The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-11
No. 15,7o3.
George Francis

Calista J. Brock.
Error from Montgomery County.
REVERSED CONDITIONALLY
l. Where an action tito for personal Ia ininrie.
is tried to jury, and special questions of
fact are returned with the general YER
consistent with each other and with the
general verdict, no judgment can be en-
tered thereon, and new trial must be
2 Where. in such case, the point of
Inconsistency relates to the amount of
damages awarded, and the special find
ings of fact state several elements of
damage and give the amount of each
separately, this court,-when it appears
from such findings that a fair and rea-
| sonab!e amount has been allowed by the
@ury for all the elements of damage sus-
tanned by the plaintiff,-may give the
pialnt1n the option of accepting a judg-
ment for the amount so found or a new
| trial. -
| 3. The special findings in this case ex-
amined and an option given to the plain
| I'M to accept judgment for $1,000 or have
| All the Justices concurr1ng.
Attest: D: A. VALENTINE,
lSeaLI Clerk Supreme Court.
No. 1904.
The State of Kansas
Henry Werner.
Error from Leavenworth County
REVERSED.
Syllabus. By the Court. Johnston, e; J.
| LII pIOCceulI2 Drought under Charter
| 3SS of the Laws of 1903 to enjoin the main
tanning of place where intoxicating
| liquors are sold and kept for sale tenn
porary restraining order may be granted
when the action is begun and in case of
| the absence of the district Judge from the
| county, of his disqualification or inahil-
| ity to act when the application for the in
| Junction is made the probate judge may
g era a temporary restraining order and
| the uiSoDed1ence of such an order NAV be
4 punished a contempt.
All the Justices concurring
Attest; D. A VALENTINE,
| tSeaL1 Clerk Supreme Court
| No. 1873.
| Lewis F. Cooper,
The City of Goodland and Thomas Cos
Error from Sherman County
| AFFIRMED
| Syllabus. By the Court Smith
| l. Under the provisions of Chanfer iiss
Laws of 1907, power is delegated to cities
| OF the second class to make by Ordinance
| every necessary and reasonable regulatio
dor the control operation and mainten-
IT Of the dt9 the
| regulation be not in derogation of the
laws Of the state nor subversive of the
property rights of the inhabitants
2 An ordinance of a city of the second
| class, owning and operating water-works
| to supply its inhabitants which prohibits
consumers from taking from its main
any water except such as shall have been
| measured by means of water meter and
OTderad
by the mayor and council shall be fur
nished or the expense thereof be borne
by the consumers sun severaliy, also reserv-
ply of water for a violation of the reguIa-
lions, is not unreasonable but is valid
All the justices cOncurring.
A true copy.
Attest: D. A. VALENTINE,
lSeaLJ Clerk Supreme Court
] No. 1929
The State of Kansas
F. NJ: Holcomb County Clerk.
| WRIT AWARDED
| Syllabus. BY the Court Burch. ].
Fees for hunters licenses issued under
the provisions of chapter 26 of the laws
of 1905 belong wholly to the state and the
county clerk and county treasurer are
merely agents of the state for their col
lection and remittance.
All the Justices concurring.
I A true copy.
Attest: D. A. VALENTINE,
! ISeal1 Clerk Supreme Court.
| No. 5000.
| The City of Cherryvale,
| VS..
} Minerva Hawman and Frank Hawman.
Error from Montgomery County.
AFFIRMED
Syllabus BY the Court. Mason J.
1. In an action upon the statute liking
cities liable for injuries done by mobs an
instruction that "a mob is an unorganized
aSsembage of many persons intent I'M
lawful violence either to persons or prom
erty'' is not erroneous because ii makes
no reference to a determination on the
part of those composing the assemblage
2 Where the members of a chariyari
!: party forcibly place a bride and groom in
a wagon against their viii and draw
them up and down the streets, they are
engaged in act of unlawful violence
within the meaning of such definition.
The fact that they are good natured and
intend no serious harm to any one does
not absolve the corporation from liabiI-
ity.
All the Justices concurring
| Attest: ID. A. VALENTINE
ISeaLl Clerk Supreme Court
No. 1888
Edgar B. Corse,
W. L. Kelly
Error from Kiowa COUNTY
AFFIRMED
| SYLLABUS BY the Court. Mason I
J i Where a prospective purchaser ~
real estate. who has been solicited to buy
it by a broker having a non-exciusiya
| agency for its sale, definitely decides NOT
to do so, the owner is not liable for q
! commission although shortly aftarzards
acting in good faith he sells 1t to the
same person through independent nego-
tiations set on foot By one who is not a
| real estate agent. and who neither re-
vices having indirect interest In the
| sale being effected
All the Justices concurring
Attest D. A VALENTINE,
GSeaI1 Clerk Supreme Court.
Lille Atkinson and Ed Atkinson,
: VS..
/ The J. r. Grove Coal & Mining Company
Error from Cherokee County
REVERSED
Syllabus. By the Court Graves J.
4 1. In an action commenced for the pur-
{ pose of settling disputed questions Of title
. sion thereof. either party is entitled to q
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