The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 1919.
Federal Betterment Company


No. $3.50
Federal Betterment Company
John W. Reeves.
Error from Neosho County.
| Syllabus. BY the Court Benson, J.
L: An application for leave to amend a
petition, made when the case is called for
not made to appear that the proposed
amendments are material and the reason
able necessity. thereof is not shown.
g. In en- action to recover damages for
personal injuries, corporal appearances
and conduct, as indicating health or the
lack of it.-are relevant, and such ordinary
competent person who was in a situation
to know. Such appearances and the abfl-
ity to labor before and after the injury,
are ordinarily proper to be considered in
determining the extent of the hurt
g. Where 1T is claimed that the disa bill
ity from such injury continues, the limits
of time covered by such evidence must de-
pend on the circumstances of each case,
and the probability of intervening changes
and must be left to the wise discretion of
the trial Judge. r-s.e..
| 4 Where the bodily condition of a per-
| son Is subject of inquiry, EXPLANATIONS
of present pain or suffering made by the
party who claims to have been injured
may be received in evidence in connection
with his appearance and conduct where
| they appear to be the natural and sponta-
neous expressions of present feeling.
| D. Where the. existence of corporation
| is denied by the defendant any insufficient
| cy in the proof of that fact offered by the
plaintiff is immaterial, where the plaintiff
| and filed in the court a copy of its char
| te-s -s-.- !.
| All the Justices concurring >.
true copy. a.. 81
Attest: D.eA. VALENTINE.
[Seal.1 y Clerk Supreme Court
The Atchison, Topeka & Santa Fe Rail-
way Company
vs.
| a. - Lewis Billings. -fs-.
Error from Montgomery County
| AFFIRMED. SO : .ssse
SYLLABUS BY the Court Johnston, c. J.
l. w mere railway company neglects
! for long time to construct cattle guards
where its road enters and leaves improved
may properly issue. commanding and
compelling it to construct and maintain
| cattle guards as the statute requires.
2 The record of that branch of the case
| seeking a recovery of damages for losses
ALREADY sustained examined andsit is held
| that there was no duplication of damages
| In the award made by the jury
All the justices concurrfng. - w. :
a true copy.
Attest: D. "A. VALENTINE,
lseal-J Clerk Supreme Court
No. 1882
Missouri, Kansas and Texas Railway 20
John j. Quinlan
Error from Labette County
AFFIRMED.
Syllabus. By the Court. Burch. ].
The Plaintiff, skilled machinist employ
ed ny the defendant. was engaged in the
| handled chisel while a helper struck it
with a plainly defective sledge hammer
| supplied by the defendant A silver Of
steel broke from the head of the sledge,
flew into plaintiffs eye and destroyed his
vision Under all the circumstances or
| is held: -,
/. The defendant was guilty of actiona-
| BILE negligence. 81
| 2. No duty rested upon the plaintiff to
| inspect the helpers sledge or to observe
+! Its defective condition He could assume
had furnished the helper proper tool.
g. The failure on the part of the plaintiff
| to observe the sledge did not constitute
contributory. negligence. He could be
or under the circumstances must have
seen it.
| 4. The plaintiff and the helper were not
| fellow servants. E 5r'-
| of injury from the sledge.
6. The question whether the plaintiff saw
the sledge or under the circumstances
| must have seen it was for the jury to de-
| Al the Justices concurrng.--
A true copy. -f -N-E ~
i Attest: D. A VALENTINE. y
| [Seal1 Clerk Supreme Court
No. 1885.
Harry Greentree -fs1s 81 :.
VS.. "a :
| G. w. Wallace, Sheriff
Error from Mitchell County =
AFFIRMED.
| Sylla bus. BY the Court Smith T
/. A motion to dismiss an error proceed
ing in this court will not be sustained for
| the reason that the evidence is not brought
| up to show there was not an entire fat
.ure of proof Of some other fact essential