davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1909-03-09
No. IS, ,SS4.
Amanda R. Clifton,


Chas T. Meuser, Executor.
Error from Miami County.
REVERSED.
Syllabus. By the Court. Mason, j.
1. Whenever a person desiring to estab-
lish a demand against an estate delivers
to the administrator a written notice con-
tanning a copy of the instrument or ac-
count on which it is founded, and stating
that he will present it for allowance to
the probate court at a time named, an
action on the claim is deemed to be be-
gun so as to stop the running of the sta
tute of limitation. 1t is not necessary that
the controversy shall be decided. or that
it shall be submitted for decision, before
the expiration of the period of limitation,
or even that the day first set for hear
ing shall fall within that period.
9 Under the rule forbidding a party in
an action against an administrator to tes-
tify in his own behalf in respect to any
transaction had personally with the
his own conduct if in so doing he neces-
sarily attributes to the decedent some act
attitude with respect thereto; he may not
testify that he rendered services of such
character that if they were performed at
all it must have been with the acquies-
cence of the decedent.
8 In an action against an administrator
for services in nursing. caring for and
boarding the decedent the plaintiff is an
of their performance, unless the circum-
stances are shown to have been such that
acQuiescence by the decedent is not infer
able therefrom
All the Justices coneurrtng.
A true copy.
Attest: D. A. VALENTINE,
CSeaL1 Clerk Supreme Court
The Topeka state journal., 1909-03-09
LEGAL
HOUSE BILL NO. 1s7.

(0ublished in The Topeka State JournaI
March 8, 1909l
The Topeka state journal., 1909-03-09
No. IS, ,903.
In Re Clement L. Wilson,
Appellant.

No Is, $685.
In Re Clement L. Wilson,
Appellant.
Appeal from Thomas County.
AFFIRMED.
Syllabus. BY the Court. Mason, J..
l. The evidence examined and held to
support a judgment of disbarment.
2 Where lawyer accepts employment
to act for someone else in a business
transaction, such as the sale of a tract OF
land. in the course of which he receives
money belonging to his employer, his
wrongful detention of IL is a sufficient
ground for his disbarment although he
may not have been called upon to give
legal advice or to take part in litigation.
All the Justices concurrlng.
A true copy.
Attest: D. A VALENTINE,
ISealJ Clerk Supreme Court.
The Topeka state journal., 1909-03-09
LEGAL.

to assist in effecting a sale of the owner s
land for certain compensation but that
after a purchaser had been procured and
owner wrongfully repudiated the agree
ment and completed the sale without
plaintiffs assistance and that plaintiffs
then elected to treat the contract as end
ed and to bring an action for the value
of the services rendered for which they
ask Judgment states good cause of ac-
tion.-
2. An averment in such petition that the
land owner had died since the sale was
made and that by reason of his death
plaintiffs had become incompetent to tes-
tify to converse tons and transactions had
with him and were therefore unable to
prove the terms of the oral agreement
entered into for the sale of the land does
not destroy the other averments of the
petition, nor operate to defeat recovery
in Quantum meruit.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
-ISeaL1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09
No. 1851.
st. Louis & San Francisco Railroad
Company.

VS..
Thomas German.
Error from Bourbon County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
/. An agreement to make a contract in
the future is not binding unless all the
terms and conditions are agreed upon and
2. Under the facts of this case it can
not not be said as matter OF law that a SHIP
mary negotiations relating to the ship
ment to sign a special written contract
limiting the carriers common-law liabH-
5. If preliminary negotiations relating to
a shipment of cattle have not resulted in
valid agreement that it shall be made
under a special written contract the ship
aItbona RE berqse no yo stgn & eusta snen
of the carrier to require written con-
as shipper has always signed written
contracts, and following the negotiations
he had been using for the shipment in
question.
4. A special written contract limiting
a carriers common-law liability which
rightfully declined to sign 1t by means of
a. refusal to transport @ cattle already in
contract was signed is voidable at the
on a contract which he has been wrong
fully constrained to sign and volun-
sa1y and then take avoid ide it benefit fof G1resS d
But conduct exhibited in apparent recog-
milton OF the contract while the pressure
of the hardship which overcomes the mind
continues will not amount to an affirm
ance; and to constitute affirmance the
conduct of the injured party must be such
to indicate an intention to condone the
wrong and a purpose to abide by it's con-
sequences.
s. Under the facts of this case it cannot
be said a matter of law that the ac-
ceptance and use of a return pass by a
shipper of stock after the stock had been
transported and delivered confirmed a
voidable contract with the carrier under
NI0k hi rxyna n
provided for such pass.
All the Justices concurring
A true copy.
Attest: D. A VALENTINE,
CSeal1 Clerk Supreme Court
The Topeka state journal., 1909-03-09
SUPREME COURT SYLLABI.
No. 15, IA
George W. Reneau

No. 15 IA.
George w. Reneau
VS..
John z. LawleSS
Error from Rawlins County.
AFFIRMED.
Syllabus. BY the Court. Johnston c. j.
l. In an action to dissolve a partnership
and to close up the partnership business
an accounting was had after which the
court, without objection, appointed the
defendant partner as receiver to dispose
Of the partnership assets. After the re-
ceiver had acted for more than a year
without objection and the estate was
mainly settled the plaintiff raised the
question that the receiver was an interest
ed party and therefore disqualified to act
as receiver, Held, that the long acquies-
cence of the plaintiff in the appointment
is tantamount to consent and that he
could not afterwards question the legality
of the appointment
All the justices concurring
A true CODY.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09

No. 15, go
H. King
vs..
Hayden King.
Error from Reno County.
AFFIRMED.
Syllabus. By the Court. Mason, J.
1. Whether a particular device for op-
Grating a circular saw is reasonably safe
is a proper subject for expert testimony
2. In an action by the employee to re-
cover for injuries received in operating a
defectively constructed machine, where it
is shown that although he knew what the
construction was he did not know of the
resulting danger, it Is no defense for the
employer to show that he was equally
ignorant.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
[SeaL1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09
LEGAL.

to guard machinery aec9@rding @ to the fac
places which employees might reasonably
be expected to use in the performance of
their duties, including the taking of turns
at resting.
l. In this case it is held to be a jury
question whether a resting employee who
was injured by an unguarded set-screw
located twenty-five or thirty feet from his
own machine was at an unauthorized
place.
5. An employee within the scope of his
employment may assume that set-screws
revolving so rapidly they are not visible
have been guarded according to the pro-
visions of the factory act and need not in
spect machinery for them; and if he is
injured by coming in contact with such
a set-screw, of whose existence and dam
ger he is ignorant, he is not guilty Of
cOntributory negligence
6. Under the facts of this case 1t is
held that a father and mother had the
right to expect to receive pecuniary bene-
fits from the continued life of their son
and that sufficient data appeared from
which the jury could compute the dam
age they sustained from his death
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaL1 Clerk Supreme Court
The Topeka state journal., 1909-03-09

No 15, S33
Thomas NJ. James,
VS..
Samuel H. Hayes and the Board of Coun-
ty Commissioners of Shawnee
County Kansas.
Original Proceeding in Quo Warranto
WRIT DENIED.
Syllabus. BY the Court. Porter, j.
An appointment to the office of county
assessor under the provisions of section
IS, chapter 40S, Laws of 1907 made by a
board of county commissioners in Janu-
ary 1905 in violation of the provisions Of
the "OId Soldier Preference Law is rem
dered valid by the curative provisions of
chapter 76 Laws of -190S concerning as
sesSment and taxation.
All the Justices concurring.
4 trlle copy.
Attest: ID. a. VALENTINE.
ISeaLl Clerk Supreme Court.
The Topeka state journal., 1909-03-09

No. 15,S15.
Pittsburg Vitrified Paving & Building
Brick Company,
VS..
The Cerebus Oil Company.
Error from Wilson County.
AFFIRMED.
Syllabus. BY the Court. Smith, ].
Where A owns the gas rights in a tract
of land and owns the oil rights in the
same together with the right to drill and
case wells thereon and B drills. cases and
eQuips a well thereon which proves to be
a gas well of great volume and A there
after with knowledge of the facts under
takes and agrees to pay B the actual
cost of drilling, casing and equipping the
cient consideration and an action NAV be
maintaine thereon by B to recover of A
such actual cost of drilling, casing and
equipping the well.
Ali the Justices concurrfng.
A true copy.
Attest: d. A VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09


The Chicago, Rock Island and Pacific
Railway Company
A. c. James.
Error from Marion County.
REVERSED.
Syllabus. BY the Court. Mason. ].
l. car of freight train moving about
thirty miles an hour between stations was
ignited by sparks from the engine. The
conductor discovered Hhe fire and announc-
ed it to several passengers in the caboose:
One of them ran to the rear platform and
was looking forward along the side OF the
train when a severe lurch caused by the
application of the brakes by the engineer
threw him to the ground, causing severe
injuries. In an action to recover damages
therefor, held: ~
out in a loud voice and excited manner
within the hearing of the passengers that
the train or car was on fire, and that
thereupon the plaintiff became excited and
see where the fire was and what danger
he was in, if any, and to provide for his
safety If there was any danger from fire,
his injury resulting from his being upon
ly stopped, does not tend to establish such
negligence on the part of the conductor as
to render the company liable
2. Evidence that the Iurch which threw
the engineer making an emergency applf-
cation of the air brakes, and that the
train could have been stopped almost as
quickly and with less jolting, by a more
gradual application resulting in an ordi-
nary or service stop, does not tend to eS-
tabliSh such negligence on the part of the
engineer g to render the company liable.
Burch, J.. Smith, J., Porter, j., Graves, J.,
cOncurring.
Johnston, c. J., Mason, J., and Benson, j.,
dissenting.
Attest: D. A. VALENTINE,
TSeal7 Clerk Supreme Court,
The Topeka state journal., 1909-03-09
No. Is, ,S51.
Herbert H. Clark.

Herbert H. Clark,
VS..
"A. p. Nichols, ct. al.
Error from the District Court of Wyan-
dotte County.
-a1z AFFIRMED.
Syllabus. BY the Court Johnson, G. j.
l. The statute provides that an owner
may redeem land sold under execution or
an order of sale at the amount for which
it was sold together with interest. costs
and taxes but does not prescribe the rate
of interest to be paid. A mortgage bear
ing interest at the rate of eight per cent.
was foreclosed and the land sold to a
stranger The mortgagor offered to re-
deem claiming that he was not bound to
pay more than six per cent. rate of In
terest. Held, that he was required TO
pay the conventional and judgment rate
of eight per cent. per annum.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ESeal.1 Clerk Supreme Court
The Topeka state journal., 1909-03-09
LEGAL


Published in The Topeka State Journal
March 8, 1901
The Topeka state journal., 1909-03-09

No. 15.6S9.
The Pittsburg Vitrified Paving & Building
Brick Company
VS..
Edwin Fisher.
Error from Crawford County.
AFFIRMED.
Syllabus. BY the Court. Burch, j.
l. Where four men are employed to
work at a certain machine in manu-
featuring establishment and the rules per-
NIT each one to take turn at resting
while the others work, a resting employee
is engaged in the performance of duty
the same as if he were occupied at the
machine.
2. While resting an employee may not
needlessIy wander from the proper sphere
of his work into other departments Of the
establishment and be within the scope of
his employment; but if no resting place
be prescribed and no boundaries be fixed
within which he must confine himself he
may use his discretion in selecting a place
to rest and may. with due circumspection,
rightfuIly occupy any of the vacant places
in the plant near his own machine and in
touch with his work from which he is
not expressly forbidden.
3. In such a case the employers duty
The Topeka state journal., 1909-03-09
No. 1886

NO. 10,SS6-
The Parsons Natural Gas Company,
]. R. Rockhold. as Treasurer of Labette
County, ct al.
Error from Labette County.
AFFIRMED.
Syllabus. BY the Court. Smith, ].
company in anticipation of indebted
ness to the company for gas about to be
furnished and as a guaranty or security
for the return by the customer of a meter
and other properly furnished by the COM
pany, should. on a trial of the question
whether such money should be assessed
against the company for taxation, be pre-
sumed to be the property of the company
until at least the company proves that
the obligations of the customer have been
discharged without the application of such
prepayment.
q BY the terms of the contracts under
which the fund in question was assembled
the five dollars deposited by each cuSto-
mer was a pledge so long as no unpaid
obligation accrued against him and to the
extent any default of payment OF money
due under the terms of the contract ac-
g. The owner and not the holder of
pledge should pay the taxes thereon
4. If the company was liable for the
taxes upon any portion of the 1880 fund
it was not entitled to maintain injunction
against the collection of the tax as levied
until it had rendered payment of the
taxes on such portion.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
CSeal1 Clerk Supreme Court
The Topeka state journal., 1909-03-09
No. Is, ia.
William Hartwig

William Hartwig
Emelie Flynn ct al
Error from Alien County.
REVERSED.
Syllabus BY the Court. Benson. ].
/. An executor who claims to own in
his individual right certain promissory
notes payable to his own order but found
among the effects Of the testator should
not be compelled to make unqualified
return of such securities as the property
of the estate,-the practice in such case
discussed.
2. The probate court has no jurisdiction
to try the title and finally determine the
ownership of such securities so claimed
by the executor himself and by another
person not a party to the proceeding:
Such adverse claims can only be deter
mined in a court of competent jurisdic-
ton. 80
All the Justices concurring.
A true copy.
Attest: D. "A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal., 1909-03-09

SECOND HAND FURNITURE.
-~~~~-~~~~~%~-~~->-~~-~>--~-~
G. H. BOWER & SON.
522 Kansas Ave. Ind S41
Buys, sells and exchanges new
and secondhand furniture and
stoves.
The Topeka state journal., 1909-03-09

JOUH W. OSIeT.
Error from Sedgwick County.
REVERSED.
Syllabus. By the Court. johnson, c. ].
l. Where it appears from the written
contract that 1t was intended to bind some
particular parties but does not show with
certainty who the parties to the contract
were parol proof may be admitted to es-
tablish the identity of such parties.
2 In order to meet the possible exigen-
cies of the proof it was competent for
the plaintiffs to aIlege their right of re-
covery in two counts, one on the contract
The Topeka state journal., 1909-03-09
No. Is, ,6S2.
G. E. Adams

w. A. Kells.
Error from F,inney County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
l. The allowance of compensation for
permanent improvements under the occu-
pying claimants law is controlled by
equitable considerations. The burden of
proofs rests upon the claimant to show
the extent to which the improvement has
enhanced the actual value of the land.
2. Where an occupying claimant in a
trial to the court seeks compensation for
breaking raw land. but offers no proof
of value except what the breaking was
worth per acre when it was done, and the
court asks for additional evidence showing
the extent the improvement has en-
hanced the value of the land and claim
ant declines to offer any further evidence,
a judgment refusing to allow any COM
pensation for such improvement will not
be disturbed.
All the justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal., 1909-03-09

No. 15, ,S94
The Atchison, Topeka and Santa F'e Rail-
way Company,
John O'Ieary and w. w. Rushmore.
Error from Montgomery County.
MODIFIED.
Syllabus. By the Court. Benson, ,.
An order refusing an Injunction to re-
strain the contractors of city from paw
ing part of the railway company's right
of way, long used without objection as
part of public street, should under the
facts found by the district court, contain
provisions to the effect that the improve
ment shall not give to the city or to the
public any title to the land or any interest
that can ripen into a title by user, or that
will obstruct the company in the use of
its right of way for the purpose for which
it was granted. or impair its title there
to-
All the justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE
ISeaL1 Clerk Supreme Court.
No. 15, ,S95
The Van Arsdale-Osborne Brokerage
Company,
VS..
The Topeka state journal., 1909-03-09


The Atchison, Topeka & Santa Fe Rail-
way Company
Arthur WoodSon.
Error from johnson County.
REVERSED.
Syllabus. BY the Court. Graves, j.
1. Where the law relating to a particu-
lar subject is of vital Importance in the
trial of an action, the court should clearly
state in its instructions to the jury, all the
law necessary to explain fully the point
in controversy, aQd not submit to the
jury for it's determination any of the legal
questions involved.
2. Where, upon the trial of an action, 1t
becomes necessary for the jury to decide
whether or not an act conceded to be
wrongful, was justified by the existence
of probable cause, the definition of that
term, and the rules by which it must be
ascertained, should be fully and clearly
stated to the jury in the instructions of
the court
g. A passenger, while quietly and peace
ably seated on a railway train, was ar
rested and imprisoned by the conductor
legal authority. The passenger afterwards
commenced an action against the railway
company to recover damages for such
false arrest and imprisonment. The sole
fendant railway company, was that the
conductor, at the time the arrest was
made. had probable cause for believing
that the passenger arrested had; a short
time before, committed felony, by feloni-
ouSly cutting and stabbing porter of that
train, with intent to kill him. The rail-
way company requested the district court
to instruct the jury upon. the question
of probable cause as stated in instructions
presented. The court denied the request
and failed to give any instruction upon
the subject Held error.
All the Justices concurring.
Attest: D. A. VALENTINE,
[Seal.I Clerk Supreme Court.
The Topeka state journal., 1909-03-09

No. 1851.
Edgar A. Tyner ct al
VS..
Roderick Schoonover.
Error from Elk County.
AFFIRMED.
l. Marriage may be proven by the ac-
acknowledgements and declarations of the par
ties, their cohabitation and conduct and
by general reputation and such proof may
be produced without first showing that
record evidence or the testimony of an
eye witness of the marriage is not avail
able.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
TSeal1 Clerk Supreme Court.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-02-02
RooseveIt Mo J Mand.
CHESS CHAMPION oosnNo
Frank A. Marshall win Play = series
OF Games IN Spokane.

Frank a. Marshall win Play Series
Of Games o. Spokane.
SPOKANE. Wash. Feb. 2 Frank
A. Marshall, three times winner Or
the American chess champIonship.
who has just returned from Europe.
viii play q series OF games In the
rooms Of the Spokane Amateur Attn
letic club, beginning February 90. He
will take on ell the players az the club
at the same time. going from table 10
table until all the games are finished.
Afterward he win give several exhi-
bition plays. explaining the various
moves and countermoves One OF Mr..
Marshalls opponents will be J. G.
Bird. Of Spokane who claims TO be
the oldest living chess and checker
player on the continent. He has been
playing continuously, since 1898.
when, At the age OF 10 years, his
father taught him the first moves on
the board. Mr.. Bird was secretary
OF the first chess club Of 81. Louis. ID
1854. prior TO which he ranked as one
of the best players In that city. He
participated as an amatuer IN all OF
the clubs Journeys until 1895. when
he came west. settling in this city.
Fred BlombeTg. manager Of the
Spokane Amatuer Athletic club. an
nounees that Mr.. Marshall viii begin
tour OF the United States and Can
ada at the close Of the series in spok-
ane. playing in many OF the larger
cities between the Pacific and Allan
tic oceans.
Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-02-02
CITIZENS LOSE
DEBRIS CASE
Supreme Court of United States
Decides in Favor of Miners

WASHINGTON. Feb. 2.-The SUI
preme court yesterday afternoon de-
MED to Timothy Mccarthy, William
Raney and Elmer Doty a writ Of GER
tiorari in their case against the Bunk
er Hill & Sullivan Mining & COncenA
trating company. the Federal Min
ing and Smelling company. the Gold
Hunter Mining and Smelling COM
pany and Larson. Greenough and Nc
Carthy ct al, which case was lost in
the circuit court of appeals.
: This decision renders further at
tempts impossible by them. They
claimed that minerals in waters from
the defendants ore crushing mills
vitiated waters In the Occur d'Alene
valley, destroying vegetation in their
agricultural and pasture lands, also
killing the livestock.