The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-12-19
DANAS WIN IT.
Judge Hook Holds Water Com
pany Must Pay $4,000.
An Old Judgment Secured in a
Damage Suit.
RESULT OF RUNAWAY.
Horse Was Frightened by Gush-
ing Hydrant.
Mrs. Dana and Her Mother Were
Seriously Injured.

Judge w. C. Hook rendered judgment
Thursday at Leavenworth against the
Topeka Water company in the cele-
brated damage suit brought by Mrs
Kate Whiting Dana and the late Mrs.
Catherine M Whiting ten years ago, by
confirming the findings of Referee John
F. Switzer
The original judgments were for So
414.s0 in favor of Mrs. Dana. and So
65S. 35 in favor of Mrs. Whiting, but with
accrued interest the judgments now
amount to about $4,000.
The Whiting lawsuit was one of the
important cases of the day when it was
filed ten years ago in the state courts.
Everyone was talking about it. It fol-
lowed close upon a terrible runaway
accident, in which both Mrs. Dana and
her mother, Mrs. Whiting, were sert-
ously hurt, and from the effect of which
Mrs. Whiting died. The runaway oc.
CURED near Fourteenth and Western
avenue, and was OccaSiOned by the horse
getting frightened at the noise of water
rushing out of fire plug of the Topeka
Water company at the corner of tne
street
Miss Grace Whiting was also in the
buggy when the runaway occurred, and
sustained a deea flesh wound on her
forehead. of which she still bears the
scar. Her injuries. however. were not
such that she deemed it wise to sue the
company.
It was in the Whiting lawsuit in the
district court that occurred one of t1e
court incidents which the lawyers still
like to tell about. The water company
had persistently urged as a defense that
the noise of the water rushing out Of tnt-
fire &lug would not scare any well be-
haved, docile horse. Then endeavoreG
to make it appear that the reason tnrH
horse ran away was because it was q
froat 5I41 T77-ix7
by women who didn't know how To
drive. 1t happened that one day the
court ordered the jury to be taken out
to inspect the scene of the accident
They went in an express wagon, 10
which was hitched decrepit old dray
team. When the scene of the accident
was reached. the fire plug was opened
to show the jury how much noise the
water made. The next thing the driver
of the dfay knew his team commenced
to jump and plunge, and if the members
of the jury had not come to his assist,
ance there would have been another
runaway right then and there.
Before the Writings secured their
judgments in the district court in 1894,
Mrs Catherine Whiting died, and the
suit was continued in the name of the
Administrative, Miss Grace Whiting. A
few months before the judgments were
rendered, the Topeka Water company
had passed into the hands of Elias Sum.
merfield, as receiver The receiver had
loran, a judgment creditor of the con-
~vfn to the extent of $4,000.
Before the jurisdiction of Receiver
Summerfield had been extended by the
federal courts to include the big mort
cages of over million dollars, held by
the Atlantic Trust company and VIM
B. Strong, Mrs. Dana and Miss Whit
ing filed intervening petitions in the
federal courts, asking that their claims
of about $500 be allowed them out OF
the rentals accrued before the receiver
ship was extended. The company had
not otherwise applied Of this sum $685.
600 was due from the city in hydrant
rentals.
The question of whether or not Miss
Whiting and Mrs. Dana have<a prior
lien on this $4,000 to that of Strong and
the other mortgage holders is what has
been pending in the federal court ever
since
In March. 1901. Judge Hook appointed
John F. Switzer of this city special mas
ter in the case, to take testimony and re-
port on the findings in fact and the Law
Mr.. Switzer filed his report two years ago.
He recommended that the claims be allows
ed out Of the monies on hand when the
petition was filed. The arguments on
these findings were heard by Judge
Hook last June. Since then the decision
of the case has been pending, and was
given, as stated, on Thursday at Leaven.
worth
1t is almost certain that the attorneys
for the water company will appeal the
case to the United States court of appeals
which sis at st. Louis and Minneapolis
The attorneys for the plaintiffs are G.
c. Clemens, J. G. Waters, w A. Dana
and at one time Ed Hilton. Rossington.
Smith & Histed are the attorneys for the
Water company