The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-08
Saloon Keeper Must Pay Dam
ages to Husband
Whose Wife Became a Drunk
ard Through His Agency.
DECISION RENDERED
By the Kansas Supreme Court
Today
In a Suit Brought From Wyan-
dOtte County.

Felix Flanagan, a Kansas City, Kan,
jointist, sold to the wife of Isaac Lam
drum whisky and beer to such ex-
tent that she became an habitual
drunkard. Her husband sued the joint
list for damages, but the case was ruled
dotte county.
Landrum appealed to the supreme
court which today held that he is en-
titled to recover damages for the wreck
ing of his home and the life of his wife,
reversing the decision of the lower court
and sending the case back for a trial
which will result in favor of the plaintiff
in such an amount as may be reason
able, because the verdict of the lower
court is outlined in the opinion of the
supreme court today.
The court rendered another notable
opinion in a novel case. Many years
ago, Aaron Ettenson, now of Butler
county, then a resident of New York,
placed his imbecile son in an asylum in
New York. Ettenson claimed that the
boy was an orphan and in this way got
rid of him. He came to Kansas and
grew wealthy It was discovered that
he had accumulated much money, and
suit was brought against him to recover
a reaSOna BILE sum for the care and main
fourteen years. The lower court gave
a verdict in favor of Ettenson, but the
supreme court has reversed it. 6.
The court dismissed the suit brought
by Attorney General Boyle to enjoin
the Kansas railroads from enforcing
the 100-pOund rate on live stock, on the
ground that the railroad commissioners
have gone out of existence and that
their rulings are now of no force and
effect. The injunction was asked to
sustain the findings of the commission,
which ordered the railroads to ship the
cattle and charge for such shipment by
the carload.
A very important case of long stand
ing is the one of the Topeka Capital
T. !, Tr,I,
has gone through various courts, and is
today decided finally by the supreme
court in favor of Merriam. A number
of years ago Merriam made a loan Of
Sc, 500 and was given a first mortgage
the Capital. He instituted suit and
was given a decision in the lower courts,
bGu was still unable to get interest or
principal, the payment of either being
resisted. The decision will enable Mer-
Ram to at once collect about $S,000-the
aggregate of principal and unpaid in
tereSt.
Other decisions announced by the
court were as follows:
CHIEF JUSTICE DOSTER.
The Home Mining Co. ct al. VS.. D. A.
McKibben ct al; error from Leavenworth
county; affirmed.
Isaac Landrum vs.. Felix Flanagan: err
John McLane admins traitor, etc, VS..
Sam'l P. Allison ct al; error from court
of appeals; reversed.
JUSTICE JOHNSTON
The Topeka Capital Co. ct al VS.. E. B.
Merriam; error from Shawnee county: af-
firmed.
Kate Tootle ct al. VS.. R. J. Berkeley; err
ror from Decatur county; reversed.
The State of Kansas VS.. E. c. Clark;
error from Reno county; reversed, Justice
Johnston dissenting from the first para
graph of syllabus.
JUSTICE SMITH.
Geo. H. Lantis VS.. Saml E. Davidson;
error from kingman county: affirmed.
s. A. Frazier, trustee. VS.. Ebenezer Bap-
fist church ct al; error from Brown coun-
ty; reversed.
p. V. Thompson VS.. Rudolph Pfeiffer
executor, etc; error from Reno county;
affirmed.
M, K & T. Railway Co. VS.. N. r. Bag
ley: error from Miami county; reversed.
The State of Kansas VS.. Henry Swan;
error from Saline county; reversed.
PER CURTAIN.
Otto c. BeeIer VS.. Amos c. Fem; dis
missed.
The Missouri Pacific Railway Co. VS..
State ex rel; error from Linn county; dis
missed.
John Griffith VS.. c. S. Pence ct al; err
ror~ from Shawnee county; certified.
Andrew J. Chapman VS.. the H d. Lee
Mercantile Co; error from court of ap-
peals; affirmed.
The People of the State of New York ex
rel. VS. Aaron Ettenson ct al; error from
Butler county; reversed.