O'Neil v. Chicago, Milwaukee & St. Paul Ry. Co.

• Decision Date: 01 July 1885
• Citation: 33 Minn. 489
• Parties: TIMOTHY O'NEIL <I>vs.</I> CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY.
• Court: Minnesota Supreme Court

Page 489

33 Minn. 489

TIMOTHY O'NEILvs.CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY.

Supreme Court of Minnesota.

July 1, 1885.

Appeal by defendant from a judgment of the district court for Dakota county, where the action was tried before Crosby, J., and a jury.

W. H. Norris, for appellant.

Hodgson & Schaller, for respondent.

MITCHELL, J.

Action to recover for services as conductor, performed by one Dean for defendant, the claim for which it is alleged Dean had assigned to plaintiff.The answer admits the performance of the services by Dean, and their price or value.Aside from a setoff pleaded in the answer, the only issue under the pleadings was as to the fact of the assignment by Dean to the plaintiff.On that point the oral testimony of Dean, which is uncontradicted, was ample.

In the course of the examination of Dean as a witness by defendant, it appeared that, at the time these services were performed by him, he was a minor.From this fact defendant contends that his wages belonged to his father.It is sufficient answer to this to say that there was no such issue under the pleadings.Dean's title and right to the money was conceded.The cases cited to the effect that, where evidence is permitted to be given without objection on both sides as to a defence or...