The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-11
NO DEPOT THERE.
Famous BerrytOn Case Is Fl
nally Decided.
Other Cases Decided Today IN
Supreme Court.


that Berryton gets no depot. The SUI
preme court this morning handed down
a decision upholdiEg Judge Hazen's de-
cisicn in the Shawnee county district
court.
About a year and q half ago the peo-
pie around Berryton on the Missouri
Pacific, southeast of Topeka, fled a
complaint with the state board of rail-
road commissioners asking that the
Missouri Pacific be compelled to re-es-
tablish an agent and station there. The
company claimed Belryton was too
close to Tevis to maintain a station
prohta bly,, but the railroad board order
ed the station established.
The company then brought an action
before Judge Hazen to have the order
annulled, and upon the trial of the case
Judge Hazen held for the railroad COM
pany, and the railroad commissioners
backed by the compliments, appealed
the case. The supreme court today af-
firmed the lower court.
lola Telephone Row.
]. V. Crouch, of lola, cannot compel
the lola Telephone company to give
him back his telephone although it was
arbitrarily taken from him after seven
years of service The supreme court
was not unit in its decision. however,
as Chief Justice Johnston and Justices
/ Cunningham and Clark A Smith, dis
scented from the other four justices.
/ crouch ilVeQ just OUTSIDE the CITY lltu-
| its of lola, but it took only 80 feet of
wire to connect his house with the tel
ephone cOmpany's line. He had had a
telephone from the company for seven
years, but after a row about the extra
charges it was taken out. He brought
a mandamus suit to compel the COM
pany to put the phone back on the
ground that others outside the city linn
its were so served and he was discrimi-
mated against.
The majority of the court decided that
Crouch was not in the same class as
others outside the city, as they furnish
ed their own poles and lines The dis
sentfng judges contend that telephone
company is a common carrier of news
and that it cannot discriminate; that
after once having served Crouch out
side the city limits without objection, it
could not then arbitrarily discontinue
the service.
The state school fund win not get the
estate of John GaynOr, who died some |
time ago leaving a half section of good |
land in Butler county. Gaynor was a |
bachelor and died without leaving d |
will. He was a native of Ireland and |
his parents were always aliens. AFTER /
his death his brothers and sisters and
other relatives claimed his estate, but /
the state of Kansas also claimed it un-
der the provision that the estates of |
persons who die interstate and without |
heirs shall go to the state school fund /
The case has gone through the courts
and was today decided by the supreme
court against the state The state con-
tended that GaynOr's relatives would
have to inherit through his parents, /
which they could not do as the parents
were aliens.
w. M. Ferguson of Wellington, who
was one of the Democratic candidates
for railroad commissioner last fall.
won a tax suit against Sumner county
in the supreme court today Ferguson
in the spring of 1902 had 852 head of
cattle in Beaver county, Oklahoma,
and paid taxes on them there Later
he brought them over to Sumner
county and kept them during the sum
mer The Sumner county authorities
insisted on taxing them there, and
Ferguson was obliged to get reT
straining order to keep them from do
ing it. The county appealed to the
supreme court but lost
If man attempts to get on a NOV
ing train it is not contributory negii-
gence if anything happens to him, ac-
cOrding to the supreme court-that is.
if the train is not going too fast and
he is used to that sort of thing.
Two or three years ago James M
Holloway. a travelling man. wanted to
board a Santa Fe train at Strong City.
While he was waiting in the depot 4
freight came along on the track
nearest the depot, and the passenger
train came in beyond the freight BY
the time the freight passed the pas
senger was also just starting. ~IIol-
lOWaN IIl6Q 10 S6L Ou W4AE1 II Wc-S / .
running about four miles an hour, but
he slipped and was badly injured. He
got judgment against the railroad
but the company appealed,
alleging contributory negligence. The
supreme court holds that the passen-
ger train ought to have waited until /
after the freight passed before start
ing and it wasn't contributOry negli- :
gence for Holloway to try to get on .
anyway, as long as he was used to do :
ing that sort of thing.
The list of decisions handed down !
by the supreme court today is as fol !
JOHNSTON. c. ].
st. L. & S. F. Railroad Co. VS. w. r. !
League, ct al; error from Butler
county. Affirmed. t
n. B. Brown & Co. VS. The st. John !
Trust Co.; error from Reno county. :
Affirmed. Mason, J.; not sitting. t
NJ. w. A. VS. Rachael Heath; error
from Butler county. Proceeding in s
error dismissed. t
A. T. & S. F. Railway Co. VS. Jas. j
NJ. Holloway; error from Lyon county. t
Erie township. Municipal Two. I
etc, vs. VIM. Beamer: error from Neo- s
shO county. Affirmed.
The State of Kansas VS. Phillip Mil I
er; appeal from Barton county. Re t
versed and remanded for new trial. G
VIM. R SMITH J.
The Western Sash & Door Co. VS. |
~ I1eAAldH. Ct al error from 1eaV-
anworth county. Affirmed.
Frank Y. Crouch VS. J. D. Arnett, ct
al; error from Allen county Affirmed s
Johnson. c. J.. Cunningham, c. A, :
Smith, J. J.. dissenting Z
James NJ. Helling ct al VS. b f /
Darby; error from Pratt county. AZ a
5rmed- a
Sidney Walter ct al vs. Missouri
Pacific Railway Co.; error from Mar
shall county. Affirmed.
John Fraser ct a. VS. Leah J. Seeley
It al; error from Greenwood county. /
firr11adR