The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-04-12

the animal
W. E. Sterner of Abilene brought
suit against B. H. Issitt for damages
to horse which jumped into wire
fence on meeting Issitt's motor car.
Sterner had yelled, look OUT when
the horse began to jump. Issitt did
not stop his car and the court held
that on such a signal he was not
bound to do SO.
Five Shawnee county cases were in
the decisions which came down today
from the supreme court Four of the
cases were affirmed-two from each
division of the local court. fifth case,
from the first division of the Shawnee
county court, was reversed.
Jessie Upton, a well known Topeka
stenographer and for many years con-
fldential secretary in the office of Crane
& Co., will collect her full judgment
of $2,175.20 against the Topeka Rail-
way company for personal injuries sus-
tained two years ago. Miss Upton at
tempted to board car late one night.
Her foot caught between the car rail
and the brick paving and she was
thrown heavily to the pavement. Physi-
clans testified that her injuries were
permanent. The lower court gave her
judgment for $2,175.20 and the supreme
court today held that there was no
error in the trial of the original case
on which to base a reversal or new
trial
The Thomas J. Seward case is to be
given an inning in court under the
ruling of the supreme court. Records
showed that Dennis F. Seward died
from injuries received while in the
employ of the Kaw Valley Ice & Colo
Storage company. Suit was filed
against the company by the young
mans parents. In the original trial
the court ordered the jury to return
a verdict for the defendants. Later
new trial was granted and the defend
ant company appealed to the supreme
court. In their decision today, the su-
preme court held that the case should
be submitted to a jury.
A surety company is liable for lumber
used in the building of concrete forms,
as this lumber is part of the material.
That is the decision which the supreme
court made in affirming judgment by
the Chicago Lumber company against H.
J. Douglas and the Federal Union Surety
company. Douglas built the basement at
the Memorial building. The Federal Union
surety on the contract and the lum-
forms. AS this lumber was not part
of the permanent structure, the surety
company refused to pay the $1S9oSS claim
for the material. Judgment was secured
in the district court and the opinion was
approved by the supreme court
The case of Arlie Carter against Ben
was affirmed Mrs Carter sued in Shaw
nee county for divorce and almony In
the trial of the case, Garter produced a
decree which he had obtained against his
wife in d Missouri court. The decree
was admitted, but fraud and irregulari-
ties were claimed. The court found that
the Missouri decree had been secured IN
conformity with the laws of that state
and Mrs. Carter was denied her right to
collect almony under the Kansas law.
In the fifth case from this county, John
C. Madden had sued the Union Pacific
Railway company to collect on judg-
ment against one Fred C. McMann. Mad
don 1iG1n
property in the possession of the railway
The property was turned over
OFFICIALS and was later seized by Madden
under court order. The supreme couri
held that the method of seizure was 1rreS-
uIar and improper and reversed the case
giving judgment Ior the r"ii"a' win
pany.
Supreme Court Decisions.
The following decisions were hand
ed down today by the Kansas supreme |
BY JOHNSTON, c. ]. /
The A T. & S. F. Ry. Co. appellant |
VS. the Board of County Commission
ers, Neosho Co., ct al, appeHees; ap
peal from Neosho county; reversed
and remanded with directions TO |
overruIe the demurrer to the petition.
H, Bartels, appellee VS.. school DIS
trict No. 118, (appellee) c. w. De-
Lano ct al, appellants; appeal from
county Affirmed.
y
VS.. H. S. Douglas, ct al (The Federal
Union Surety Co. appellanto' appear
rom shawnee county division No. 1.
Affirmed.
Aid, appellee VS.. w. l.. Applng'
guardian, etc, appellant; appeal from
Sedgwick county, division No. 2. At
,irmed. r.
W. E. Sterner, appellant VS.. B. H.
fssitt. appellee; appeal from Dickin-
SON cOIlntT. Affirmed.
Dan Foltz, appellee VS.. Carl Buck,
appellant; appeal from Butler county.
Affirmed.
Henry Inkman, ct al, appellants; ap-
peal from Leavenworth county; re-
1ersed and remanded for new trial.
BY BURCH, J.
The Garden City National Bank ap-
oellee VS.. S. Schulman, appellant; ap-
Deal from Finney county. Affirmed.
Miriam Cheek, appellee VS.. NJ. X.
& T. Ry. Co. appellant; appeal from
Cherokee county. Affirmed
John C. Madden, appellee vs.. =. P.
Rid. Co. appellant; appeal from
yersed and remanded with directions
o enter judgment for the defendant.
Maggie NJ. Bubb, appellee vs. M. K
& T. Ry. Co. appellant; appeal from
4abette county. Affirmed.
Ralph r. Cain, appellant VS.. E. M.
Perfect, appellee; appeal from La
,ette county; reversed and remanded
With directions to proceed according
o law.
John n. Maffet, appellee VS.. Carl
schaar. appellant; appeal from King
nan county. Affirmed.
BY MASON, J.
Michael Aaron, ct al appellees VS..
rhe Missouri & Kansas Telephone Co,
appellant; appeal from Leavenworth
modified by reducing the judg-
nent to s6,0O000 subject to new trial
IN amount of damages.
The First National Bank, of Smith
center. appellant VS.. NJ. w Hardman,
It al, appellees; appeal from Phillips
reversed and remanded with
,irec+ions to render Judgment on the