*1 168 WARD.1 HUNT v. DeFORREST
R. C. 29,966. No. January 4, 1935. Allen, Albert R. for appellant. Seifert,
Leo J. for respondent.
Per Curiam. illness, this incapacitated by of the being
One member court not question of or the court stands three to three on the whether to was jury committed trial in its the by charge error the court court of trial prejudicial to the defendant. Therefore the order the is affirmed without opinion. Application Reargument.
On For filed: following opinion the was 8, February 1935, On Per Curiam. Minn, in provides part: of this court Rule 13 xxxix] [190 at is not the oral any present member the court of “Whenever cause be submitted to such cause, such shall of a deemed argument on the record and briefs therein.” of the court member require a matter or case this rule does not that opinion In our justice is ill or justices. to all seven If one be submitted must where argued, that a case is or particular at the time incapacitated that a is con- particular is no at the time case argument, there to session, obliged court in closed then he is not by sidered the 145, 1 Reported 12. in 258 N. W. 259 N. W.
169 liberty no thereof, part. in decision but is at to take part take the rule, not the the business of the court could not If this were well seriously incapacitated. member became ill or Rule on if one go *2 any justice. on An mandatory particular justice is not absent 18 if he desires, required in a decision so but he is not may part take so to do.
Denied. ELSIE v. NEHRING & MINNESOTA MINING MANUFACTUR
ING COMPANY AND ANOTHER.1
January 4, 1935. 30,025.
No. Oppenheimer, Dickson, Brown & Hodgson, for Donnelly, relators. B. A. McLeod, for respondent. Justice.
Holt, an award of Certiorari to review the industrial commission. and minor of Nehring, The widow son Fred deceased, sought and for compensation obtained his accidental death while an employe 1 Reported in N. 307. 258 W.