The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-11

stuck" for 5000 on the double liabil-
ity law when the company became in
solvent, for the beneft Of the Rem
ington company. Harrison paid the
money. and then sued the other stock
holders for 81 200 which he claimed he
had expended in defending the case
which had been decided against him
The lower court held that Mr.. Harri-
son was acting solely In his own in
terests In defending the suit, and that
the other stockholders were not in
volved. The supreme court sustains
that decision.
Holt Case Reversed.
The suit of F. H. Holt against A.
T. Lucas. sheriff of Shawnee county.
and r. p. Dickinson, was decided in
favor of Holt, the supreme court re-
versing the decision OF the Shawnee
county district court. The controver-
sy was over the possession OF certain
hogs and cattle upon which a cattle
amount involved was about $3.50.
Mrs. Roby Must Pay.
The effort of Sara E. Roby, wife of
DR.. Henry w. Roby of this city, to
escape taxation in the Shawnee county
drainage district, has failed, accord
ing to the decision of the supreme court
today affirming the decision of the low
| er Court. Mrs. Roby claimed that her
property was located high above any
possibility of damage by flood, and yet
was taxed in the Shunganunga drain
age district. The court holds that pro-
perty may be damaged by flood. even
though it is not submerged, and that
the Roby property can be included in
the drainage district and taxed ac-
cording to the benefits it receives.
Chute Loses His Case.
The supreme court holds that
Ralph L. Chute, the boy who was
injured by a falling cornice at the
| c. p. and William Moeser building,
| can not recover from the Moesers for
his injury, thus sustaining the de-
| cision of the Shawnee county district
| court.
| The evidence showed that the con-
| tractor who was building the struc-
| ture had full charge of the work; that
| the sMoesers had nothing to do with
| it except to see that the job was
| the court held that Chute had no
claim against the Moesers for his in
jury.
| Mill Can't Condemn Land.
| A private milling company cannot
exercise the right of eminent domain
in Kansas according to the decision Of
| the supreme court today in the suit
brought by the Howard Mills company
against the Schwartz Lumber & Coal
| company Of Wichita. The Milling COM
pany needed some land for it's mill
buildings which the Lumber company
owned. The lumber company wanted
| higher price for the land than the
| Mill company wanted to pay SO an ac-
ton was brought in the district court
to condemn the land in the same fash
ion as railroad companies condemn
lands for tracks and depot. The Mill
company eontended that it was a pub
lie service corporation as it accepted
and ground wheat and corn for toll.
| The district court refused to take this
| view of the case and granted an in
junction preventing the condemnation
/ Of the land and the supreme court up
| holds this decision. The Mill company
/ contended that it had the right to ex-
ercise eminent domain as it had been
declared a public mill by a law passed
many years ago. The court holds that
even if the mill were a public mill and
| ground grain for toll still it had no
more rights in regard to condemning
property than any private corporation.
List of Opinions.
The opinions handed down by the
supreme court today are as folloWs:, r
BY JOHNSTON, C. J.
Maggie ]. (Parker) Adams ct al VS.
Guy F. Carlton; error from Crawford
county. Reversed.
The Electric Plaster Co. VS.. Blue
Rapids City Township, etc.; error from
Marshall county. Affirmed.
The Pacific Mutual Life Insurance
COMPANY of California VS.. William
Despair; error from Wyandotte. county
common pleas. Reversed and remand
ed for new trial.
Jacob Bickel ct al VS.. Anna Oliver;
error from Washington county. At
firmed.
BY BURCH. J.
T. C. Wilson VS.. First State bank of
Jetmore; error from Hsodgeman coun-
ty Affirmed.
Mary Graden VS.. Frederick Mails ct
| al; error from Ellis county. Reversed
| and remanded for a new trial.
| Board Of County Commissioners
| Jackson County VS.. John Kaul; error
| from jackson county. Motion for fur
| Their direction to the trial court denied.
! William Gardner ct al VS.. the State
of Kansas ex rel, etc.: error from Sa-
| line county. Affirmed
BY MASON. J.
The K. C. Elevated Ry. Co. VS.. Mona
Croft; error from Wyandotte county
common pleas. Affirmed.
| C. N. Norton VS.. Ira M. Bruce; error
from Reno county. Modified and re-
manded for correction Of Judgment.
| John Wiswell VS.. Charles v. Sim
mons ct al; error from Cherokee coun-
| ty. Affirmed.
| A. M. Horner VS.. Theodore Schin-
stock; error from Kingman county.
Ralph F. Chute. a minor. VS.. Chas.
p. Moeser ct al; error from Shawnee
| county. Affirmed.
| BY SMITH, J.
The State of Kansas ex rel VS.. B. D.
| FRY ct al, etc.; error from Dickinson
county. Reversed and remanded with
| instructions to grant permanent in
| junction in favor of the plaintiff below
| as prayed for.
1 r. Goffinet VS.. Laura Soper ct al;
| error from Marion county. Reversed
| and remanded with instructions to re-
| instate the case and for further pro-
| ceedings
| The knights of the Maccabees, etc..
VS.. Anna Nelson; error from Atchison
| county Reversed and remanded with