The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-12-10
MUST GET TICKET
Railroads Have Right to Eject
Passenger
If His Destination Is Where
Trains Don't Stop.
MANY ARE REVERSED.
Two From Shawnee County in
the List.
MANY ARE REVERSED.
Famous Tawney Hog Stealing
Case Affirmed at Last.

The Kansas supreme court holds in a
decision handed down today, in the case
of w. c. Burgess against the Santa Fe
that where a passenger without ticket
takes train for station at which the
train is not scheduled to stop it is not
negligence to eject such passenger even
if he offers to pay cash fare to the sta
ton to which he wishes to stop. This
case was appealed from Reno county.
w. c. Burgess recovered damages in
the lower courts for personal injury re-
ceiyed by being struck by one of the
Santa Fe trains. The railroad company
appealed and the supreme court reyers-
ed the decision of the lower court, hold
ing that Burgess was nothing more
or less than a trespasser on the rail-
road right of way at the time he was
injured. Burgess boarded a train at
Ellinwood to go to Raymond and he
did not have a ticket and the train did
not stop at Raymond. He offered to
pay cash fare but this was refused by
the conductor who stopped the train at
once and elected Burgess from the car.
In reversing the Reno county district
court in the case of school district No.
s against Laura Duncan, the supreme
court holds that the members of a
school district board have the right to
meet, pass on the school teachers COM
potency and discharge her, paying only
wages up to the time she was dis
missed.
The supreme court hold in the case
of Fred Robertson and w. J. Ratcliff
against c.. F. and Fred Howard ap-
pealed from Rawlins county, that as
between two parties neither of whom
has right to possession of the real
estate in question of which one is in
possession, the other cannot GUST him
therefrom. The lower court was re-
versed in this case. The land in ques-
4iO~1 :, I'd 81 - FL
pe1lees by a bankrupt who had no
right to transfer the property.
The supreme court reversed the
lower court from Ellis county in the
case of Frederick MaiS and others
against Mary Garden, holding that
where an order is made by the pro-
bate court and through accident or
neglect is not entered on the records
it is all right for the court to enter
such order after the lapse of consid-
cradle time. The point of controversy
in this case was over the validity of an
administrator deed which was held
to be invalid because it had not been
recorded in the probate court.
The supreme court upheld the law
passed two years ago to cure the de-
fects of the Barnes high school law.
The case was appealed from Marshall
county.
l. The supreme court reversed cases
with a vengeance in its batch of deci-
sions handed down today. The Shaw
nee iase of Nina H. Quinton against
p. H. Adams was no exception to the
reversal rule. The supreme court held
in this case that the tract of land in
question was not occupied as a resi-
dence by the family of the owner SO
as to exempt it from sale upon execu-
ton for his debts. Nina Quinton re-
covered a judgment against Adams and
caused his farm in Menoke1 township
to be sold for its satisfaction. The
Shawnee district court set aside this
sale in the suit that followed. The SUI
preme court affirmed the Sheriff's sale.
A decision of the Kansas supreme
court handed down today is likely to
operate to make the Kansas child la
Dor law more easy of enforceme nt.
The law prohibits the employment of
children under sixteen years of age,
''at any occupation or at any place
dangerous or Injurious to life, limb,
health or morals" The court holds
| than Is years old is injured at such an
| occupation, he may recover damages
against his employer, although the
| law does not in terms give him "a
right of action" The case decided
was appealed from Crawford county.
An acquittal for the sale of liquor
| in Kansas does not prohibit the state
obtaining an injunction that would
| stop the sale of liquors. M. L. Roach
! and J. N. Roach were charged with
violating the Kansas prohibitory law