The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-10-10
from the court but the formal decision
ala not come until today

uiu not come until TODAY
shawnee County Gases.
Inc Judgment of the Shawnee coun-
oistrict court in the case of P. c.
was reversed. A young man named
M j. Lacy was out of work, and So
hclted Rock Island conductor to car
~ MIN Tree from Dalhart to Liberal.
On the ground that he was a member
OF the b. r. T. the conductor agreed
70 DO SO. and put him in the caboose.
During the night, the caboose was
wrecked by a rear end collision. and
Lacy was killed. Lacy's father, P. c.
Lacy. brought suit for damage, and
the shawnee county jury gave him
verdict for $1,995. The supreme court
says that the fact that there was
collision does not imply that the rail-
way company was negligent, and that
since Lacy was riding free, the COM
pany owed him no duty except not to
lhJure MIN wilfully and wantonly. The
case is remanded for a new trial.
The case of Ina May Doty ct al.
against Tnos ]. Barker. ct al, a Shaw
nee county case, was affirmed. This
was a fight for possession of so acres
or shawnee county land. between Ina
May Doty, daughter of ]. T. Barker,
and other heirs of Alice Barker. The
lower court held that the other heirs
were entitled to their share of the
entitled to the whole tract.
The petition for a rehearing in the
case of James o. Benton VS. May Ben
ton, Shawnee county case, was de-
MED. This was a will case involving
the disposition of an $4,000 estate.
List of Opinions.
The following is the list of opinions
handed down by the supreme court to-
day:
BY BIRCH J.
The state of Kansas ex rel. VS.. w. w.
Rose; motions relating to disposition
of fine; motion of Wyandotte county
sustained; motion of Shawnee county
denied.
The state of Kansas VS.. Phil Keener;
appeal from Cherokee county. Re-
versed and remanded with directions
to overrule the motion to quash.
Samuel Griffin VS.. William Gesner ct
al; original proceeding in mandamus.
Peremptory writ of mandamus allowed.
BY MASON, ].
w. NJ Glenn ct al. VS.. Jesse B. Stew
art; error from Greeley county; on
petition for a rehearing. Reversed and
remanded for a new trial.
w. L. Wood, administrator, etc, ct
al. VS.. Sarah M. Sheidley; error from
wyandotte county district court. At
f1rmed.
James O. Benton VS.. May Benton;
error from Shawnee county; on petit
ton for a rehearing. Former judgment
permitted to stand and petition for
rehearing denied.
The city of Topeka VS.. Fitz Durein;
appeal from Shawnee county. At
firmed.
BY SMITH, ].
Perry T. Kirk ct al. VS.. j. H. An
drew; error from Logan county. Az
firmed.
b. F. Haag ct al VS.. Sarah J. Baker;
nQtit1On
for rehearing. Petition denied
The state of Kansas, ex rel M. A
Bender VS.. j. H. Johnston; appeal from
jackson county. Affirmed.
The state of Kansas VS.. Carl Baker;
appeal from Miami county. Affirmed.
BY PORTER. ].
The State of Kansas VS.. Robert
Pigg ct al; appeal from Shawnee
county Affirmed.
The Chicago, Rock Island & Pacific
Railway Co. VS.. P. c. Lacy; error from
Shawnee county. Reversed and re-
manded for a new trial.
BY GRAVES, J.
James d. Barnett ct al VS.. The Holy
oke Mutual Fire Insurance Co ct al;
error from Lyon county. Affirmed
]. D. McBrian VS.. James M. Nation;
original proceeding in mandamus. Writ
denied.
Ina May Doty ct al vs.. Thomas j.
Barker ct al; error from Shawnee
county. Affirmed.
w. H. Barrett VS.. hester Dessy; err
ror from Cherokee county. Affirmed
The State of Kansas VS.. I. f. Foren;
appeal from Leavenworth county; Az
firmed.
The City of Clay Center VS.. The Clay
Center Light and Power company; err
ror from Clay county. Petition for re-
hearing denied.
The State of Kansas VS.. Sam Healer;
appeal from Leavenworth county. Az
firmed-
The State of Kansas VS.. ]. Lau ct al;
appeal from Leavenworth county. Al
firmed. ys
The state of Kansas VS.. John Kind
seder; error from Sedgwick county At
firmed.
In re Thomas Evans; original pro-
ceeding in habeas corpus. Writ denied.
The State of Kansas VS.. L. A Walk
err; appeal from Wabaunsee county.
Affirmed.
The State of Kansas VS.. Henry
swanzy; appeal from Ness county Al
firmed. 10000
ing in habeas corpus. Writ denied
r M. Swarens ct al vs. b. l.
T.