The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-05
HACKNEY loses IT
Must Pay First National Bank
Liability.
DIR. F. H. Martin Has His A ien-
nation suit Reversed.
JURY AT FAULT.
Double BarreIed Verdict in the
Case Illegal.
Loaf of Bread Must Weigh Six
teen Ounces.

The supreme court today affirmed
the decision of the Shawnee court in
the Herbert Hackney will case iii
which the receiver in the old First Ma
tional bank had been instructed to
compound bad debts and sell property
under the best terms possible. George
Hackney was Stockholder in the First
National bank. When the bank failed
the receiver was instructed to enforce
the Individual liability act. Under this
act Hackney paid rs per cent of his
assessment in cash and gave three
promiSSory notes for the balance. These
notes were sold by the receiver to r.
NJ. Cobe, who brought suit to recover
the amount due on the notes. The low
er court decided that he could recover.
Herbert Hackney, executor of the
George Hackney estate, defendant in
the lower court, appealed the case to
the supreme court. The supreme courts
decision in this case upholds the per-
sonal liability law against stockhold-
erS,
In the case of John P. sondegard
against DR.. F. H. Martin, appealed
from Shawnee county, the supreme
court held today that in a suit to re-
cover damages for alienation of the
affections of Sondegard's wife a double
barreled jury verdict is Illegal and re-
manded the case to the lower court for
a retriaL
COUuHSdTu Sueu MdTIln 1OT du6IdIluS
the affections of his wife and asked
for $4,000 damages The jury returned
a verdict of one dollar actual dam
ages and $4,000 punitive damages. The
lower court was not satisfied with this
form of a verdict and directed the jury
to retire and bring in a verdict in
proper form. which Is to say to find for
the plaintiff generally and fix the dam
ages in a lump sum. The jury came back
again with verdict for Sondegard
with a verdict for damages of $2001.
The supreme court INDUCED in arith-
metic exercise and discovered that the
last verdict was the sum total of the
two awards of damage in the first YER
dict. The court decided that the jury'S
intentions in this matter were the same
as in the first verdict and finding that
the awards for damages were out Of
all proportfon. sent the case back for
a new trial. The court seemed to he
1ieve that the jury had assessed Sonde-
guards wife's value at one dollar and
Sondegard's affections at 81, 900.
Even though no liquor permits were
issued while he was in office. G. V.
Ricksecker. ex-probate judge of Reno
county, can recover $5549S, allowed
by law in addition to his regular salary
in connection with his permit business.
The supreme court today in upholding
the action of the lower court. which
had given him the damages, held that
lAe SldLulS uuQ6r Wnlcn ne made his
claims for additional salary was con-
stitutiOnal even though permits had
been issued while it was in force. The
statute in question provided that a pro-
bate judge should receive in addition
to other compensation allowed by law
a salary at the rate of SIS per annum
per each 1000 inhabitants in the
county.
The supreme court today held in the
Santa Fe that a railroad company is
liable for damages when it places an
employee in dangerous place to work
without warning or instructions for his
guidance and he is injured or killed in
the discharge of his duties. Fred r
Turner was an employee of the Santa,
Fe at Arkansas City and was killed
while operating a turntable His
widow sued for damages and was
awarded $4,000. Her claim was that
her husband had been killed while
performing this work for the first time
without guidance or Instructions He
was crushed beneath the push pole on
the turntable and the tender of an en-
gine.
C. B. Nash can not recover damages
Erom the Barton Salt company of
Hutchinson for the reason that he
knew he was standing in Il place of
danger and injured in the companv's
upon him. It was shown in the trial
of the case that Nash knew that a
large body of salt was undermined and
about to slide down into the pit at any
moment. He stood under this salt
while another workman struck his
pick into the mass. The salt fell on
Nash and crushed him badly. He
brought suit for damages. which were
denied in the lower court The su-
preme court today upheld the decision
of the Reno ah1y
record to the effect thai an injured
party can not recover damages from a
corporation when he voluntarily as
sumes risks not in line with his duty.
A loaf of '~aad when sold in Kansas
must weigh 16 ounces, eight ounces or
four ounces II must bear A label
showing the true weight This is the
decision Of the Kansas supreme court
today In the appeal of John McCool a
baker of LeavenWorth. McCool made
bread, the loaves weighing Is ounces
and ne sold these as loaves of bread.
The law provides that a full loaf of
bread must weigh a pound and if =
weighs less it must either be a half or
quarter loaf weigh eight or four ounces
and If 1t weighs different amount from
any OF these figures the label must
show the exact weight McCOOI oh
jected to placin the label on his bread
on the ground that it was burdensome.
so a test case was made. The supreme
court held that the requirement was
not unreasonable or burdensome.
The supreme court has reversed the
rders of the district courts in Lvon
and Labette counties in the antitrust
suits brought against the Monarch
Portland Cement company and the
Glenn Lumber company. The attorney
general charged that these companies
had an agreement to handle only certain
brands of goods and TO maintain GER
tain prices on them. The lower courts
Quasned some of the counts against the
companies on the ground that the