The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-06

Il
The supreme court in Affirming the
4 decision OF the lower court. holds that
| a man be insane and kill another
/ man but that the evidence in this case
was such as TO indicate that Arnold
knew the wrongfulneSs of his act and
/ that ne should be punished for it
He Testified Two Dinerent Ways
A man can set out a fire and it may
| burn another mans barn and the man
admit that he set the fire and then
deny it before jury and he cannot be
4 heid liable for the damage This is in
the decision Of the supreme court in
an appeal Of Lille NJ Johnson against
the McLane Investment Co, from
Barton county The manager Of the
ranch owned BY the company set out
IRE and it got away from him and
burned Mrs Johuson'S barn At the
time Of the fire the manager admitted
that he set out the fire but later de-
MED II in the trial Of the case TO coll
| tect damages for the loss OF the barn
The manager and his men had tried
to stop the FIRE before it reached the
barn but could not do so and the low
er court held that damages therefore
could not be collected for the loss OF
| the barn unless there was further
proof that the manager had set out
the fire.
Under the decision of the supreme
court in the case Of the Richardson Gas
and Oil Co. against the city Of Altoona,
from Wilson county IL Is held that a
L
pany- The oil company was given a
: franchise TO furnish natural gas in Al
toona- 1t was to pay $500 per year as
long as the company had q monopoly
Of the business After making several
payments the company decided that it
was against public policy to continue
further payment under this contract as
the granting of h monopoly was in 11rt-
Gus to the public good, but the supreme
court takes the other view and ordered
the company 10 continue making the
payments
An Awful Crime
John L Sparks who IS more than
a years of age. will have TO serve a
term in the penitentfary for an attack
on a girl of seven years The Kansas
supreme court has affirmed the de-
cision Of the district court Of Kiowa
county in which Sparks was convicted
Of the crime
The supreme court affirmed the couvic-
past twenty-five years there have been
numerous killings in FInney county and
the defendants have in every instance
feaSe- At the time OF the trial of Reed
for the murder OF Browning the friends OF
the former severely criticised the rulings
of Judge w H Thompson the trial Judge
and Insisted that the supreme court would
preme court uD1oldS the stand taken by
Judge Thompson in the trial OF the case
to return a murder verdict in Fiuney
county
Complete List OF Opinions
By BURCH- J.
F. G Jones ct al vs- The Redemption
& Investment CO.. error from Sedg-
wick county Reversed and remanded
with instruction to vacate the Judg-
meut pursuant TO the notion
The state OF Kansas vs. John T.
Reed: appeal from FInney county Af-
By MASON. I
Lille NJ johnson et al vs.. The Nc
Lain Investment Co.; error from Bar
ton county. On reheaHng- Affirmed
The Missouri Kansas & Texas Rail-
way Co vs. The New Era Milling Co;
error from Labette county Affirmed
ct al error from Cherokee county
Modified
zachariah Troyer VS.. William F.
Beedy; error from RawIius county. Re
versed and remanded for further pro-
The State Of Kansas vs. H E Dem
ming; appeal from johnson county
Conviction affirmed but case remanded
for TeSeDte1ce-
The A T & s f Ry. Co vs.. Fran
els W Peck: error from Ford county.
Affirmed
Of Anthony P. Wilson and A P. Tone l
Wilson. Jr--- error from Shawnee coun- |
ty- Affirmed
Claude s Peck ct al vs. Oscar o. |
ApFES- EEEQE Johnson county he-
vsrsed and remanded for a new trial
Frank Heunis vs. AIcfd Bowers ct al: 4
error from Doniphan county RsTerS- 1
ed and remauded for new trial
" H Dewey vs. r. L BObbitt ct al: 1
error from Sedgwfck county Reversed 1
and reuanded for a new trial
State OF Kansas vs. Charles ". Ar
mold: appeal from Sumner county. At |
frmed-
BY PORTER ].
Myron Hayes vs. Joseph z Funk ct
al; error from Ffnney county Revers- !
ed and remanded for a new trial
Richardson Gas & Oil Co vs. City Of 4
Altoona error from Wilson county |
Affirmed
city Of Clay Center vs.. a l. Will
hanson 81 al: error from Clay county.
Reversed and remand for further pro-
state Of Kansas vs.. Ernest Prather.
appeal from Johnson county Reversed 1
BY GRAVES, J.
A p JessUp. sheriff etc vs.. A T L
& 5. z. Ry CO. error from FInney
county Reversed
Modern Woodmen OF America vs.
Robert L Comeaux ct al; error from
manded with directions to enter judg-
ment in favor of the defendant for
costs
state of Kansas vs- C H Wheaton:
appeal from Allen county Reversed
State Of Kansas. ex rel vs. H W
Cox. original proceeding in quo war
ranto- writ denied, judgment entered
for defendant
BY BENSON j.
r r RuckIes vs. The Northeast
Kansas Telephone Co., et al; error
from Brown county; on reargument
Affirmed
F T Galley vs. c. g. Mills ct al
error from Hamilton county Affirmed
Board of County Commissioners,
Bourbon Co ct al vs. MaIinda RaIs-t
ton error from Bourbon county
4