Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-05-07
CITY CAN NOT LIMIT SPEED OF FIRE
DEPARTMENT.
SUPREME COURT DECIDES 1T
POINT CAME up IN A KANSAS CITY,
kAS., CASE.
A City Can Not Issue Paving Bonds
Without n Vote of the People In
terested-IHsarance Case
Decided-List of
Opinions.

TOPEKA, May 6.-(SpeciaL) The su-
preme court to-day held that an ordinance
passed by city council making il mis-
demeanor 10 ride or drive through the
streets of the city faster than an ordinary
gait is unreasonable when sought to be
applied to the fire department in driving
10 fire, and for that reason will not be
enforced. This point was raised in the
case of Nellie Mcdonald against Kansas
City. Kas., appealed from Wyandotte
county.
Andy Mcdonald was member of the
Kansas City, Kas., fire department. In
making a drive to a fire one night the fire
wagon ran into an obstruction in
the street. Mcdonald was thrown off
the wagon and killed. His widow,
Nellie Mcdonald, sued the city for
damages. The city resisted the suit on the
ground that the wagon was being driven
at gait prohibited by ordinance. The city
also claimed that, inasmuch as it had paid
for life insurance for its firemen, ii should
not be held liable for damages for the
death of fireman. The district court gave
Mrs. Mcdonald judgment for $780, The
city appealed. The supreme court to-day,
IN affirming the judgment of the lower
court, held that a fire department had the
right to travel faster than an ordinary gait
and that the fact that a city insured its
freneR is no defense to an action brought
for damages against it for its negligence
in causing said death.
Chief Justice Doster wrote an opinion
in the case brought by County Attorney
Miller, of Wyandotte, against Kansas City,
kas., to enjcin the issuance of bonds to
pave James street from Fowlers packing
house to the kaw river bridge. The city
won the case In the Wyandotte county
court. In reversing the lower court the
supreme court to-day held that a city
council could not issue bonds against the
city at large to pave a street without a
vote of the people.
Attorney General Boyle last year brought
suit in the supreme court to compel the
various Kansas railroads to report their
rolling stock for assessment on the mileage
basis. The supreme court to-day dismissed
the case because the board of railroad as
SCISSORS, for whose consideration the in
formation was sought, has passed out of
existence.
The suit to oust A. L. Perry as county
commissioner of Doniphan county was dis
missed upon the failure of the complain
ant, Joseph A. Syms, to put up bond for
costs.
Charles W. Welsch, of Erie in 1885, Joined
the Order of Patriarchs of America. A
few months later he, died. The lodge refus-
because it claimed Welsch had made
false statement In order to get into the
lodge. He claimed he did not use intoxi-
eating liquors when in fact he did, to eK.
cess, according to the orders Information.
Suit was commenced by the beneficiary.
tained judgment in the district court The
lodge appealed The supreme court to-day
affirmed the decision of the lower court
Daniel L. Wyatt citizen of Topeka was
subpoenaed to give his deposition in a GER
tain case pending in the Shawnee district
court. lie refused to obey the subpoenae
h0 hat
Shawnee county and would be here when
the case was tried. He was found guilty
OF contempt. He made application for his
release on writ of habeas corpus before
Judge Hazen, of the district court and it
was granted The sheriff appealed to the
supreme court. That tribunal to-day dis
sheriff had no right to appeal.
Other decisions handed down follow:
BY Chief Justice Doster--oscar Felix VS..
a. +. Walker ct al. receivers, etc: error
r from sedgwick county; affirmed. Frances
g DoWney VS.. Atchisen, Topeka & Santa
re Railroad Company; error from Shawnee
county; ai1lrmed. James l.. King ct al vs.
Louis E. Mead; error from Johnson
county: affirmed. State of Kansas VS.. 7
w Eastman; appeal from Lyon county;
By Justice Johnston-Timothy Sullivan
VS.. Joseph LarlIin ct al: error from John
son county; affirmed. The Parkinson Sugar
Company ct al VS.. Bank of Fort Scott ct
al; error from Allen county; affirmed.
America V. Jewett VS.. Thomas H. Malott
e. al; error from court Of appeals; ar
nfmed. State of Kansas vs. Robert Heth.
appeal from sedgwick county; reversed
BY Justice Smith-The Salina National
bank VS.; Mary E. L. Prescott. error from
court of appeals; reversed. Richard r.
Laird VS.. John V. FarwelI ct al. error
from Sehgwick county; affirmed The Gift
laens bank ct al VS. J. c. o. Morse. error
from Sumner county, reversed Alice Relic
Thompson VS.. Abbie c. Burge. error from
shawnee county: affirmed State of Kan
sas vs.. william Henry Suppe appeal from
Cherokee county: reversed
Per Curiam-lryin Stratton probate
Judge, etc, VS.. state ex rel, error from
sedswick county: dismissed. The Farmers
National bank VS.. Mary f. L. Prescott ct
al, error from court of appeals: reversed
state eH rel vs.. Atchison; Topeka & Santa
Pc Railway Company, original proceedings
in mandamus dismissed. State ex rel vs.
Chicago. Rock Island & Pacific railway
Company, original proceedings in man.
damus dismissed. State ex rel VS.. Missouri
Pacific Railway Company, original proceed
ings in mandamus dismissed State of
Kansas VS.. board of commissioners of