The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-06-06
Decisions For the June Term
Handed Down.
Railroad Cases Decided Against
the Railroads.
TWO DAMAGE CASES.
A Point in Patent Rights Is
Decided.
Other Supreme Court Cases OF
Considerable Interest.

In the case of the Santa Fe railroad
company against Ida c.. Love, Captain
Joe Waters won as attorney for the de-
fendant
Frank Love was a brakeman on the
Santa Fe. and on july l9, 1891, he was
riding on a freight train between Otta-
wa and Queneno- Upon arriving at the
latter town he was found dead.
Loves wife brought suit against the
road and received judgment for $4,000
This was i'm the district court Of Usage
county. and the railroad company apr
pealed the case TO the supreme court
The decision OF the lower court was az
drmed-
The case of W. J. Hurd against nj. pr.
Beck. from Jackson county, was dls-
missed
This is the case in which Hurd claim
ed that his removal as penitenuary dl-
rector at the time of Becks appoint
ueut was illegal Hurd was appointed
on the board by Lewelling when ne
first became governor
This is an cid case dating back over
a year. and as Beck had ansN cred the
petition of plaintiff showing his appoint
ment and his having duly qualified as
member of the board, the case was als-
missed
The court affirmed the decision Of the
district court of Greenwood county IN
the case OF Mason vs. Mcleod
Mason was the patentee OF Il machine
used for trimming trees and also 1or
Alex Mcleod. who, being unsue-es7i ~
in his sales and wishing to recover
what he had put into the enterprise,
brought suit for such recovery ON The
ground that there was an error in the
manner in which the patent papers
We're drawn upe
According to the laws of the state the
words -gfVea for q uateut l-iEht' must
ba Included ina the wording of the Ia-
pers. and i'm the case of Mason. the
words We're omitted ON this ground the
district court found FOR Mcleod. and on
appeal to the state supreme court. the
decision was affirmed.
Kelly and Marvin of Eureka are tile
attorneys for Mason. and on the ground
that the state has TO authority to enact
laws regardtng patents, the case VIII
be appealed Ito the United states SUI
preme court
Another case i'm which the Santa Fe
is worsted is that oil II. B. Guild ADJ
mini=trat0r against the Santa Ee Rail-
road company
The case relates to certain lots in this
city owned by Charles Duun. and oNer
which the Santa F'a was operating its
lines ia 189o There was dispute over
these lots. and the matter was sub
mitted to arbitratOrs-
p L. Bonebrake was chosen by the
Santn Fe and j. y. Whitaker by
Dunn The aroitrators were unable 10
agree, q WI. Jewell was chosen as &
AIr. Bonebrake afterwards Withdrew
and the other arbitrators made ain ap-
praisemenI ot Szs9s6 a warranty
deed was made Dy Dunn and wife i'm
Jhis amount to the railroad which re-
fused to accept it.
The case was taken UP iu the dis
frlcl court of this county. and iudg-
ment found for the railroad company.
Being appealed to- the supreme court
the decision of the loNver court lis res
versed and a new trial ordered.
Justice Allen writes the decision. and
Chief Justice Allen concurs- Justice
johnston writes a dissenting opinion.