Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1905-02-11

That witness called to prove hand
writing was not acquainted with the
writing of the one who is alleged to
have written the signature in contro-
versy until four years after its date
1t held, in Ratliff VS.. Ratliff On. c.,
90 l.. R. A. 963, not to be sufficient to
make him incompetent to testify A
note to this case reviews all the other
authorities on competency of witness
es to handwriting.
The right to a writ of quo warranto
co prevent a railroad company from
making unlawful charges for services
rendered is denied, in State, Grow,
VS.. Atchison. T. & S. F. R. Co. (Mo),
SO l.. r. A. 761, where the legislature
has made ample provision for the reg
ulation of such charges. The right
of quo warranto against corporations
for making illegal charges in the
course of authorized business is con-
sidered in note to this case
The building sale and repairing of
vessels employed in commerce is held,
IN Columbia Iron works VS.. National
Lead Co. &C. c. A. 9Th c., ga L. R.
A. 645, to be within the provisions of
a statute permitting bankruptcy pro-
ceedings to be instituted against cor
porations engaged principally in man
ufacturing and mercantile pursuits
A railroad car sent loaded with
freight from one state into another
and to be returned loaded to the for
Tner state in the transaction of inter-
state commerce, is held, in Wall vs.
Norfolk & W. R. Co. CIV. Va.), ga L.
r. A SOL, not to be subject to attach
ment in the latter state. The attach
ment or garnishment of foreign rail-
road cars is discussed in note to this
case.
Where an insurance company pays
to the insured a loss occasioned by
the wrong of third party and the
value of the property destroyed ex-
ceeds the amount paid by the insur-
ance company, it is held, III Kansas
City, Fort S. & NJ r. Co. vs. Blaker
(Kas), "a l.. r. A. 81, that the in
Sured may bring an action in his own
name against the wrong doer and re-
cover the full amount of the loss
The duty of an electric light com
pany conveying electricity by over
head wires strung through the streets
of city to keep its wires constantly
insulated so as to be prepared to
guard against the effect of objects
coming in contact with them regard
less of the facts and causes which
may bring about the contact is held
in Herbert VS.. Lake Charles Ice L. &
w. company Oa), "a l.. r. A. 101, to
be absolute.
An action on behalf of quarry
owner against members of a volun-
tary association of dealers in stone,
of which he is not a member, who
enforce a bylaw of the association
imposing a fine upon members who
deal with those who are not members
so that members who desire to deal
with non-members are coerced from
doing so to the ruination of the bust
ness of the quarry owner, is sustained
in Martell VS.. White (Mass), Ga L. r.
A. 26O.
Proof of the genuineness of a dis |
puted writing is held, in state vs. |
Ryno tkaS.) "a L. r. A. 303 to be |
properly made by a comparison with |
other writings of the same person.
either admitted or clearly proved to !
be genuine. The subject of limita-
tons of evidence to handwriting is
discussed in a note in this case
One who in using the street adjoin-
ing his property as part of his lumber
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