davidaulloa/AmericanStories huggingface dataset:
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-08-19

South st. Paul, Aug. 19.-Hogs
steady 1900, $7.S5 to $40. Cattle,
1000 steady, Sheep weak, 400.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-08-19

A man is most cruel when he hates,
a woman when she fears.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-08-19
GRAIN MARKETS.

chas. e. Lewis G. Co, Grain and Stock
Brokers, Morton Block.
Fargo, NJ. D.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No 16 100

No. 16,492.
E. w. Jerrils, Appellee,
German-American Insurance Company.
Appellant
Appeal from Chautauqua County.
AFFIRMED.
Syllabus. BY the Court Porter j.
l. Under fire insurance policy pro-
wang that in the event Of a disagree
ment as TO the amount of the loss each
Two appraisers shall select an umpire and
appraise the loss and that no action shall
pc maintained on the policy until such
appralsement has been made, the insured
discharges his obligation in that respect
When he, appoints an appraiser in good
faith; and, where the two appraisers fail
TO agree upon an umpire and the ap
praisement fails without the fault of the
insured, he is not required to propose the
selection of other appraisers but may
maintain an action upon the policy.
In an action upon a fire insurance
suance of the policy. the payment of
the premium and loss by fire, alleged due
performance of the conditions of the pol
icy on the part of the insured. The an
swer alleged that after the fire occurred
a disagreement arose as to the amount
never been ascertained by appraisers as
provided by the policy. The reply was a
general denial. Held, that under the
pleadingS 1t was proper for the plaintiff
to show that he appointed an appraiser
in good faith and that the two apprais-
ers were unable to agree upon an umpire
for which reason no appraisement was
made.
All the Justices concurring.
A true copy
Attest: D. A VALENTINE,
LSeal] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12

emulation of penalties but did not ar
rest the running of the statute as TO
penalties already incurred.
2. 1t is the duty of a railway company
will meet not only the ordinary and us
uaI requirements of the traffic but also
to provide for such increase of business
and demands for cars as can reasonably
be anticipated. If. however, there is a
rush of business or congestion of traf-
fic which could not reasonably have been
anticipated and there is a delay ar1s-
ing from circumstances beyond the con-
troll of the railway company 1t Will be
deemed to be abnormal and such an I'M
avoidable accident as will excuse nom
compliance with the demand for cars
and relieve the company from the pen
altieS provided for in the act.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
GSealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
published in The Topeka State Journal
April II, 1901

April IL, lS1O.l
OFFICIAL, CITY COMMISSION PRO-
CEEDINGS.
Commission Chamber, Topeka, Kansas,
April 9, 1910 The City Commission met
in regular session at o'clock a. m. with
the following Commissioners present.
Bone, Holman, Miller, and Tandy-4.
Mayor Billiard in the chair
On motion of Commissioners Bone, Com
missioner NJ. c. Holman was elected as
Commissioner Of Parks and Public Build
ings.
on motion of Commissioner Holman,
Commissioner Bone was elected as Com
missioner of finance and revenue.
On motion of Commissioner Miller, Com
missioner Tandy was elected as Commits
sioner of Streets and Public Improve
on motion of Commissioner Tandy.
Commissioner Miller was elected as Com
missioner OF Wateworks and Electric
Lights.
Commissioner Miller moved the regular
meetings of the Board of City Commits
sioners be held Monday morning of each
week at o'clock a. m, the motion being
adopted
Application of A. B. White for position
of Plumbing Inspector, was presented,
read and on motion of Commissioner Mill
err action was deferred until an emer-
gency arises.
Application of John Sheahan for posi-
ton of Plumbing Inspector, was present
ed. read and action deferred until
emergency arises.
Application Of A. z. Jones for position
of Food Inspector, was presented read and
action deferred until an emergency arises.
An Ordinance, fixing the salaries of the
Mayor and the Commissioners Of the City
Of Topeka, Kansas, and repeating section
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 16, 464.
Josephine L. Holt, Appellee,
Martha M. wilson, Appellant.

Martha M. Wilson. Appellant
Appeal from Lyon County.
AFFIRMED.
Syllabus. BY the Court Porter T.
1. Where one part of a will clearly in
dicates a disposition in the testator to
create an estate in fee it will not be re-
Str1cted or cut down to any less estate
by subsequent, vague or doubtful ex-
pressions.
2. A will contained a provision in these
words: The residue of my estate
hereby give and beQueath to my husband,
S. e. G. Holt, during the term of his
natural life. and at his disease the res
idue, that may be left after his death,
son, William N. Holt, if he be living at
and leaves child or children living, then
the said residue of my estate Is be-
queathed to said child or children" Held,
that this clear devise of the absolute fee
of the estate to the adopted son was not
cut down to a mere life estate with
vested remainder by the following sub
sequent language: But If the said Will
liam N. Holt shall die without issue
either before or after the first 1egatee's
estate expires, then and in that case,
direct that the whole of said estate be
to Martha NJ. Wilson or her heirs
8. A rule of construction as applied to
wills is, that punctuation is not to be
regarded if any change therein will rem
der the meaning of the instrument more
obvious.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
LSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12

No. 16, 49,
The L. A. Watkins Merchandise Com
Appellee.
VS..
Missouri Kansas & Texas Railway Com
pany, Appellee,
Appeal from Lyons County.
AFFIRMED.
Syllabus. BY the Court Johnston, G. ].
1. Except as limited by the terms of
the. bill Of lading the liability of a rail-
way company is for all losses of goods
entrusted to it for shipment, except those
occaSioned by the act of God, the public
enemy, or the contributing negligence of
the shipper.
2. The failure to instruct the jury as
to a stipulation in the bill of lading pro-
viding that a shipper shall present any
company within thirty days after it has
been sustained, is not a ground for re-
versal where it appears that the railway
company had acquired full knowledge Of
the loss within a few minutes after 1t
occurred and upon learning the cause Of
the loss had Instituted negotiations to
provide for the payment of the same and
where it denied liability for the loss upon
other grounds than a lack of demand.
All the justices concurrtng except
Graves, j., who did not sit.
A true copy. 81
Attest: D. A. VALENTINE,
LSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
LEGAL.

planes from the premises. The lessor
commenced an action to enjoin such re-
moval and to cancel the lease but was
pending over a year during which time
the removal was restrained by tenn
commencement of the action After this
litigation ended the lessor brought an ac-
ton for rent accruing during the pen,
dency of the injunction proceedings and
recovered. Held, that the mere fact that
for perpetual injunction and to cancer
the lease is not sufficient to defeat his
action for rent
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12

of Ordinance No. 1852. approved March
18Th 1870 was presented by Commissioner
Tandy; first reading of the Ordinance.
On motion of Commissioner Holman,
Commissioner Miller was appointed to look
into the matter of Rules governing the ac-
ton of the Board of City Commissioners
former Rules and make such changes as
necessary.
Resolution. authorizing Mayor to pur-
chase from Sherman J. Joy land on FIJI
more Street between Twenty-first Street
and Shunganunga Creek for purpose of
locating bridge, was presented by Com
missioner Tandy; first reading of the res
olution.
On motion Of Commissioner Tandy. the
meeting was adjourned.
[Sea11 c. B. BURGE,
City Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 16. 265.
J. B. Remington, Appellant,

No. 16. 265.
J. B. Remington, Appellant,
J. T. WalthalI and w H Hickman, APP
pelleeS.
Appeal from Miami County.
REVERSED.
Syllabus. By the Court Johnston. e. J.
l. In the exercise of their delegated pow
ers to grade and improve streets munich
pal authorities are vested with discretion
to determine whether growing trees are
nuisances and what distinctions shall be
removed and when their decision is made
every reasonable intendment of good faith
should be INDUCED but an arbitrary de,
cision by an officer not made in good
faith that shade trees of an abutLing
owner are a nuisance when in fact they
are not and where there is no reason
or public necessity for cutting them down
is no protection or defense to the officer
who cuts them down when an action is
brought against him to recover for the
injury and loss. :,
to pass a resolution directing the OFFICER
in charge of the grading of street not
to cut down certain shade trees until sucn
action had been authorized oy the COUNCIL
All the Justices concurring.
A true copy. -
Attest: d. A. XAbEN vim e..
TSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 1868.
G. w. Bressler. Appellee,

No. 1868.
G.. w. Bressler. Appellee,
VS..
George McVey, Appellant.
Appeal from Norton County.
REVERSED.
Syllabus By the Court. Mason. j.
Where the sole question submitted to
a jury is whether the plaintiff is entitled
to recover upon a contract, and there IS
no dispute concerning the amount, nor
any basis for finding that the defend
ant owes a less sum than that claimed,
verdict for half the amount should not
be received. and If received should be
set aside as contrary to the evidence at
the instance of either party.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 1889.
M. 10, 100.
S. A. Coon, Appellee,


The Atchison, Topeka & Santa Fe Rail-
way Company, Appellant
Appeal from Elk County.
REVERSED.
Syllabus BY the court. Mason, j.
1. Persons carried on a freight train
on which their live stock is in transit, in
going to and fro between the caboose
and a depot are not absolved from the
duty of looking and listening when about
to cross an intervening track their OBJ
legation in that respect being greater
than that of persons passing back and
forth between a station platform and
passenger train that has stopped to re-
ceive and discharge passengers.
2. In personal injury accident against
a railway company there was evidence
tending to show these facts: the plain
tiff accompanied live stock in shipment;
he was told to wait at a depot until
train arrived to which his cars were to
there at any time; he saw it approaching
on a track 90 feet away and started to-
wards it; in crossing an intervening track
he was struck by a switch engine which
was running three or four miles an hour,
receiving the injury on account of which
he sued; a shadow prevented the engine
being visible to him until it had reached
a point within As feet of the place of the
accident, after which he could have seen
to do So Held, that whether under the
circumstances his failure to look consti-
tuted contributory negligence was Ques-
ton of fact for the jury.
All the Justices concurr1ng.
A true CODY.
Attest: ID. A. VALENTINE,
TSeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. Is, 491.
Edgar FuQua, Appellee,

ENBdr fuQuas Appellee,
VS..
ST. Louis & San Francisco Railroad
Company, Appellant.
Appeal from Bourbon County,
AFFIRMED.
Syllabus. BY the Court. Smith. J.
]. In an action to recover damages for
injury to his person the plaintiff, after
sufficiently alleging the negligence of the
defendant as the cause of the acct
dent, alleged in his petition that he fell
and struck his right side against the
edge of the platform of a coach, broke
two ribs and bruised the flesh and LAGER
ated and strained the muscles of his right
side; and as a result of said injuries has
suffered intense pain and mental anguish,
and still suffers pain and mental anguish;
and as result of such injuries he re-
ceived severe shock to his nervous sys-
tenn and ever since has been able to
sleep but little; and ever since has been
unable to perform his usual avocation of
travelling salesman and has been unable
to walk or move about without pain and
suffering. Held, that such allegations are
sufficient to present to the jury the ques-
ton of future disability.
2. The evidence in this case is sufficient
to sustain the verdict and the Judgment.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
D. A. VALENTINE,
Clerk Supreme Court.
No. Is, 203.
Louis N. Rowland. Appel


Louis n. Rowland, Appellant
VS..
The Home Insurance Company of New
York, Appellee.
Appeal from Miami County.
REVERSED.
Syllabus. BY the Court. Graves. J.
l. A policy of fire insurance containing
a provision which reads: TT is stipulated
and agreed if the property, or any part
thereof shall hereafter become mortgage
ed or encumbered without
written consent hereon then this policy
shall be null and void, will not be rem
dered invalid by mortgage upon the in
Sured premises unless it is a valid and
subsisting lien upon the property.
p In such case where the insured
executed a mortgage for the purpose of
securing promissory note payable more
than year after date, for rent expect
ed to become due under a lease where
the term does not commence for five
months In the future. and the insured
property is destroyed by fire before the COM
mencement of the term under the lease,
such mortgage will not be an incunbrance
within such provision of the policy.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 16. 499.
w. T. Young, Appellee,

No. 16,499.
W. T. Young, Appellee,
Missouri. Kansas & Texas Railway Com
pany, Appellant;
AppeaI from Cherokee County.
AFFIRMED.
Syllabus BY the Court. Benson, ].
l. An allegation in petition that notice
of an injury had been given as required
by the fellow-servant act (Gen. Stat 1893
Sec 6999) will be treated as surplusage
where the negligence claimed is that OF
the master in failing to exercise proper
care in furnishing to the servant safe
place in which to work.
. The allegations of negligence by
which it is claimed that laborer in a
coal mine was injured are examined and
found to be sufficiently definite.
g. Where the evidence tends to prove
that a laborer in coal mine had become
aware of the presence Of gas in the room
in a mine where he had been directed
to work, and made complaint about It,
and was then directed to proceed with
his work in the same room and was there
strucfion following the rule given in
Wurtenberger V. Railway Co., 6S Kan. 642
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 16, 465.
John Shertzer ct al, Appellants
VS.
E. S. Myers, Appellee.
Appeal from Neosho County.
AEETD RTE0

z. S. Myers, Appellee.
Appeal from Neosho County.
AFFIRMED.
Syllabus. BY the Court Graves. J.
/. Where an oil or gas lease provides:
ID That the lessee may terminate the
lease at any time by notice in writing
or by surrendering the same and dis
charging it of record" and
20 That the lessee shall pay stip-
ulated rental each year until the royalties
derived from the sale of oil and gas shall
equal or exceed the rental stipulated,
the lessor shall be entitled to receive the
amount of rent agreed upon as long as
the lease remains in force and the roy
alties received do not equal that amount
2. In such a case the lessee completed
eight producing wells and then sold all
which the plant was operated. and the
purchaser proceeded to remove such ap-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. Is, 49,.
Albert e. King, Appellant,

vs.
Emma E. Bellamy ct al, Appellees.
Appeal from Haskell COUNTY
REVERSED.
Syllabus. BY the Court Graves, ].
l. The holder of negotiable paper in
dorsed in blank is prina facie the own
err thereof and the mere erasure of pre-
vious Endorsements does not destroy this
presumption.
upon a promissory note and to foreclcse
a mortgage given to secure the payment
of such note the mortgage when offered
in evidence was Endorsed in blank by the
payee but there had been previous as
signment thereon by the payee which
was erased by red lines drawn through
it. The court excluded the mortgage IN
less the plaintiff would first explain the
erasure which he was unable to do and
for want of such evidence his case was
dismissed. Held error.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 16, 467.
c. A. Lemaster. Appellee,

No. 49, 67
c. A. Lemaster. Appellee,
John Fisher ct al, Appellants.
Appeal from Franklin County.
AFFIRMED.
Syllabus. By the Court Benson, j.
A stipulation in a chattel mortgage that
the property shall be kept by the mort
gagor at a certain place gives to him no
right to continue in its possession at
another place to which it was removed
without the knowledge or consent of the
mortgage, and contrary to his direction.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12

AN ORDINANCE fixing the salaries of
Mayor and Commissioners of the city of
Topeka Kansas, and repeating section
of Ordinance No. 3052, approved March
%, 1910.
BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF
TOPEKA:
Section l. That the salaries of the
Mayor and Commissioners of the city of
Topeka Kansas, shall be in the follow
ing amounts, respectively, payable month
w in cash:
Mayor per annum, $2500.00.
Commissioners, each, per anTTum, 81, $4,000.
Sec 2 Section 2 of Ordinance No. $685.
approved March q. 1910, is hereby re-
pealed-
Sec. g. This ordinace shall take effect
and be in force from and after it's pub
LEGATION in the official city paper
Passed by the Board of Commissioners,
April II. 1910.
Approved, April II. 1910.
TSeau J. B. BILLIARD,
Mayor.
Attest: c. B. BURGE. City Clerk
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
NO. 16, AS.
Maggie O'Neil, ct al, Appellants,

Fred L. Epting, as Administrator, ct al,
Appellees-
Appeal from Corey County.
REVERSED.
Syllabus. BY the Court. Smith, ],
/. Where by the terms of the contract
which created the trust, a cestui que
trust is forced to rely upon his trustees
personal liability, he occupies a position
toward the estate of the trustee which is
identical with that OF a contract creditor
and, in such case he may maintain an
action at law against the trustee or the
administrator of the trustees estate to
recover a debt matured by the terms Of
the contract.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
rSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 16,4S3.
John B. Rees ct al, Appellants,

No. l6, 49,
John B. Rees ct AL Appellants,
VS..
Samuel Kapp, Appellee
Appeal from Leavenworth County,
REVERSED.
Syllabus. BY the Court. Benson,
A mortgagor of chattels may, with the oral
consent of the mortgage, make q valid
sale of the mortgaged property and con-
vey a good title thereto to a purchaser
in good faith, Notwithstanding the pro-
visions of chapter los of the Laws of
1901 making it a misdemeanor to sell or
dispose of mortgaged property without
the written consent of the mortgagee
All the Justices concurrlng.
A true copy.
Attest: d. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
D. A. VALENTINE,
Clerk Supreme Court.

No. 1888.
The Garden City, Gulf and Northern
Railroad Company, Plaintiff.
VS..
James NJ. Nation, State Auditor, Defend
ant.
Original Proceeding in Mandamus.
Peremptory Writ Allowed.
Syllabus BY the Court Smith. J.
/ Section 7o4S of the General Statutes
of 1903 is not repugnant to section s,
Article IL of the constitution.
2. 1t is the duty of the Auditor Of
to register and certify bonds issued under
sfhe above act if he is satisfied that such
aionds have been issued in accordance
with the provisions of the act and that
The signatu thereto of the officers sign
ing the same are genuine.
13 AS a prerequisite to registering such
bonds the Auditor of State is not author
iEed to require a showing that the holder
of the bonds has expended a sum of
rhoney equal in amount to the face value
Of the bonds for land to be used for
1kght-of-way depot grounds, and ter
ferminaI facilities in the city which issued
Che bonds.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12

syI. 2, is not erroneous.
4. Whether In such a situation the
servant, in the exercise of reasonable care
for his own safety knew, or ought to
have known, OF the impending danger,
and whether it was so obvious that a
person of ordinary prudence would not
have incurred the risk were questions for
the jury, and there was no error in over
ruling a demurrer to the evidence.
All the justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
ISeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 1914.
D. NJ. Baldridge, Appellant,
Leopold Centgraf. Appellee.

Leopold Centgraf. Appellee
Appeal from Sumner County
REVERSED.
Syllabus. BY the Court. Mason, J.
/. The ground upon which the court,
notwithstanding the statute of frauds
may compel the complete performance Of
an oral contract for the sale of real estate
such a decree may be necessary in order
to avoid injustice toward one who IN re-
lance upon the agreement has so al
tered his position that he cannot other
wise be afforded adequate relief.
2 The mere fact that a proposed buy
er has taken possession of real estate
with the consent of the owner upon the
faith of an oral agreement for its pur-
the erect of the statute and justify a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-12
No. 16, 459.
William Martin, Appellee,
VS..

No. 16, 459
William Martin, Appellee,
VS..
Ben Garlock, Appellant.
Appeal from Doniphan County.
AFFIRMED.
Syllabus. By the Court Mason. j.
1. In an action based on the frighten-
ening of horse on the highway by an
automobile, in the absence of q request
for more definite instructions, a charge
to the jury that a recovery could be had
if the injury was caused by tue negli-
gence of the defendant without contribu-
tory negligence on the part of the plain
tiff, is not rendered materially errone-
Gus by the omission to state that the
negligence complained of must have been
the proximate cause, and that the injury
must have been one reasonably to have
been anticipated as a result thereof.
2. In such action evidence that the
defendant used language showing dis
regard of the plaintiffs rights may be
sufficient to show such malice as to war
rant the recovery of punitive damages,
although the words were spoken after
the accident had taken place.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
(SeaD Clerk Supreme Court.