The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-10

WI liIWI OVUIII UUGIHUIs
| No. 1904
| George Mentzer
H. D: Burlingame, ct ux.
Error from Woodson County.
REVERSED. -
Syllabus. BY the Court. Porter. j.
A surety's right of action for contribu-
| time he pays the debt of the principal,
and the statute of limitations does not
begin to run against his cause of action
until he has paid the debt
All the Justices concurr,ng
true copy.
Attest: D. A. VALENTINE,
lSeal.l Clerk Supreme Court.
- No. Il, 2ea.
The Missouri Pacific Railway Company
Paulina Bentley.
Error from Sumner County
ON REHEARING.
REVERSED.
l. The erroneous instruction respecting
third paragraph of the syllabus in the
former opinion is held not to have been
| cured by other instructions given or by
the findings of the jury.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
tSeal.] Clerk Supreme Court.
No. 1873
Sarah Dalton.
The Kansas City. Fort Scott & Memphis
Railroad Company.
Error from Anderson County.
| REVERSED.
Syllabus. BY the Court Graves, J.
l. Where passenger on a railroad Is
negligently carried beyond his destina-
ton, he is entitled, in the absence of 9TH
er idn inc circumstances. to recover
for loss of time, necessary expenses in
Cured. and, in addition thereto, fair COM
pensation for inconvenience experienced,
II any, on account of such action of the
railroad company.
2. On trial for damages in such a
to establish right to recover, the amount
to be awarded is a question for the jury
and should not be withdrawn from its
consideration.
g. Where, in such a case. the jury re-
turn special findings of fact wherein the
different elements of damage are stated
$1.00; expenses. $3.50; inconvenience, $500. 90,
the court can not, on a motion to reduce
the amount of the general verdict. set
render judgment for $3.50, if there is any
evidence upon which such finding could
have been based, for any amount.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
No 15.4oo
Fred Thorp
R.r. Fl Fleming.
Error from Reno County.
REVERSED.
Syllabus: By the. Court. Benson. ]
!. Under a clause in chattel mortgage
providing that the mortgage may take
possession of the property If he deem
the mortgage has good cause to believe
that he is insecure, If he in fact deem
himself to be SO.
to the rights Of party, may be disre-
garded but where the findings are con-
trary to the evidence and such errors
may have misled the jury, they are ma
terial.
All the Justices concurring.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
No. 15,4o5.
Union Pacific Railroad Company
Charles w. Sweet.
Error from Trego County.
REVERSED.
1. Amendments which only amplify or
make more specific the avermentS of the
original petition or which state the wrong
permissible and will relate back to the
beginning of the action but where the
amendment sets forth a new and differ
ent cause of action the statute of lin
itations continues to run until the amend
ment is filed.
2In an action to recover damages for
destroyed the plaintiffs trees the original
petition alleged that the fire was negli-
gently set out at certain time and place
and after the period of limitation had ex-
pired the plaintiff obtained leave to
amend his petition so as to aver that the
damage resulted from another and differ
ent fire which was started five miles dis
tant from the one relied on in the original
petition; held that the amendment set out
a distinct and different tort and a new
was barred by the statute of limitations.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
fSeal1 Clerk Supreme Court
No 1540S.
The State of Kansas
The City of Concordia.
Error from Cloud County.
REVERSED.
Syllabus. BY the Court Burch, j.
1. The power granted to cities OF the
second class to build and maintain sewers
does not warrant the commission OF a
public nuisance through their agency:
q The statute of 1887 providing that
cities of the second class may exercise the
right of eminent domain in order to con-
meet sewers with creeks, rivers and ra-
vines does not warrant the COMMISSION OF
a public nuisance as the result OF such
connection.
g. In planning and in maintaining sys-
TENS of sewerage cities of the second
class must make due provision against
public nuisances resulting from occur
rences naturally and reasonably to be an
| ticipated.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE,
TSeaI.l Clerk Supreme Court.
No. 1924.
G. N. Hartwel1
|
| Theo. o. Love1and ct al.
Error from Cloud County.
REVERSED.
l g. %1,<C S,,otfI