The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-05-11
CITY MUST PAY.
Mrs. Finson. Whose Husband Was
Killed in Gas Explosion, Wins.

The city of Topeka must pay the
$4,000 damages to Leila Finson for
| the death of her husband from a gas
explosion in a city fire cistern Decem-
Der ii. 1903. The city urged negli-
gence on the part of the gas COM
pany in allowing its mains to leak
gas into the city's fire cistern, but the
court held that the carelessneSs of the
city street commissioner in lighting a
match in a place known to be filled
with escaped natural gas, was the
cause of Finson's death. The cistern
where the accident occurred is in
West Seventh street. 1t was out OF
9epair and Claude E. Finson, the
Including the street commissioner
plaintiffs husband, and four others,
went down into it to clean 1t and &c
pair the walls. Shortly after they en-
tered the cistern the street commits
sioner struck a match to light his
cigar. This caused the explosion of
the gas, which had accumulated in the
cistern. and several of the workmen
were injured, including Finson. whose
injuries resulted in his death soon
afterward. 1t was held by the court
that the city had general knowledge
that gas had been leaking into TINS
cistern and that it was dangerous
place in which to strike a light; that
the street commissioner had charge
of the work and that the city should
be held responsible for either the
damages or the injuries resulting from
his carelessness.
The supreme court today reversed
the Shawnee county district court in
the Lillian Sly case against DR.. l.. M.
Powell of Topeka, charged with mai
practice. DR.. Powell was held re-
sponsibIe in the lower court and dam
ages assessed against him. The YER
diet was reversed on the proposition
that nothing in the testimony in the
case had warranted an instruction to
the Jury that the doctor had claimed
he was a specialist of such skill that
more should be required of him shan
of the ordinary physician and surgeon
The supreme courts ruling was fur-
Their to the effect that just because a
doctor holds himself cut to the world
as an expert in any of the branches of
medicine and surgery, he is not requlr-
ed to possess and exercise a higher
degree of knowledge and skill than
the ordinary practitioner.
The Kansas supreme court in deci-
sion handed down today held that
chiropractors and practitioners of sug-
gestive thera peutics and other healers
who profess to cure sick and diseased
peoY,e must pass an examination and
secure a certificate from the state board
of medical registration and eXamina-
ton. J. N. Peters of Smith county was
convicted Of practicing medicine with
out a Incense. Inc supreme court noIu,
in affirming his conviction, that anyone
who '-profeSsed to treat sick and dis
eased people, maintained an office for
that purple, and trVated patients for
the cure and relief of bodily infirmities
or diseases. by examination of the per-
son and by rubbing the parts of the
body supposed to be affected. doing this
as business for fee is subject to the
law requiring medical examination
The Kansas supreme court has or
dered the Kansas City Terminal Rail-
way company and the Kansas City
Southern Railway company to raise
their bridges across the Kaw river in
Kansas City, Kansas, at once. The
Kaw valley drainage district has COM
pleted much of the work of building
bikes along the Kaw to prevent flood
damage and most of the railroad
bridges have been raised, or are being
raised. The city OF Kansas City and
the two railway companies involved in
this suit could not agree on the street
grades for the approaches of the two
bridges.
The suit of T. A. Pollock against
the city of Kansas City to enjoin the
construction of bitulithic street paw
ing because it was controlled by one
company was reversed by the Kansas
supreme court and sent back to Wyan-
dotte county for a new trial.