The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-06

The commission firm Of Armstrong &
Kassebaum published the following ad-
vertisenaRnt early in February, 1896:
we will pay 101zc net, Topeka, for all
fresh eggs shipped us to arrive here by
February 22- Acceptance OF our bid with
number of. cases stated to be sent by
February 20th.''
T. f. Seymour, a North Topeka egg
merchant, loaded up a car of 450 cases
of eggs and notified Armstrong & Kasse-
baum. That firm declined to take them.
Seymour had the car shipped from one
Sidetrack to another and sought 10 COM
pei acceptance. Finally the eggs were
shipped to Philadelphia and sold for
$391-S3 less than would have been realized
at 101k cents per dozen. Seymour sued
fer this difference, lost in the district
court and lost in the court of appeals.
He now loses at the highest tribunal.
the decision of both lower courts being
affirmed.
The case of Vida Bush VS.. the Union
Pacific Railway company, also from the
Shawnee county court. was affirmed. The
suit was for damages. the plaintiff hav-
train at a crossing three-quarters of a
mile from Topeka, over which a Santa
Fe train had just passed.
Justice Greene wrote the opinion in
which he said:
.'One attempting to cross a railroad
track on a public highway, who is famil-
lar with and relies upon a rule of the
company which prohibits trains from
following one another within ten minutes
is guilty of contributory negligence in
going upon the track without looking
and this is true although the train which
caused the injury was a wild train
and followed the preceding one within
one or two minutes"
The following were the opinions handed
down by the supreme court:
DOSTER, c. J.
Lyon ct al: error from Labette county
on motion for rehearing; reversed.
A., T. & S. F. Railway company vs.. II.
J.; Ryan, administrator, ETC.; error from
Kansas National bank vs. G. NJ Bay:
error from Reno county: affirmed
JOHNSTON. J
al: error from Decatur county; affirmed.
T. f. Seymour VS.. Armstrong & Kasse-
baum: error from Shawnee county; af-
H. ". BedelI vs.. Cyrus B. Christy; err
partment; judgment Of court of appeals
reversed, judgment OF district court af-
The Kansas state bank VS.. the First
State bank of Marion ct all error from
judgment of court of appeals and district
courts reversed:
CHAN. error from court of appeals. north
ern , dePartme9ti Prtt a5re9 ne m Fort Scott
vs. Charles Il; Elliott; error from Cow
ley county; affirmed Pollock, J.. not sit
ting, having been Of counsel,
CUNNINGHAM, J.
A.. u. ~ ). r. Railway company eC al.
VS.. Otto Meyer; error from LeavenWorth
county: reversed
The board of county commissioners of
SedgWfck county VS.. the city of Wichita
and the board Of education Of school dis
triet No. 4 interventors; error from S5esdag57
wick county; affirmed as to city, modlhed
as to board of education johnston, J.,
D. Cieghorn ct al vs. Josephine Thomp-
son; error from Rice county; reversed.
Mary r. Northrup, adninistratr1x, etc,
VS. Daniel Norvilfe ct al; error from
Allen county: reversed
Aldace F. Walker ct al. receivers, etc,
peals, southern department; reversed
Vida Bush vs.. Union Pacific Railway
company; error from Shawnee county;
----i- = GREENE. J.
J. c. BOhart Commission company vs.
E. J. Buckingham; error from Wabaun-
see county; affirmed.
Eliza J. Price vs.. the First Natlonal
tional bank of Atchison; error from Atch-
ison county. reversed
NJ, K. & T. Railway company vs. D. w
Puckett; error from Neosho county; af-
Geo. 5laSe w. stansfeld VS.. W. F. Kunz; er-
ror from Shawnee county; affirmed.
samnel Brown 111s.Af " Hattie E. Brown ct
al; error from Marion county; affirmed
City of Kansas CITY VS. VIM r. Smiley
ct al: error from Wyandotte county; re-
Eliza ]. Prive VS.. the First National
bank of Atchison; error from Atchison
Commercial National bank of Steuben-
Vile o. VS. John Atkinson: error from
Marion county; affirmed in part and re-
versed in part.
The state of Kansas vs.. Leonard Moon;
appeal from Saline county; affirmed
POLLOCK J
JOS Brown vs. D. w. Wheeler, admins
traitor. etc; error from Marion county;
affirmed
Pierce ct al: error from Saline county;
reversed
Isaac I.ieberrnann vs.. J. c. Douglass
ct al: error from court of appeals. north
ern department; Judgment of court OF ap-
peals reversed; Judgment OF district court
affirmed
The city Of Topeka vs.. William Wood;
appeal from shawnee county; dismissed
PER CURTAIN
Hattie R. Douglass vs. Julia MctSinnis.
Shawnee County; affirmed Cunningham,
j.. and Pollock, J., dissenting
E. B. Crissey vs.. John ]; ingalls,; error
from AtchisOn county; affirmed.
J. A. Davenport. jr-. etc, vs.. school dis
trict No. 4; error from Franklin county,