The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-01-24
COURT DECISIONS.
J. n. Kesnlcr Of South Kanane Ayemue
Wins His Straight Roads CAee.

A lot Of decisions and judgments were
handed down today by Judge A. w.
Dana OF the district court. chief among
them being refusal to issue an injunc-
ton against the city in the ]. II. Kess-
Ter case. The ruling means that Mr..
Kessler's trees, fence, and = part Of
his greenhouse are placed comfortably
sued ordering the florist to remove his
property before South Kansas avenue
is paved. The case has been under adj
visement for months
New trial was granted In the case Of
Ira C. Snyder against the National vos-
ing Machine company. Judge Dana ac-
cused the jury Of nagrant misconduct
and absolute disregard Of the instruc-
tons of the court Charles Spencer.
who was recently appointed receiver
for the Southwestern Furniture COM
pany has been ordered to sell the prop
erty and pay the company's claims.
The Kessler case attracted wide at
tention. When the city decided to pave
South Kansas avenue, II was discovered
that the center section line did not BIZ
sect the road: that the road. IN short:
had been laid out by the public. instead
Of the county commissioners. Mr.. Kess-
Ter declared that the road had been
travelled for more than fifteen years,
and was therefore q road by prescr1p-
ton.
06IB. AeSSlc1 ALPHABETICALLY PuluISQ Out
that the city wanted to make q straight
road crooked; wanted to run a pave
ment through his greenhouse and
prayed Injunction against Kansas ave-
nue. from Twenty-frst street being
paved according to the municipal sur
vey.
The road has been the subject Of
numerous lawsuits in the supreme. as
well as the district courts Judge Dana
refused to issue the Injunction against
the city, and granted w. c. Ra1ston's
request for a mandatory order requir-
ing Mr.. Kessler to place his greenhouse
where the city declares it belongs.
when the city attempts to make
lasting improvements, no small consid-
Grafton. no minor consideration should
be allowed to prevent il" was the hold
ing of the court
Declaring the jury did not confine it
self to consideration OF testimony. and
fagrantly disregarded the courts in
structions. Judge Dana granted a new
trial to the National Voting Machine
company, the Kansas Voting Machine
company and C. w. Hull in case filed
against them by Ira C. Snyder. Snyder
asked IS. 600 of each defendant. and re-
ceived a verdict OF 1882. Snyder was a
promoter for the sale of stock, and
demanded damages for alleged breach
Of contract.
Several pages Of findings were filed
in the district court by Judge Dana in
the case Of the German American bank
and the Southwestern Furniture COM
pany. The bank held chattel mortgage
for 900 against the company. The
president Of the company turned over
the stock to the bank. The bank was
restrained from taking possession.
Charles Spencer was appointed re-
ceiver for the furniture company,
who has been ordered to pay to
the bank $1S,331 on real estate. sell
the company's property. and render
judgment for the various creditors.
Numerous motions for new trials
were overru1ed, among them the Coz
P1aning Mills request for a rehear-
ing Of the case brought against it by
w NJ. Pedrick, who asked -, $50 for the
loss of a finger. The jury gave him 81
The court refused to accept the verdict
Pedrick was awarded $3.50 The court
| let the decision stand.