The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-01-09
TRUST MUST PAY.
CONTINUED from PAGE one.l

/
she was employed by the county
health officer and when she presented
! her bill the board refused to pay IT
| The supreme court holds that was
an emergency and that the bill should
have been paid.
Care in Crossing Car Tracks.
In the suit of J. w. Thomas against
the Kansas City Elevated Railway
company on an appeal from the court
the supreme court holds that a man
is not entitled to damages for injury
received unless he uses ordinary care
in crossing street car tracks. Thomas
got off a Sixth street car in Kansas
City, Kan, at Ann avenue. He turned to
cross the street and saw another car
coming toward him on the parallel
track 1t was raining and he turned
up his coat collar and turned down
the brim of his hat. AS he stepped
around the car from which he had
just ahghted he saw the other car
coming toward him and about forty
five feet away. Instead of stopping
and waiting for the car to pass he
went on and was knocked down and
badly injured. The supreme court,
while it says that the company was
running its cars at a dangerous speed,
holds that Thomas was reckless in
crossing the track and that he
should not have any damages for his
injury.
In the suit of Ben Johnson as adj
ministrator of the estate of Christian
Anderson who was killed by ROCK
Island train at Alta Vista, the SUI
preme court held that Anderson did
not exercise proper care in crossing
the railroad track and, as in the case
of Thomas, could not collect any dam
ages because of his carelessness.
McCabe Gets His Salary.
The supreme court in the suit of the
"
Cabe, former city engineer, affirms the
decision of the Shawnee district court
and gives McCabe Judgment for
$364.5O. McCabe was appointed city
January IA, 1907, the mayor suspend
ed McCa,be. On April L of N1e same
year McCabe was reinstated in the
office and five days later he resigned
salary due him while under suspension.
The supreme court holds that he is
entitled to the money.
Homestead Rights InvioIate.
Just because a man goes to another
state and votes at a city election 1t
does not mean that he has given up his
homestead right in Kansas. J. H.
He went to Oklahoma and voted at
city election. The Usage Mercantile
attached his property in Golf
fey county to collect a debt, but the
Mrs. Blanc was able to show that the
property was a homestead. The su-
preme court, in affirming the decision,
says that a man who votes in another
again in Kansas until he had re-
his residence here. 1t does
not mean that he has given up his
home in this state.
Court Deals With Cabalistic Letters.
The Kansas courts were served with
notice by the supreme court today that
the letters R. M. L. D., when used in
reference to a United States Internal
revenue matter, mean Retail Malt
Liquor Dealer Lucy Stevenson was
convicted Of running joint IN Iopeka.
The chief evidence against her was
the internal revenue office records
which showed that she had obtained
and paid for ''R. NJ. L. D." license
She insisted that the use OF these let
tiers did not mean that she was run
ming joint and selling liquor, but the
supreme court, in affirming the deci-
sion of the district court, says that IN
all matters of this kind these initials
in the internal revenue records mean
a liquor dealers license.
In case of Adopted Child.
An adopted child is entitled to the
egaI share of her foster parents
property, but is not entitled to any in
.erest in the property Of other rela- |
ives of her foster parents This Is |
he suit of Irene Boaz Sweeney |
against Henry Boaz. Irene Boaz |
Sweeney was the adopted daughter |
# Asa Boaz and wife. A brother of !
he foster father died interstate. After |
he death of Asa Boaz the adopted |
laughter then claimed a portion Of /
he estate Of her foster fathers broth |
IT. The district court OF Jewell /
county gave her share in the prop
.rty, but the supreme court reversed
s11fo GOV a c
tiled to it.
Husband Guilty OF Arson
In Kansas a man who burns the |
house belonging to his wife is guilty
# arson under the decision OF the
Kansas supreme court in the appeal
f Hiram NJ. Shaw who was convicted
# this crime in Trego county. The
egal identity of husband and wife
g one person does not hold in this
tate as the legislature has provided
hat husband and wife could transact
business with each other the same as
{ they were unmarried. Shaw and his
wife had separated. One morning he
.ot drunk on mexican Hop" drink
which the supreme court does not
NOW about but which the jury that
onvicted Shaw says is Intoxicating.
While drunk Shaw set the house on
ire.
Examiners in CoOIsey Case.
The supreme court today appointed
he members of the Kansas board of
lw examiners to try the disbarment
brought against r. A. Cook
ey of Kansas City, KAN, on the charge
maliciously prosecuting w. c. Trick
tt The board of law examiners is
opposed of the following: ]. D. Nc
'arland, Topeka; A. C. Mitchell, Law
ence; G. H. Buckman, Winfield; D. NJ.
)ale, Wichita; Ansel R. Clark, Sterling.
The instructions of the court in the
ase Were:
Issue referred to the state board of
aw examiners to take evidence and re-
ort to the court with findings of fact
nd conclusions of law.
This makes the committee PRACTICAL |.