The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-04-10
JUL III AUIUISlN
Supreme Court Affirms a Ver-
dict for damages.
Girl Hurt by Being Thrown
~ from Horse.
FRIGHTENE AT CAR.
j. N. Mcdonald, NOtOrist, Paid
No Attention to Animal.
Findings in Hutchinson Custer
Case Are Approved.

case Are Approved.
Any person having control or charge
of an automobile has the right to drive
1t upon any public street or highway
but in so doing he must exercise every
reasonable precaution to prevent the
frightening of horses and to insure the
safety of any person riding or driving
the same, if he does not do so he is
liable for heavy damages to the per-
son or property injured as a result OF
his carelessness. This is the decision
of the supreme court in the case of j.
N. Mcdonald VS.. Grace Yoder, appealed
from Neosho county. Grace Yoder re-
covered a judgment for damages in the
sum of $4,000 for personal injuries re-
ceived through McDonald's carelessnesS
in driving his auto. The supreme court,
in passing on this case, affirmed the
judgment of the lower court but in its
decision merely passed upon the law in
the case. whether or not Mcdonald had
exercised due precaution in driving his
machine and not upon the large amount
of the damages assessed by the jury IN
the case in the first place. The amount
of the damages was not involved in the
appeal nor made point in seeking
reversal of the lower court
Miss Yoder and two other girls were
yriding horseback in the little town of
carlton on the main street when Nc
Donald in his machine turned a cor
ner 250 feet west of the girls and pro-
ceeded directly toward them at a speed
or from ten to thirteen miles an hour
Miss Yoder's horse became frightened
but Notwithstanding the speed of the
auto was not slackened nor was it
turned from it's course Miss Yoder's
horse bolted and ran under tree. In
fa1-dn hot SNrf
overhanging limb she threw herself to
the ground and received severe injuries.
In summing up it's decision against the
autoist in the case the court comments
as follows: An auto is recognized in
law as a proper vehicle of transporta-
ton upon the public highways of the
state. The operation of the machine,
however, is subject to the law of the
road. 1t is obviously incumbent upon
the person having the control of an au-
tomobile in the exercise of reasonable
precaution to prevent the frightening
of horses or the injury of persons rid
ing or driving the same especially in
localities where autos are not much
used The fact that the autoist in this
case continued to drive his machine
forward at unabated speed after Miss
Yoder's horse was frightened appeared
to be the main point against him in
the decision of this case. -i----
In approving the commissioners
findings OF fact in the noted custer
suit against J. F. Harsha, mayor of
Hutchinson, the supreme court TODAY
held that the chief law question in
Volved in this case was settled in the
case against Mayor Rose of Kansas
City. The court found that Harsha
had full notice and cognizance of the
violations of the liquor law in Hutch
1nson and that he failed to notify the
the county attorney as by law pro-
vided and thereby forfeited his office.
The costs in the case were assessed
against defendant and the city of
Hutchinson
In passing upon the culpability of
Hutchinson's mayor in this case and
making application of law the court
held that when an act of the legisla-
ture contains a section which pre-
scribes the qualifications required of
persons to hold certain offices it will
not be presumed that such omission to
enforce the law occurred by mistake
or ignorance of the matter in question
The courts opinion would seem to re-
quire that public officials should Wig
orously enforce the law in their com
munities and continued failure to do
so is sufficient to forfeit their offices
The court stated in its decision that 1t
saw no good reason to disturb the de-
cision in the Rose case from Kansas
City.
IN the case or the western Union
Telegraph Co. VS.. ]. d. Bodkin, ap-
pealed from Labette county, the court
held that the defendant was entitled
to exemplary damages because of
plaintiffs failure to transmit a death
message and the plea that of the COM
pany through the testimony of their
operators that they did not receive
the message was held an insufficient
grounds upon which to dismiss the
case. The defendant had filed the
message and paid tolls thereon and
this fact was sufficient to throw the
burden of prompt transmission upon
the company. However, the court held
that the $500 damages allowed by the
lower court were excessive and the
company is allowed to remit one-half
of this amount. Mr.. Bodkin, the de-
PENDANT in the original case in the
lower courts. filed a message and paid
the charges thereon to inform his
father of the shipment of the remains
OF a deceased brother
The court passed upon three cases