The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-08
THREE HELD GOOD
Cases Appealed From Shawnee
County Affirmed.
Jesse A. White, Lake view
Agent, Will Get S3, 700.
J. G. COOPER MUST PAY
Man Of Many Marital Troubles
Loses Attorney Fee Suit.
Many Decisions Handed DOWN
by Supreme Court.
J. G. COOPER MUST PAY


Four important Shawnee county
cases were decided by the state su-
preme court this morning. Three OF
these were appeals from the decisions
of the Shawnee county district court
and in each of these. the court was
sustained.
The damage suit of Jesse A. White
against the Atchison, Topeka & Santa
Fe railway company from Shawnee
county was decided by the supreme
court in favor of White. White was
station agent at Lakeview, during the
winter of 1905. The Santa Fe had
rotary snowpIow working up this line
from Kansas City. Some operator tel
egraphed White to look out OF the
window as the snowplow went past
and see the snow fly. White did SO
and as the snowplow struck p1le OF
shoveled off the platform on
to the track, a mass or snow
and cinders was thrown against
the window, breaking 1t and striking
White in the face with glass and GIN
ders AS a result of the accident he
lost one eye and recovered Juds-
ment of $500 in the lower court. The
decision of Judge Dana's was affirm
ed.
E. O. Faulkner was denied writ
of mandamus against the Bank of To-
peka by the supreme court to compel
the bank to transfer to him, on It's
books, certain shares of its capital
stock, amounting to $4,000. The stock
was owned formerly by G. j. Devlin.
Devlin assigned and delivered the
certificate of ownership to Faulkner
as collateral for a loan. Afterward
Devlin became indebted to the bank
for an amount greater than the value
of the stock. When Devlin failed
Faulkner tried to secure possession OF
this stock The bank refused to make
the transfer because it claimed lien
on the stock. The supreme court
says that stock transfers must actual
ly be made on the books to become
valid. The opinion says, Under the
well known canons of construction
books will be sufficient. The only
kind of transfer which can avail to
effect the rights of the bank, its credi-
tors and the public IS a transfer on
the books of the bank. None other
need be recognized.
John G. Cooper, the wealthy and
eccentric Topeka man who has had so
much matrimonial difficulty will have
to pay his attorney, w. w. Harvey,
the sum of fourteen hundred dollars
under a decision of the supreme court
today affirming the decision of the
Shawnee county district court. Cooper
was sued by his wife for divorce and
$4,000 alimony. Harvey was Coop
er's attorney and got him off with a
judgment for one thousand dollars.
Cooper refused to pay Harvey an at
torney fee and Harvey sued him. The
lower court decided that fourteen
hundred dollars was a reasonable fee
and the supreme court sustained the
decision.
The case of G. F. Miller and J. D.
Sullivan. which Miller appealed, was
decided in favor of Sullivan, sustain
ing the Shawnee county district court.
Sullivan had a picture store in Mil
ler'S building on East Eighth street.
The roof was leaky and Sullivan had
been trying to get Miller to fix it. Mil
Ter failed to do this, and the result
was that rain came in and made Sc
rious damage in Sullivan's stock. The
lower court gave him judgment for
the value of the stock damage Mil
Ter contended that the only damages
should be the difference between the
rental value of the property before
the roof leaked and it's rental value
with a leaky roof. The court says
that while this is a general rule, it
does not apply to the particular case
under consideration.
In the case of w. NJ. Patterson against
the Missouri Pacific Railway company,
appealed from Woodson county, the SUI
preme court reversed the decision of the
lower court and sustained the Kansas
freight demurrage law of 1905. This
demurrage law imposes a penalty of
one dollar per day on each car for de-
lay in furnishing freight cars ordered
and the supreme court says: rs not
invalid but is a reasonable police reg
ulation and imposes no considerable
burden upon interstate commerce"
Patterson lived at Rose Kansas On
November 8, 1905, he ordered nine cars
for loading hay. The railway company
failed to deliver the cars and he claim
ed damages in the sum of 1896. The
railway company commended that since
its line passed outside of the state, the