The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-11
WHO'LL PAY THE BILL?
County Faces Perplexing Problem in
Case of Railroad Victim.

The board of county commissioners OF
| Shawnee county are worrying over a
| problem, the decision of which will
establish a precedent in this county.
1t is all over the question of the liza
bility for the costs in the case of W. S.
/ Lowry, who was chased off and run
| over by Rock Island freight train in
| Wabaunsee county, and who was
| brought into Shawnee county by agents
| of the railroad and who died in the
| county without funds to pay for his
medical attention, the operation for the
amputation of his legs and for burial
expenses.
The man is dead. and the commission
ers are today confronted with the bills
from Coroner Keith and County Ply
stefan Nicol for the attention given him
Sunday, and also for the burial ex-
penseS
The man will have to be buried, and
County Physician Nicol and Coroner
Kieth will have their bills for the use of
the hospital and for medical attention
and for the operation, that will proba-
bly, aggregate 800.
The question that puzzles the county
commissioners is, "ShaIl we allow the
bills? Is Shawnee county liable for these
expenses?"
The evidence indicates that the dead
man was chased off a moving train in
Wabaunsee county at the point of re-
volver in the hands of a brakeman. The
man fell between two cars and his legs
were mangled beneath the wheels. The
train was not even stopped to allow the
trainmen to ascertain the injuries of
Lowry, and he was left there six hours,
exposed to the cold weather, and I'M
conscious part of the time.
He was found by trainmen of anoth-
er train loaded onto the train and
brought to Topeka where he was I'M
loaded at the Rock Island station.
Some agent of the railroad telephoned
Poor Commissioner Hale and notified
him that the man was at the station
and told him in what condition the man
was. Mr.. Hale further states that the
railroad man told him that the railroad
would do nothing for the man. and that
it was up to him (NIr. Hale) to see that
he was cared for.
Mr.. Hale's humanitarian instincts
were at once aroused and he hurried
right down to the station and took the
man out to Kieth's hospital. AT any
rate Lowry seems to have lived long
enough for Drs. Nicol and Keith to pile
up some bills, that is apparently up to
some one to pay.
Some of the members of the board of
are of the opinion that
Poor Commissioner Hale had no bust |
ness taking charge of the case and load |
ing the county up with the burden OF
paying the bills in this case when the
liability for the same rested so ostensi- |
bly, with the Rock Island Railroad COM |
pany.
At noon today no definite decision |
was reached in the matter. and Lowry's |
body lies in an undertaking room in |
North Topeka, pending some sort of an |
agreement or understanding in regard |
to it's disposal
That the body will have to be buried |
seems to be certain, but the commits
sioners are loath to assume the expense |
with no prospect of ever recovering the /
money thus paid out.
The commissioners are of the opinion
that even If the railroad company has
washed it's hands of the responsibility |
N the matter, it had no business bring I
ng the injured man from Wabaunsee
county into Shawnee county.
Doubtless if Poor Commissioner Hale
1ad refused to accept charge of the in
ured man. the Rock Island would have
AIRED for him at Stormont hospital