davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1908-04-15
No. Is. 800.
The Continental Casualty Company

NO. Is, 320.
The Continental Casualty Company
Mary NJ. Colvin.
Error from Harvey County.
AFFIRMED.
Syllabus. By the Court Graves. 7
!. Where an accident insurance policv
contains the provision that the company
will pay indemnity as scheduled below
in the event that said insured .
shah receive personal bodily injury,
which is effected directly and independ-
emily of all other causes through exter-
Nna1, violent, and purely accidental means
-. and which causes at once total
and continuous inability to engage in any
labor or occupation :" and is fol-
lowed by another provision that "if
within ninety days from the date of the
accident any one of the following losses
shall result necessarily and solely from
such injury. the company will pay" etc !;
Held that the words such injury refer
to the injury first mentioned in the for
mer clause, for the purpose of identifica-
tion merely, and have no reference to the
condition or degree of the injury immed-
lately after 1t was received.
2. In an action by the beneficiary
named In such a policy. to recover the
stipulated indemnity for the death of the
insured who died from an accidental in
jury, the condition that such death must
have resulted necessarily and .oleiv's
from such injury will be satisfied. by
mating and efficient cause of the in
sureds death; the fact that other condi-
tions were set in motion by the injury
which may have contributed to such re-
suit Is immaterial.
3. Where an accident insurance policy
provides for the payment of a weekly in
demnity to the insured If disabled by an
accidental injury to the extent described
and also provides for the payment to a
beneficiary named In the policy a stipu-
lated indemnity. in case OF the insured 6
death from such an injury: and stipu-
lates that written notice of claim nl1sr
be given by the insured or by the bene-
fciary to the company fifteen
days from the date of the accident caus
ing the loss for which claim Is made -
the time within which notice rr7ust he
given by the beneficiary does not begin to
run until the death of the insured
e. The word infection, as used in tn ,
policy involved in this action relates to
external injuries and does not include in
ternal infammations where pus is form
ed by the presence of pus-germs.
s. In an action on an insurance policy.
n IS error to permit the proofs of loss
furnished by the plaintiff to the defend
ant to be introduced in evidence on the
trial. when objection Is made thereto bv
the defendant, except for the purpose Of
showing that the requirements of the
policy in that respect have been complied
with When they have been so erroneous
" admitted. however. and It appears that
an the witnesses whose statements were
IN the proofs of loss so admitted. testified
n person on the trial and were subject
The Topeka state journal., 1908-04-15
No. Is, Al.
Miley Hawkins

VS..
E. G. Windhorst.
Error from Edwards County.
REVERSED.
Syllabus. By the Court. Porter j.
Where the issue is whether a husband
was the agent of his wife with authority
to sign her name to a check upon her
bank account. evidence that he frequently
signed checks on her account with her
knowledge and consent is competent.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal., 1908-04-15
No. 10. 406.
l.. Starks Company

Il N5toIfS Company
VS..
j. E. Brewer
Error from Dickinson COUNTY
AFFIRMED
syllabus. By the Court. Gravas
The defendant sent a letter to Tho ,,1.,;r
tiff which reads: -ie piaiii-
gentlemen: Kindly quote me your low
seed potatoes. I am not particular abn,'t
the Shipment being made for several
weeks. but il the mild weather continues
them.'' We "i.i heeo
pIalntin answered by letter which reads
referring to yours of 18th, beg to afl
WISE th@t we would quote you on a car
The Topeka state journal., 1908-04-15
LEGAL.

to cross examination, the error will be
deemed harmless.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal., 1908-04-15
No. 15,
Valley Township ct al


S. G. Stiles.
Error from Miami County.
REVERSED.
Syllabus. BY the Court. Porter, J.
In an action against a township to re-
cover for injuries caused by defective
culvert, where the only proof of notice to
the township trustee of the defect is the
statement of the plaintiff in his direct ex-
animation that he had conversation
with the trustee and gave him the infor-
nation, but upon cross-examination plain
tiff admits that in the conversation he
failed to inform the trustee which one of
several culverts was defective, the proof
is insufficient to establish actual notice
of the particular defect
All the Justices concurring.
a true copy.
Attest: D. A VALENTINE
(Seal1 Clerk Supreme Court
The Topeka state journal., 1908-04-15
D. A. VALENTINE,
Clerk Supreme Court.
No. 15.3 .33S.
c. N. Norton

VS..
Ida NJ Bruce.
Error from Reno County
MODIFIED.
Syllabus. By the Court Mason. T.
The maker of bill of sale Ga woman
whose husband was in custody on Grim
inal change at the time of it's execution)
testified that she signed it because the
grantee told her that other persons were
getting out papers to sell her out-take
everything she had-and that he was her
friend and would hold the property for
her for a few days and then return it,
He kept it however for his own benefit
Held. that there was sufficient evidence
70 support a finding that her signature
was fraudulently obtained.
All the justices concurring.
true copy.
Attest: d. A. VALENTINE
lSealI Clerk Supreme Court.
The Topeka state journal., 1908-04-15

PASTURE.

HORSES pastured, blue grass. shade.
spring water, no barbwire, close to city.
r. I. Lee Bell phone 2T41.
The Topeka state journal., 1908-04-15

No. Is, AS
The Chicago, Rock Island and Pacific
Railway Company
VS..
]. NJ. Brandon.
Error from Jewell County.
AFFIRMED.
Syllabus. BY the Court. Benson, ].
!. Where q prima facie case is made
out within the rule stated in S. K. Rly- Co.
v. Walsh. 45 Kan. 653, in favor of a pas
senger injured by the derailment Of the
wolves upon the railway company in order
to be relieved from liability, to show that
the accident could not have been avoided
by the exercise OF the utmost human pru-
dence and foresight.
2. Instructions should be considered and
construed together as a whole, and the
instructions given in this case when so
considered were not misleading and placed
no unreasonable or inpracticable burden
upon the railway company.
8. The findings Of the jury that the
spikes were loose in the ties and that in
making use of soft wood ties not sufficient
failed to use the best methods of keeping
its track and roadbed in safe and proper
condition, support the allegations of neg
ligence in the petition.
4. The rule that judgment may be en-
tered for a reduced sum, accepted by the
udice of the jury is not shown, stated in
U. P. Rly. Co. vs. Mitchell, Sc Kan. S24. is
followed.
S. An unsigned memorandum endorsed
to therein. and not in response to sub
mitted questions. can not be considered
by this court as a part of the findings, In
the absence of any action requested or
taken thereon in the district court.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal., 1908-04-15
No. 10, 321.
Charles Erskin

No. 1921.
Charles Erskin
VS..
Henry B. Wood
Error from Ford County.
AFFIRMED.
Syllabus. BY the Court. Benson,
l. Where two persons settled upon
tract of school land at the same time,
and each made the improvements and
continued his residence thereon and ac-
quired the right to purchase the same.
and it was upon notice and hearing in the
probate court determined that each had
such right, and each of such settlers has
made paymen for the land and obtained
certificate thereof accordingly. the
rights of such settlers appearing to be
equal, they are tenants in common of
such land.
2. A tenant in common may recover his
undivided interest in lands against his CO.
tenant who denies his right thereto.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal., 1908-04-15

No. 10, ,323.
The Electric Plaster Company, a corpora
ton.
Blue Rapids City Township, a municipal
township.
Error from Marshall County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. j.
/. An agreement between the owners OF
mills operated by water power and the
officers of a township that If township
bonds should be voted by the electors and
the proceeds thereof used in rebuilding an
important highway. essential to the con
built would operate to close up new
channel of a stream that had been cut
around the mills and mill-dam during d
flood and turn the water back into the old
channel of the stream and over the mill
dam, thus restoring the water power lost
by the cutting of the new channel, the
mill-dam owners would pay an amount
equal to the interest on the bonds for a
period of ten years is not contrary to
good morals or public policy.
2. After the township has substantially
performed its part of such agreement the
mill owners cannot successfully defend
against an action to enforce their Hab1l-
ity upon the agreement on the ground
that there was a want of power in the
township board to make the agreement or
that it was lacking in mutually.
8. The agreement cannot be regarded
as having been made under dureSS be-
cause the officers of the township declined
to call a Dond electlOn Ior procuring lue
means to rebuild the highway and close
the new channel unless the mill owners
would agree to share in the expense of
the Improvement and that a refusal by
the mill owners to accept the terms and
sign the agreement would have placed
them in an unenviable light with their
patrons.
4. Non-expert witnesses may give opin-
ions of conditions and situations with
which they are familiar but which it is
difficult to embody in words or reproduce
before the jury.
All the Justices concurring.
A true copy. -
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court
The Topeka state journal., 1908-04-15
No. 15, 29S.
F. Coffine
Laura Soper. ct al.
Error from Marion County.

VS..
Laura Soper ct al.
t' Error from Marion County.
REVERSED.
Syllabus. By the Court. Smith, j.
l. A bond given to effect an appeal
from a survey, by a party affected there
by and running to the party or parties
who requested the same, is sufficient to
give the court jurisdiction of the case, al
though other persons may also be affected
by the survey.
?. The law favors appeals and the Stat
ute, Section 1872, being silent as to whom
the bond should run, should be literally
construed in favor of a hearing upon the
appeal
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal.1 Clerk Supreme Court.
The Topeka state journal., 1908-04-15
No. 1926.
T. C. Wilson

No 1926.
T. C. Wilson
First State Bank Of Jetmore.
Error from Hodgeman County.
AFFIRMED.
Syllabus BY the Court. Burch, ].
In 1892 the First State Bank of Jetmore
was chartered for all the purposes then
permitted by law to banking corpora
tions. 1t commenced business and contin-
ued to operate as banking corporation
until 1897 1t then went into voluntary
liquidation. paid off its depositors, sur
rendered to the bank commissioner the
ness which it had obtained from him and
ceased to transact any business except to
collect what it could of the debts owing
to it and to distribute the proceeds among
its stockholders by way of closing up its
affairs. In 1905 1t brought a suit upon a
promissory note given to it In 1896. Held:
1.-The bank continued to be a banking
corporation after the steps taken in 1897
2.-The period for which the bank was
chartered not having expired, no forfei-
ture having been suffered and no Judg-
ment of dissolution having been rendered
against it, the corporation is still in ex-
istence.
s.-The bank had capacity to sue as a
banking corporation when the action re-
ferred to was instituted.
4.-After the bank had paid it's deposi-
tors and had surrendered its certificate of
authority to do business 1t was no longer
act requiring reports of its financial con-
dition to be made to the bank commits
sioner.
5.-After the steps taken in 1897 the
bank was not doing business within the
meaning of Sec. 1888, Gen. Stats. 1901, re-
quiring financial statements to be filed
with the secretary of state condition
precedent to the maintenance of an action
or the recovery of a judgment.
6.-The bringing of the suit referred to
did not constitute "doing business within
the meaning of the statute inst cited
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
lSeal1 Clerk Supreme Court.
The Topeka state journal., 1908-04-15

PATENTB-

J. A. ROsEN. patent attorney. 42s Kansas
ave. Topeka.
The Topeka state journal., 1908-04-15
FREE DrsPENsARy.

QUINCY STREET FREE DISPENSARY.
81 Quincy st. Conducted by regular
practicing physicians and surgeons. Med
ical service free. Medicine free In some
cases. Office hours 2 to D. m. Calls
answered night or day. Ind. phone 1851
The Topeka state journal., 1908-04-15
LEGAL.

OUPKtMt UUUKl OIlLADl.
No. B,2N.
The State of Kansas. ex rel,
c. G. Coleman, as Attorney-Generai'
Commissioners of the County of Dick
Error from Dickinson County.
REVERSED.
Syllabus. By the Court. Smith, j..
!. A contract by which board OF
commissioners undertakes 10 EN-
Nloy a private person or firm TO Ienuei
viSes n6 v, IN aid 9I @ tne sIte makes it the
duty of certain township and county u
ficers to render, is ultra vires' against
q A person who has entered into such
q contract with board of county COM
missioners and has, in part, reNderea 1 the the
specified services is presumed to know tne
iiegality of the contract and that ms PEI PEI,
formance Of the services is against pupiic
policy. He cannot recover therefore on
Quantum meruit.
All the Justices concurring.
true copy.
Attest: d. A VALENTINE.
tSeaLl Clerk Supreme Court.
No. 15,2ss.
Maggie J. Parker) Adams ca al.
/ Guy F. Carlton.
Error from Crawford County.
REVERSED.
Syllabus. By the Court. Johnston, C. j.
A contract for the sale and conveyance
Of real estate made by an agent OF the
owner which the owner did not sign anu
Tor the making of which the agent hao no
authority in writing from the owner 10
void under the Statute of FRAUDS as
amended by Chapter 266 OF the Laws OF
1905
All the Justices concurring.
true copy.
Attest: D. A VALENTINE,
ISeaLJ Clerk Supreme Court.
The Kansas City Elevated Railway Com
pany
VS..
Mona Croft.
Error from Wyandotte County.
Court of Common Pleas.
AFFIRMED.
Syllabus. By the Court. Mason, j.
lowing facts held sufficient for presenta-
tion to a jury to determine whether the
Injury referred to was OccaSioned by the
negligence of the defendant. an electric
waiting for car in place commonly
used for that purpose; as the car ap-
preached, the trolley left the wire and
flew up, striking and breaking the globe
of an electric light, pieces of which fell
upon plaintiffs wrist, causing the injury
complained of: the rope by which the
trolley pole was controlled was not fas-
tened to the car as the rules of the COM
pany required, but was hanging loose; the
trolley had previously left the wire at the
same place, and the globe of the same
lamp had at least twice before been bro
ken by trolley. but perhaps not in the
All the Justices concurring.
A true copy.
ISealJ Clerk Supreme Court.
Attest: D. A. VALENTINE,
The Topeka state journal., 1908-04-15
-
SANYTARIUAfS.

CHRISTE HOSPITAL COTTAGES FOR
the care and treatment of nervous inva-
lids. alcohol and drug habits and mind
cases of mental arrangement W. 81
Lindsay, M. D., SO K. A., Topeka, Kan.
The Topeka state journal., 1908-04-15
LEGAL.
NOTICE TO CoNTRACroRs.

First published in The Topeka State
Journal April IA, 1861
The Topeka state journal., 1908-04-15
No. Is, ,670.
The State of Kansas

No. Is, $40.
The State of Kansas
VS..
John c. Moore.
Error from Cowley County.
REVERSED.
Syllabus. By the Court. Graves, J.
1. In the trial of criminal cases the evil
dence should be confined to the question
in issue, facts collateral to and not con-
nected with the subject being Investigated
are not admissible.
2. Instructions examined and approved
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeall Clerk Supreme Court.
The Topeka state journal., 1908-04-15
CLEANERS AND DYERs.

FRENCH DYE WORKS.
Ceaning, dyeing. pressing and REPAIRING
neatly and promptly done. Ladies' work
especially. We call for and deliver an
work. Phone 1766. A. r. Brown. 2A d. 6th
ST., Topeka.
The Topeka state journal., 1908-04-15

FOUNDERS AND MACHINE SHOPS
FOUNDERS, MACHINISTS AND PAT
tern makers. Topeka Foundry, 81S-320- 221
Jackson ST. Both phones 49O.
The Topeka state journal., 1908-04-15

TRANSFER AND STORAGE
MERCHANTS TRANSFER & STORAGE
Co. packs, ships and stores household
goods. Tel. 1S6. Clarence Skinner, GIL
Quincy st.
The Topeka state journal., 1908-04-15

~~~->~S--~~~-~--S-~-N~~~~~
FRESH cut flowers for all occasions I
be found at Hayes flower store. lot "
9Th. Ind. phone 377
The Topeka state journal., 1908-04-15
CARPENTER AND BUnLER.

j. L. EDDY, carpenter and builder, ITO e.
9th st. Hardwood floors. plain or orna-
mental. store fronts and shelving, porchea.
ing and jobbing.
The Topeka state journal., 1908-04-15

MODEL barber shop 8l6 Kansas avenue.
Hair cut Is cents. Shave 10 cents.
The Topeka state journal., 1908-04-15

PICTURE FRAMING.
FRAMING, regilding, mat making, mount
ing done by J. D. Sullivan, 122 w. Eighth
street. Packing, shipping, etc.
Little Falls herald., 1908-05-29
RAY LAMPHERE INDICTED.
Seven True Bills Returned Against
Indiana Man.

Seven True Bills Returned Against
Indiana Man.
Laporte, Ind, May 23.-In returning
seven true bills against Ray Lam
phere, the Laporte county grand jury
also indicted Mrs. Bella Guinness for
the murder of Andrew Helgeleiu of
Mansfield, s. D. No warrant was is
sued for Mrs. Guinness. as she was de-
clared officially dead by the verdict
of Coroner Mack, but in order to vote
q true bill against Lamphere as an &C.
cessory in the killing of Helgelein, it
was necessary to indict Mrs. Guinness
as the principal. Lamphere now
stands before the bar of justice off,
oially charged with arson, five mur-
ders, and being an accessory in the
Helgelein murder.
Separate bills were voted against
Lamphere for the murder. in the first
degree, of Mrs. Bella Guinness and her
three children, Philip Guinness. Maytie
Sorenson and Lucy Sorenson.
In charging Lamphere with the mur-
der Of Andrew Helgelein, the indict.
ment says that Ray Lamphere on
Jan. IA. 1908, did unlawfully, felon-
iously, purposely and with premedi-
tated malice. kill and murder Andrew
K. Helgelein."
Little Falls herald., 1908-05-29
FIFTY PERSONS KILLED.
One Hundred Others Injured in Bel.
qian Railroad Horror.

One Hundred Others Injured in Bel.
9ian Railroad Horror.
Antwerp, May 21.-About fifty per-
sons were killed and more than 100 in
jured in a wreck near Contich, six
miles southeast of Antwerp. It is the
worst railroad catastrophe ever record
Cd in Belgium and was caused by the
engine of the Antwerp express, run
ming fifty miles an hour. jumping the
track and crashing into train loaded
with pilgrims on siding. .......
Three cars of the pilgrim train were
telescoped. The cars were literally
ground to pieces and practically all
the passengers were either killed or
badly injured.
The work of extracting the dead
and wounded from the debris appalled,
even the stoutest Of the rescuers.
Many Of the bodies had completely
lost all human shape and were re-
duced to pulp, heads. arms and legs
having been ground of by the wheels
and scattered through the wreckage.
Little Falls herald., 1908-05-29
BIG FINE IS UPHELD.
Circuit Court Of Appeals Affirms Re.
bate Decision.

bate Decision.
The United States court Of appeals
ct st. Paul has af1rmed the de-
oision Of the lower court in the re-
bate cases involving the Omaha Rail
road company and H. M. Psarce. gen.
eral freight agent Of the road, in
which a hne Of $4,000 was imposed
on the railroad company and Mr.
Pearce was fined $4,000. Judge Ad-
ans wrote the opinion. Judges San.
born and Philips concurring.
The trial was, held before Judge
Norris at the April term of court last
year In Minneapolis. The indictment
was returned the previous November.
The defendants were indicted on
fifty separate counts for granting that
number of rebates from the rate
named in the tariffs and schedules Of
rates published and hled BY the road
with the interstate commerce com.
mission for carrying oats from Minne.
apolis to Duluth over route which
passed through some portion OF Wis
consin. They were found guilty on all
counts and one hns Of $4,000 and an
other of $4,000 were imposed upon the
two named defendants. ,s.... ~.
The defendants prosecuted q writ
Of error to secure q reversal Of that
Judgment. ...~ .-,.,
Little Falls herald., 1908-05-29
THAM STILL INSANE
win Not Be Released From Asy'
lun At Present.
COURT RENDERS DECISION
Finds No Change In Mental condl.
tion Since Acquitted Of Murder
on Ground Of lnsanity.

Poughkespsie. N. T.. May 16.-
Harry 4 Thaw. the slayer Of Stan
ford White. will not bs released from
the lunatic asylum. This Is the de-
ciston reached by Justice Morsc chauser
d, tho supreme court In an opinion
filed In the matter Of Thaw's applicar
tion for release on writ Of habeas
corpus.
Both points brought up BY Thaw's
attorneys are decided against him.
The Justice declares that Thaw is now
insane and should not be allowed at
large and he further declares that tho
commitment to the lunatic asylum by
Justice Bowling after the last trial of
the case was entirely legal.
Thaw's lawyers have applied to the
court for permission to place Thaw in
some other institution than the Mat
teawan asylum and by stipulation
with the district attorney the prisoner
will be kept in the jail here until JUS
tice Morschauser renders decision.
The Justice is holding court at White
Plains this week and will not be able
to hear the application before next
week.
Believes Thaw Still Insane.
In his decision Justice Morschauser
says. in part:
''Thaw, at the time Of his trial for
homicide, as defense pleaded insan'
ity and presented proof to show his in
sanity at the time of the killing OF
White and by the proof offered on his
behalf the Jury was convinced that he
was insane and acquitted him upon
that ground.
II am satisfied from the evidence
adduced before me that the mental
condition of Harry K. Thaw has not
changed and find that he is now in
! sane and that it is so manifest as tc
! make it unsafe for him to be at large
In view of the existing mental con
, dition of said Thaw the safety of the
public is better insured by his remain
ing in custody and under observation
until he has recovered or until such
time as it shall be reasonably certain
; that there is no danger of recurring
, attack of the delusion or whatever II
NAV be-"
Little Falls herald., 1908-05-29
MURDER IN MINNEAPOLIS.
Body Of Unknown Man Found In the
Mississippi River.

Dooy OF Unknown Man Found In the
Mississippi River.
With gaping bullet wound telling
the story of an unwilling death the r.
mains of middle-aged man were
pulled from the Mississippi river in
Minneapolis and taken to the county
morgue, where it was found that it Is
probable that the man had Z large
sum of money and that it was greed
for gold that caused the crime.
Notations in a small book found on
an inside pocket indicate that the
dead man had for some reason un-
known drawn. his savings from the
bank and that they amounted to aome.
thing over $1.000-the exact figures
being blurred.
The authorities have been unable to
identify the body.
Little Falls herald., 1908-05-29
Forty Horses Cromated.

Forty horses and practically Ill
the wagons belonging to the st.
Paul Transfer. company at st. Paul
were burned in a fire which complete
ly destroyed the company's barns. The
fire started In the rear of the build
ing. It's origin is unknown: Effort
was made by the barnmen and fire.
men to save the horses, but they 70.
fused to leave the building.