadmaster's X. W. R. R. 38 Wis. 289. Injury by the law, and is as nearly analogous to Robinson a servant under the orders and control acts was argued. negligence of a foreman in shop, per NEW MACHINE SHOP. the case at bar as a case can be, being of another superior servant is directed The counsel for deft did not arraign Ten Hours Time and Hundreds of curia "It is conceeded that had the injury one of injury to a laborer from negligence bj the latter to do an act not in the the objectionable charge by which he Miles Distance Saved, by been caused by negligeuce of the of a simple section boss. usual course of his duty, and while so has been aggrieved seratim but generally Centre Street, Opposite Mueller & master mechaniCinstead of the foreman, taking this Route. FRANCE. I have heretofore referred engaged is injured by the neglegence as a whole, upon the point of master the deft would have been liable, to the law in England and Scotland. For Through Tickets, Time Table*, or other information, of the superior, the master is liable to and servant, claiming the question Soherer's Lumber Yaitl, and this because the master mechanic inI will make a reference, just found, to apply to your Local Agent, or to the the servant injured." Plff. was of master and servant and fellow servant has general supervision and control of General Ticket Agent St Paul NEW ULM, MTNN the French rule on the subject. "To to be one of law, not of fact for jured by the negligence of a lxs of a the whole locomotive department of Train* pas* Kasota Station as follow* TJINEST THRESHING ENGINES, 8-10-15 hom make the commetant responsible for a jury, and cited an English authority shop gang of workmen. ECONOMY* the defendant" (so has Jacks of the Going Eat. Theo. Kobarsch, Prop'r. **fir*siW8gF- the negligence of the prepose the latter sustaining his possition but see Ki inball MISSOURI: In Brothers v. Cutter St. Paul Express 7:40a m. St.Paul accom 12:45 m. track) including the power to employ must be acting "sous les oHires v. Cushman 103 Mass. 194. Crockett 52. 372.14 Am 424. A superintendent Ooliiff Wen t. the workmen therein aud to discharge QPLENDID List of HORSE-POWERS Mounted sous la direction et la surveillance du v. Calvert 8 Ind. 127. Kellogg v. Omaha Rxpress 7:07 in St James a ccommolatio who has entire cot trol of any O Pitts, 4-wheel Woodbury, 2-wheel Woodbury, them, while the functions of the foreman RICHMOND INDIANA commetant." Camp. neg. Sec. 77. U:/7 p. m. I am now prepared to execute all Payne 20 Ind. 575 cited So. Law Rev. Down Pitts, Down Climax, one and two hortf work Ac. is held not to be a fellow are limited and suboidinate. J. W. Bishop, J. F. Lincoln, Sweep, Tread Power. The term commetant is given as em- orders with dispatch, llepaiiing of Vol. 5 No. 2 N. S. July 1879. Also CATALOGUES servant, and for the negligence of such WITH FULL PARTICULARS o) Gen. Manager, Supt. That the deft would have been liable Threshers and Reapeis a specialty. ployerprincipalPrepose overseer. Bissex v.C. & N. W. R. R., N. W Rep. the master is liable 47 ib 567. In case Improvements, etc., sent free on application. W. H. Dixon. General Ticket Agent. had the injury resulted from the My machinery is all new and of the Supeiintendant, keeper one set 4. 20, 200., 70 N. C. 5. C. B. & of Lewis v. St. Louis R. 59 Mo. 495 the M. MULLEN, negligence of the master mechanic is most improved pattern. All work warranted over, in charge, entrusted with. Gasco v. Gregory 58 111. 75. which throw a Established in 1842. court reviewing many authorities and TUT fully established by numeious adjudicated as represented. All those in Fr. Diet, titles commetant et prepose. different light on the subject. Also directly citing Red. on R. 538 (where it is said CHICAGO, cases, and the concession of want of anything in my line are cordially 78 Penn St25. case of Mullen "Corporations should always be regarded counsel was not lmprovidently made. invited to give me a call. v. Steamship Co. &c. In conclusion I am impelled to accept Corner Minn., & Second North Sis as present in an act performed Milwaukee St. Paul But the reasons assigned why the deft the foregoing rule laid down by THEO. KOBARSCH I will not herein go into and consider by their agents within the range of New IJIni, Minn. should beheld liable for the negligence justice Berry, vide also Wood M. & S. the charges as they are all abstract their employment") holds it the duty C. WAGNER of the master mechanic and not for the & Wharton, the latter giving it thus, Keeps a complete line of questions of law, and if the precise of section foremen to keep track in repair R,a,irw-siyf negligence of the foreman seems to us Sec 229. Law of Neg. "When the point before me is one of fact for a SHELF & HEAVY HARDWARE and see everything is safe, notice unsound." employer leaves everything pertaining jury to pass upon,I respectfully submit to him was notice to the company, and IN THE VERY BF.SIJlNn to the work in the hands of a middle Each in his sphere, was the agent of no injury could arise whereby deft, DEALER IN ALL KINDS OF his negligence was the company's negligence. Furniture, man, reserving to himself no discretion, FOR deft, charged with certain duties Carpentei and Fanning Tools, can be aggrieved 13 Minn. 326. 14 ib It is true, in one sense, the WINONA, LA CROSSE, SPABTA, then such middle man's negligence which the latter owed to the public 498. 12 ib. 412 &c. &c. and recent cases section foreman whose duty it was to J. I. Case & Co's. Apron & is the master's negligence for OW ATONN A, PRAIltlE DU and to its servants, and on principal it in Wis. Mich. Iowa, but unaware of superintend the track and keep it clear which the latter is liable." seems quite immaterial that one of Eclipse Threshers, Fish Bros.' CHIEN, MCGREGOR, their practice not referred to. and safe was a fellow servant, as are them was subordinate to the other," 1 can not acceed to the rule claimed Now what are the facts in the case at MADISON. all to a certain extent fellow servants Wagons & Buggies, D. M. Osborne Pictures, Frams, Mouldings MILWAUKEE, CHICABO, &c. This case was considered aud determined by deft's counsel "that all subordinates bar?aThat Jacks was road master on the who are engaged in the same business on common law principles. We build and can furnish & Co's. Full line of ara fellow servants and that road of deft, a proper, competent and or enterprise, but he represented the and Children's Carriages. In the recent case of Bessex v. R. R. there is no superior liability." fit person for such position and had And all Intermediate Points in company in the line of his duty. He PORTABLE ENGINES, REAPERS AND MOWERS. supra, the court says: "In the language filled like positions on other roads piior The employee ona railroad, toiling in was the company in that regardand Minnesota, Wisconsin and Northern Iowa, of the court in Smith v. R. R." 42 to his employment by deft. the burning sun of summer, or facing THE OSBORNE Singer Sewing machine $35.00 his negligence was the company's negligence Wis. 526 "the negligence or misconduct the petting blasts of winter's storm to NEW YORK, New Davis" $35.00 That among other duties and powers in matters in which it owed a Self-Binder, 2 lo 25 Horse Power. of thu officers or employees,whose earn an honest living, the sole support confeired upon him generally and special, duty and obligation to its servants" 47 Wheeler & Wilson $35.00 PHILADELPHIA, duty it is to attend tothose matters, & may hap, of widowed mother, wife CUT OFF SAWS to attach to same. was that of clearing the road of ib 567. BALTIMORE, who pro hac vice, represents the comp. and little ones, has rights as well as Machines sold on time or monthly wrecks and wrecked trains. Stationary Engines, NEW YORK. Here, I admit, very contradictory in the matter, is the negligence or misconduct the man of wealth enjoyiug his ease WASHINGTON payments. That he had charge of the track The Elward Harvester, opinions of those high in of the company" citing 36 and comfort in the luxurious palace car. from Winona westerly to the terrain* the exposition of the law may beThe New England, the Canadas, and all Wis. 657, ib 450, 469. Also Brabbits life of the one is always at risk MINNESOTA ST., NEW ULM, MINN. Steam Boilers, of any size ous of the road owned or controlled found. The case of Flike v, R. R. 53 38 "Wis. sup. & Wedgewood v. R. R. and must be risked for the comfort EASTERN and SOUTHERN POINTS. H.WERRING, by deft, and it was left for him to with wire or twine binder, N, Y. 550 is an authority in point as to 40 ib 478. and safety of the other. The former take up wrecks according to his own 2 liability. Church C. J. says: "The Circular Saw mills, is not a public enemy, but the rule McSHEltRY &, FOUN- judgement, and he had full control of ILLINOIS I am not, by any means, corporation is liable for negligence or contended for goes along way to make DEALER IN the manner and mode of doing it, and sure I can give the accepted construction want of proper care in respect to such him such. Again the latter is assured ND TAIN CITY SEEDERS, AN Improved Head Blocks. had under him and in pursuance of of the question here for an apparent Dry Goods, Notions, Boots & Shoes DAILY TRAINS acts and duties as it is required to perform of ample compensation in case of injury. FURST & BRADLEY his directions the charge and direction divirsity of judicial determination & discharge as master and principal, The former, who goes down to of this business when the plaintiff was seems to create doubt. Between without regard to rank or title of death in his efforts to save a living ST0P0FF GOV ERNOttS, GROCERIE S, injured. It was left to his option how Cultivator*, ftk, Plows & It would seem however from a few Hay St. Paul and Minneapolis and Chicago. the agent entrusted with their performance, freight or even the property of his employer, to use the men and machinery. If the of the leading cases to be this: "One &c. as to such acts the agent caused by the negligence of Medicines & Farming Implements. &C. the best ever made, supeiintendant did not direct him how servant can recover from a common another employee, is denied it, denied occupies the place of the corporation The Chicago, Milwaukee and St. Paul Railway is a piece of work was to be done, he Call and examine my goods and prbes master for the negligence of a fellow Drag saws, saw Tables, etc., etc. the only Vorthwestern Line connecting in same depot the consolation of knowing that his and the latter should be deemed present Golden Gate, Minn. befoie buying elsewhere. would do it without any directions. in Chicago with any of the Great Kastern and servant unless the latter is in the same little ones can obtain from that employer and consequently liable for the Southern Hallways, and is the moat conveniently It was his duty to do so on account of Highest market pi ice paid for produce tine of employment, so says the court M. MULLEN. the wherewithal to buy bread, be* manner which they are performed. located with reference to reaching any depot, Hotel instructions given by Mr.Sanborn, the at least in Gregory ads. v. C. B. & Q. or place of business in that City cause he is nothing but a fellow servant. In the general arrangement and management general supeiintendant, which duties Through Tickets and Through Biggage Checks to R. R. 58, 111. 273, 47 ib. 108. 55 ib 492 of the business he is in the all Principal Cities were defined by Sanborn. "where an employee" it is said "had no Steel Rail Track, thoroughly ballasted, free from discharge of the duty partaining to the He was foreman of the section men &c. WheihrTwilMn How stands the rule in the light of dust. Westinghouse Improved Automatic Air choice but to obey orders and was compelled principal." Brake, Miller's Safety Platform and Coupling on all safety for the traveling public? In the by those above him in authority These extracts from the testimony Passenger Car*. Perhaps in would not be amiss to face of impending danger, shall the to ascend the car &c," also 45 ib 197. of the GeneralSuperintendentjof Road, The Finest Day Coaches and Palace Sleeping Cars. enquire whose duty was it to pick up employees on the train seek first their This Road connects more BnsinessCentres,HenUh The case of McClellans ads v, C. B. & and Mr. Jacks himself fully disclose the wrecks in the case at Jbar & who and Pleasure Resorts, and passe* through a liner own safety? Will the "sauve gui peut" the relation that Jacks bears to the Q. R. R. 84, 111 is one where company country, with grander scenery, than any other Threshing had the exclusive control and entire amongst railroad employees tend to Northwestern Line. defendant. was held for acts of assistant superintendent SILBISTT management certainly not Brown, see the safety of the millions who travel V. V. CARPENTER, whose orders were those of The argument of counsel in this Sen. Pass and Ticket Ae't case of Rose v. B. & A. R. R. 9 Am obtain id Tor new ii)\uitloi)H, or for impro\ements over the lines of railways in the U. S.? the company and resulted in death of S. MERRILL, JNO. C. CAVLT, case has been, as heretofore remarked, in old ones Caveats, Tratle Marks and all R. R. 515, to same point 73 N. Y. 195, so Will the grand and immutable principle General Manager- Ass Gen'IM'ge patent business promptly attended to conductor. 1 Am. R. R. 574. Machines, and as claimed in his brief before me, Doy case, the case of Hoffnagle v. R. of justice and equal rights to all, INVENTIONS THAT HAVE BEEN REJECTED is confined to these propositions: GEORGIA. The case of the C. R. R. THE may still, in most cases, be patented by us Being 55 ib 608 & case of Besie v. N. S. C. favors to none, which entitles every opposite the 8 Patent Office, and engaged in v. Henry 58, Geo. 485. The court "It is not pretended that Jacks was R. 70 N. Y. would seem adverse but I person to a certain remedy in the law PATENT BUSINESS EXCLUSIVELY, we can secure holds the negligence of any officer or agent incompetent. Hence he was a fellow think the court in each case admits CHICAGO AND NORTHWESTERN patents in les time than those who are remote for all injuries he may receive, be sustained of all sizes both for steam and.Horse servant of plaintiff, there can be no recovery the acts of the employer. from Washington and who must depend up. the correctness of C. J. Church's law. by adopting the rule as urged on the mails in all transactions with the Patent on account of his negligence." This may be by virtue of some particular Again it is said in Malone v. Hathaway by counsel? In the interests of humanity Office RAILWAY Powei. 2. The plaintiff and Jacks were fellow statute, I do not know. When Inventors send model or sketeh we make and justice, and with a due regard 64 N. Y. When the servant, by servants within the meaning of search in the Patent Office and advise as to its patentability CLOVERS HULLEHS, to the wellfare and safety of the public, whose acts of negligence or want of NORTH CAROLINA: In Crouchfield IS THE FREE OF CHARGE Correspondence confidential, the rule referred." v. R. R. 76, N. C, 320 Brakeman hurt I respectfully decline so to construe skill, other servants of the common prices low, and NO CHAHGE UNLESS Oldest, HORSE POWERS, The remaining points refer to the PATENT IS OBTAINED. by engineer whilst compling, held, not the law for the first time in this employer have received injury, is the Best Constructed, We refei to Hon. Postmaster General Key, charge and not distinctive points State. fellow servant. This I think agrees alter Ego of the master to whom he Rev. F. Powder, to officials in the S Patent CORN SHELLERS, Most Progressive, claiming error in giving or refusing. with JudgeCooley, who, when carefully Office, and especially to our clients in every State left everything, then the middleman's The motion for anew tiial is overruled of the Union and in Canada For special references, I am therefore called upon to say Best Equipped, read, seems to make distinction between negligence is the negligence of the terms, advice, &c Address and anew trial denied. from the evidence claimed, for, upon ALL SIZES "safety of his premises" "the employer for which the latter is liable. C. A Snow & Co., St. Peter, August 25th, 1879. no other hypothesis can it be asserted, suitableness of the tools, implements, Opposite Patent office, Washingtos, Feed Mills, Endless Chain Everything regarding wrecks was left HENCE THE E. ST. JI LIEN COX, Judge. wrongfully and erroneously submitted machinery or materials he procures or to the entire discreation of Jacks. Powers, Equalizers, Lever to the jury, that Jacks was a fellow Ayer's employes", and the servants he engages I will cite one more case from N. Y. Railway Corporation of the entire servant, of plaintiff. or makes use of" for, whoever is Jacks, Belting, Pulleys, Stevens v. Jewett Receiver N. Y. & "HeyP WEST AND NORTH-WEST The question if, as I respectfully permitted to exercise the master's E. R. R. in 16 Hun. Death from negligence Shafting, &c. &c. &c. submit I believe to be one of fact not Hair Vigor, authority in respect to these matters and by Its accelerated growth hasextended its various Up Woodward avenue apiece is one of shop superintendent. Per. lines and branches to such proportions and by of law, may nevertheless be examined (conjunctively?) "is charged with the of those men who,, even if he understands curia. "The negligence was that of Its extreme liberality hat acquired that Coveted in the light of a few authorities even SPECIAL DISCOUNTS FOR CASH masters duty and the latter is responsible 606 AmtrloMittblbttonEtoslTtd Prim perfectly well an inquiry addressed Popularity that makes It really what it claims to Sup. of repairs &c. He stood in place from a legal stand point, yet fearfull be, the lifltaMlisur Bfttlwur of West for a want of proper caution on to him, invariably replies, of company itself, and any fault on AND SHORT TIME SAVES. anal North-weat Embracing under one with my limited ability and the paucity GREAT PARIMXPOSITION the part of the agent or for his own "HeyP" and the inquiry must be submitted his part was fault of deft." He stands For restoring Gray Hair to Management 2*159 miles Road and of authority at my command, that still E^" Send for Catalogue and Price List. personal negligence". Essay 10. again. The world has tens of forming the following Trunk Lines: in place of principal and his acts in I may err to the prejudice of the great Chicago, Council Bluffs California Line, TENNESEE. In the case of Nash. & thousands of these "heysP" but until Address stating what you wish to uy its natural Vitality and Color. such behalf are in nojust or struct Chicago, Sioux City a Yankton Line, interests involved in this cause. OF 1878. Chat. R. R. v. Carroll 6 Heiskell 347 the other day this Detroiter was the sense those of a fellow servant. What Chicago, Clinton, Dubuque a La Crosse Line, These Prizes were in the order of their value ROBINSON & CO. FIRST. It may, I think, be safely Freman J. in delivering the opinion of worst of all. Along eame a stranger, Chicago, Freeport a Dabunue Line, he does must be done for the principal A dressing and importance as follows.: Chicago, La Crosse, Winona a Minnesota Line, laid down that this is an action in tort the court says. "Here the parties, the other evening, who might and Grand Prizes 9 and he does it for him. If negligently" which is at once Chicago, St. Paula Minneapolis Line, in which the master is in general liable might not have known of this man*s while employed by the same employer RIchMM, Gold Medals 108 Chicago, Milwaukee a Lake Superior Line, (and the jury in case at bar so agreeable, civilly for acts committed by his servants Chicago, Green Bay & Lake Superior Line. eccentricity. Entering the store he remarked: and engaged to do service on the same Silver Medals 16*1 found and it is not questioned on this healthy, and effectual The advantages of these Lines are in the course of or under color Bronze Medals 194 road, were not engaged in the same S.D.Peterson, hearing) "he is responsible" 1. If the passenger is going to or from any point for pre- of his employ 1 East 106, Southern Honorable Mentions 128 work nor necessarily by their contract in the entire West and North-West, he can buy his "I want four pounds of sugar.** PENSYLVANIA. Mullan v. Phil. tickets via some one of this Company's lines and Law Review 5 No. 2 July 1879 citing The Grand Frizes were awarded as follows: serving the bound to work together or in connection "Hey?" replied the other. Steam-ship &S. M. Co. 78 Penn St. 25- be sure of reaching his destination by it or its connections. 1-WHEELER WILSON MANPG. CO* a large.number of cases both English hair. Faded or one with the other. They were at "I said I wanted a sausage-stuffer," 21 Am R. 2 and cases cited. Woodward of Bridgeport, Conn., STRAIGHT NEEDLK Dealer in and American. 2. The greater part of its lines are laid with Steel work at different places, in different SEWING MACHINES. gray hair it soon continued the man. J. in delivering the opinion of the Rails, the road bed is perfect. No road has better AGRIOOLTOBAL IMPLEMENTS, At no time has it been disputed 8Thomas A. Edison, Menlo Park, N. J., Prono* departments, so to speak, of the varied "Whathey?" restored to its or amoother track. 3. It is the short line between court, inter'alia, says: "When a master graph. Telephone, Electric Pen. throughtthis lenghty trial all Important points. 4. Its trains are all equipped employments incident to the management "I asked if you had pickles in vine- places the entire charge of his busor S-Ellsha Gray, .Chicago, III., Multiple Acoustic original color, with the Westing-house Air Brake, Miller's Platform "That the master is not responsible of a line of railway, and asiness, Telegraph, Musical Telegraph, tc gar," coolly remarked the stranger. a distinct branch of it, in the and Couplers ana the latest improvements for com. Agent for the with the gloss and freshness of youth. 4-Tiffany a Co, New York City, Artwork in to one person in his employ for an injury diverse in their character as can behands "HeyP" fort, aafety and convenience. 6. It is the only Road of an agent, exercising no discretion silver and other metals. Thin hair is thickened, falling hair bathe West running the Pullman Palace Sleeping STOUGTTON WAGONS occasioned by the negligence of concieved. The employer would be Iwant agallonofturpen- 5American Society of Civil Engineers, Models, and no oversight of his own, Jars either way between checked, and baldness often, though another in the same service" Cooly on Plans, and Photographs. liable not only for acts of servants tine,'* slowly replied the stranger. Chicago and St. Paul, it is manifest that the neglect by the AND SLEIGHS, 6C. H. McCormick, Chicago, III., Mowing, Torts-Essay in 2 Law Review & reprinted not always, cured by its use. Nothing wanting in proper skill or unsuitable "Bless your soul! but I don't keep Chicago and Green Bay, agent of ordinary care in supplying Binding, and Reaping Machines. 1876 Pamphlet 125. Dixon, 111., and Rock Island 7Jerome Wheelock, Worcester, Masw.. Steam machinery, but for other culpable negligence." can restore the hair where the it!** suddenly exclaimed the citizen. Chicago and Freeport, and maintaining suitable instrumentalities Engine, with unproved valuable Cut-off. But it is here passing strange that "Again" says the court, I didn't suppose you did." Chicago and La Crosse, follicles are destroyed, or the glands PLOWS for the work required, is a 8Memphis Cotton Exchange, Bale of Tennessee Judge Cooley makes this an exception, *the question is who are, in the proper "Hey?" Cotton Chicago and Winona, breach of duty for which the master atrophied and decayed. But such as 9-Bergher a Engle, Philadelphia, Lager Beer whereas formerly it was the rule and """I said Pd take some liver pills in sense of the term, fellow servants or Chicago and Dubuque, should be held answerable." WATONWANFANSING MILLS, remain can be saved for usefulness in casks. liability an exception See cases in our place of it." employees? In cases of employees of Chicago and McGregor, It will be seen that, of the SOS prizes which and This was the breaking of a guy or by this application. Instead of fouling own Sup. Court & passim. were awarded, No doubt the dealer had heard every rail-roads, are all fellow servants and Chicago and Milwaukee. gang rope by which Plff. was injured the hair with a pasty sediment, it ONL 8 WERE GBANB PHIZES, single word of the entire conversation, I may be pardoned for presenting employees who happen to be employed 7. It is the only road passing along the shores of OHIO. Berea Stone Co. v. Kraft 31 will keep it clean and vigorous. Its Lake Michigan between Chicago and Milwaukee. some few of the thousands, I may say andhe didn't like it very well, either, hy the same master or company to do and that one of those was received by the Wheeler St. 298, 27 Am R. 511. Action for in. 8. The only road running Four Express Trains a citations from the most esteemed jurists but habit prevailed and again he called occasional use will prevent the hair a Wilson Mfg. Co. This too over 8 0 competing work of any kind, injany department day via its lines between Chicago and points in juries resulting from the negligence of sewing machine companies. NEW ULM, MINN. of this country, clearly establishing out: "HeyP" Minnesota. 9. No road offers equal facllitlea in of the varied employments of such from turning gray or falling off, and a superior Servant while the latter is Someof the gentlemen of the Sewing Machine number of through trains, equipped with Pullman the fact that Jacks was not a fellow "Calico! calico*" shouted the stranger. corporation, whether they have any Committee were residents of Europe, others of I vouKl also inform the public that consequently prevent baldness. Free Palace Sleeping Cars. 10. It runs Two Express discharging the duties of one under his America, and they were all selected on account of Servant of the injured party, because "I've asked you a dozen limes Trains Daily each way on all its lines and four necessary connection the one with the I have established a branch agency at from those -deleterious substances control &c. Per curia Boynton J. their peculiar fitness to perform the task imposed trains each way between Chicago and Milwaukee. the able and learned counsel is over if you had any good, eight-cent Sleipy Eye, where everything in ray other by virtue of such contract or npon them. They spent over six weeks in examining delivering opinion. "The ground of 11. It makes connections with all lines crossing at which make some preparations dangerous, justly entitled to such consideration at sewing machines, and the tests applied were calico!" ln,e can be obtained. not, to be included within the rule? intermediate points. the liability of the master for the negligent most thorough and exhaustive and injurious to the hair, the the hands of the court in deference to The popularity of these lines is steadily increasing "No, airno, sirno, sir!" was the We hold that npon this point tbft rule The result of this trial shows that the claim that conduct of his servant in all and passengers should consult their interest by his high and distinguished position at Vigor can only benefit but not harm S. PI.TEKNOA. indignant answer. the No. 8 possesses many points of superiority over requires, on sound principal, to lie applied pureeing tickets via this line. cases where the liability arises, is that the bar. brother machine was fully endorsed by the com- "HeyP" called the stranger, his hand it. If wanted merely for a For Information, Folders,-Maps, Ac, not obtainable with proper limitations based the servant's act is the act of the mas New Store! New Store! at Home Ticket Office, address any agent of to his ear. upon the fair terms of the contract The No. 8 is not the old style Wheeler a Wilson In MASSACHUSETTS Where it has the Company or ter. The implied obligation of the HAIR DRESSING, Sewing Machine improved or changed, but is The citizen looked around for the been asserted that the courtslook more itself, and sound legal analogies. The W. H. STENNBTT. MARVIN HUGH1TT, servant to assume all risks incident to An Entirely New Invention. four-pound weight, but when he found GEORGE JACOBS, to the interests of the great manufacturing Geo. Pew Ag't, Chicago. Gen. Mang'r, Chicago rule, we hold, cannot be held to apply the employment, including that of injury it there was nothing to throw at.Detroit The No. 6 and No. 7 HAIR WORK. corporations than to the lives or* as between an employee in one department nothing else can be found so desirable. occasioned by the negligence of a Free Press persons of the operatives, wefindin of the work of a railway Containing neither oil nor STRAIGHT Needle Manufacturing Machines are fellow servant, has no application Dealer in jMa&n&yv sueIN Mped^frecomnieiided spite of some of the earlier decisions fa, SHOEMAKERS' and company, distinct and apart froiti the dye, it does not soil white cambric, where the servant by whose negligent Dry Goods, Notions, Ornamental hair jewelry, such as cited by counsel, that the rule by him work of the other employee by whom Pittsburgh, Pa., the iron manufacturers JJordeagiptlve catalogue Information astoasoccupied and yet lasts long on the hair, giving conduct or acts the injury is inflicted, charms, chains, pins, ear-rings, brace* claimed holds not. he is injured, who has no immediate or territory, wholesale prices, etc, addresT are complaining of the high sustains the relation of superior in Hats, Caps, Groceries, it a rich, glossylustre and a grateful lets, rings and all kinds of solid work, In Ford v. Fitch 11 no Mass/240 necessary connection with the work in rate of wages. At the present rates WHEELER a WILSON MFG. CO., authority to the one receiving the injury". perfume. 7 i promptly made to order. Combings Per nir*a. *Agents who are charged the puddler gets $8.60 per day, the which the injured employee is engaged Crockery, Oils, Varnisltes, "It is true that he (agt.) was ^v 50 cents an ounze. bar-mill roller from $6 to $8, the with the duty of supplying gafe further than being employed on the tt State St Chloaco. in the service of the same master and ma Prepared by Dr. J. C. Ayer & Co., t~t.4bet. Act, Act. eatcherfrom$5to96, the heater $4, MR8.K. PICKE1. chinery (wrecking car, guy ropes) are same road and by the same company, engaged in the same general employ-, ca|elesfflMs oovantthe of skill ^CHAS. WAGNER, {f Agent C^T Allg$toM itfcttttBprice the sheet-roller from $4 to $5, sheetheatersfrom therinjury not in the true sense of the rule fellow when is caused by neg. ment, but he was entrusted with duties CitUre Sir. New Ulm% *m Minn Practical and Analytical Otamlata, $4 to *4.60, and the servants of those who are engaged in Store on Minn. St. between a* 3d and responsibilities of entirely 'a New Ulm, Mi shearsmen from $3 to 60. r* I-OWEIX, MASS. North streets. NEW ULM, MINN- oX *Vt *&& $3 im^mmyt. *sST wmmB&vm ^%j^& 1VV\ &*, I I it Hii""|i ijiij MM*H I I '4 -'-T=- iWfiiHt