davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No 10,
L. s Hines, Appellant,

No 1851.
L. S Hines Appellant,
w f. Carmen, Appellee.
Appeal from Stevens County.
REVERSED.
Syllabus. By the Court. West, J.
The purchaser of school land under a
certificate issued in 1907 made the re-
quired payments until he defaulted in the
interest installment due December u, 1911
and by the strict terms of section l.. chap
ter us, Laws of 1909, section 1861, General
Statutes of 1909 his rights would become
forfeited by failure to pay or before
October p, 1872. In September he wrote
the county treasurer for a statement of
taxes due on the land and received one
containing an incorrect description. and
returned It for a correct one which he
received October u. The day before
October &c, he mailed to the treasurer his
check for a sum sufficient to cover the
taxes and interest due on the land and
this interest was credited and turned over
to the state treasurer. Held, that the
forfeiture thereby waived, and that
the defendant who October 81, 1872
settled on the land must yield possession
to the plaintiff, the original purchaser.
Johnston, C. J., Burch. J., Porter. J.,
Marshall, J., and Dawson, j.. concurring.
Mason J., dissenting.
true copy.
Attest; D. A VALENTINE,
lSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
D. A. VALENTINE,
Clerk Supreme Court.
No. 1865.
J. G. Collins, Appellee,

No. 10, 800.
J. G. Collins, Appellee,
Union Pacific Railroad Co. Appellant.
Appeal from Wyandotte County, Second
MODIFIED.
Syllabus BY the Court West, J.
L The plaintiff shipped certain house
hold goods, total weight 2200 pounds,
from North Platte, Nebraska to Kansas
City. Kansas, over defendants railroad,
signing a bill of lading which contained
the provision Owners risk, value $1,000 a
hundred-weight' piano included in the
shipment was damaged and in the admis
sion of evidence and in the instructions the
theory of market instead of actual value
was followed. Held, error, but as the
competent evidence warranted the amount
to Justify reversal
S21 90 but Weighing less than 100 pounds.
aside from the bill of lading was signed by
the shipper Two rates were in force, the
one charged on the basis of a valuation
named in the bill of 1ading and higher
one in case the valuation was not limited
Held. that the plaintiff recover only
for the weight of the rug at $1,000 a hun
bred pounds and that having signed the
bill of Iading containing the valuation. he
is presumed to have known the rates in
force and is bound by the one named in
the bill of lading.
All the Justices concurring-
true copy.
Attest: D. A VALENTINE,
ISeal-I Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
D. A VALENTINE,
Clerk Supreme Court
No. 1886
c. NJ. Nillisack and H. II. Keith, Appelees,

NO 13O5O.
c. NJ. Millisack and H. II. Keith, Appellees,
VS..
George Kelley, Appellant.
Appeal from Sherman County.
AFFIRMED.
Syllabus. By the Court. Marshall, j.
The following contract does not provide
for the surrender OF the notes mentioned
signing the contract, but does require
their surrender if paid in the manner
therein set out:
I'VE, the undersigned directors of the
King Manufacturing Company, hereby au-
thorize the secretary of the said company
to turn over to c. NJ Millisack and DIR. H.
H. hieth the first $500 received from the
sale of the capital stock of said company
in excess of $1,000 to be sold first for cash
The stock issued on the receipt of the
said $500 is to be transferred from c. NJ
Millisack and DIR. Fl. H. Keith to the pur-
chasers in equal proportions sold.
In consideration of this transaction the
said c. NJ. Millisack and DR.. H. H. Keith
agree to surrender the promissory notes
given bv the undersigned and aggregating
81 600
THE secretary of the said company is
hereby authorized to pay out of the general
fund of the company any accrufng interest
resulting from this agreement and charge
same to the stock commission account"
All the Justices cOncurring.
true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
LEGAL.
-~~~~~~-~-~-~ -~-~-~-~-~-~~~
No. 1857.
H. Brooks. Appellant,

No. 10 567.
H. Brooks. Appellant,
Central Coal & Coke Company, Appellee
Appeal from Cherokee County.
AFFIRMED.
Syllabus. By the Court Marshall, j.
l. 1t is not negligence on the part OF the
operator of coal mine to fail to inspect a
room in a mine after shots have been fired
to discover defects in the roof and DIS
placed props caused by the explosion OF
the shots
. The rule that employer must FUR
nish his employee a reasonably safe place
in which to work. does not apply where the
employee furnishes his own place. or where
the place is continually changing by rea-
SON of the work itself.
All the JusUces concurring-
\ true copy
Attest y. A VALENTINE,
ISeal.J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
D. A VALENTINE,
Clerk Supreme Court.

No. 10 $50
The state OF Kansas, rel. Lena Rison
Appellee,
Edward Browning Appellant
Appeal from Brown County
AFFIRMED.
Syllabus. By the Court Rurcb
In a bastardy proceeding exhibition of
the child to the jury as evidence of pa
ternity is matter resting within the
sound discretion of the trial court If the
exhibition would appreciably tend to pro-
mote the purpose of the proceeding it
should be permitted, otherwise it sbouId
be forbidden An exercise of the trial
courts discretion can seldom be reviewed
on appeal and should the evidence afforded
by an exhibition be weak or inconclusive
or worthless the presumption on appeal
would be that the jury gave it no more
weight than it was entitled to receive
All the Justices concurring
A true copy.
Attest: D. A VALENTINE
lSeal-I Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
LEGAL.

the construction of a railroad adjacent to
his property, the damages matured, con-
tinuing and prospective, are the subject of
the lawsuit and upon the conclusion of
that action, the matter is res adjudicata
and cannot be the basis of another lawsuit
against the lessee of the railroad. followin e
rule announced in Hubbard V. Power Co.,
50 Kan. 446, 131 Pac 11S2.
D. The lessee of a railroad cannot be
held liable for DANA es to property arising
from the construction of a railroad when
the railroad properly constructed and
the cause of action arose before the lessee
came into possession of the railroad.
All the Justices concurring.
true copy.
Attest: D. A VALENTINE,
lSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

No. 19,413
T. J. Marshall, Appellant
The Wichita and Midland Valley Railroad
Company. ct al, Appellees
No. 10 600.
I. J. Marshall, Appellant
The Midland Valley Railroad Company,
Appeal from Summer County.
AFFIRMED
syllabus By the Court Dawson. J.
franchise to a railroad company for the
ana unambiguous language, its terms can
NOT pc varied or enlarged by testimony
showing an oral promise on the part of
the grantee to pay damages to an adjacent
property owner.
= Where a city ordinance granting a
FRANCHISE to railroad company to use the
streets makes no provision for damages to
property adjacent to the right of way the
substantial rights of the property owners
are not affected thereby.
j. While damages NAV be recovered
from railroad company for. constructing
Its railway so as to shut off or seriously
aIfecC access to private property, or for
changing the established grade and the
IKE, those damages cannot be measured by
a broad comparison of the market value of
the property before and after the con
structon of the railroad. following Atchi-
son & y. r. Co. vs. Garside, 10 Kan 552.
l. When property owner sues a rail-
road company for damages arising from
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

No. 1857.
The city of wichita a Municipal Cor
poration. Plaintiff.
The Wichita Railroad and Light Company,
ct al. Defendants
Original Proceedings in Mandamus-
WRIT DENIED
Syllabus. By the Court Porter. J.
l. Chapter III Laws of 1907, is pros
pective in its purpose and not RETROSPECT
tive and the provision in sub division
fifth, Art NJ therein. declaring that city
commissioners shall have access to and
the right to examine all books, receipts,
files. records and documents of any pub
lie utility the franchise of which has been
extended. for the purpose of verificatfon
and to correct the same il found errone-
Gus. has no application to public utility
whose franchise was extended by an ordi-
nance passed and accepted in 1902 one of
the conditions of such extension being that
the grantee should once in each year file
with the city clerk a detailed statement.
properly verified. showing its operating
expenses and earnings
, Where a public utility corporation
has complied with the provisions of an
ordinance extending its franchise and pro-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
d. A. VALENTINE,
Clerk Supreme Court
No. 10, Al
J. 1. kuter, Appellee,


State Bank of HoIton, Appellant.
Appeal from Jackson County
REVERSED.
Syllabus. By the Court Porter J.
Plaintiff sued the bank for money re-
ceived to his use The answer was gen
eraI denial At the trial. the bank adj
under a written contract which it offered
in evidence and by which he and another
party agreed to exchange properties The
contract contained a provision fixing the
measure of damages for breach of the
contract at $1,000, and authorizing the
bank in case of a default to pay the whole
sum to the injured party The bank adj
nitted that after the time fixed In the con-
tract for its fulfillmenI plaintiff de-
manded and was refused repayment
HELD:
plaintiff is a penalty and not HQuidated
damag the contract is not void, and, be-
bent upon him to show that the other
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No 1852.
Abner f. YanHook, Appellant,

No. 1882.
Abner f. YanHook, Appellant
The Hamilton Coal & Mercantile Company,
Appellee
Appeal from Crawford County.
REVERSED.
Syllabus By the Court. Johnston C. 7
The plaintiff. who was injured while
working in coal mine. sought a recovery
upon the theory that the defendant had
negllgently failed to furnish him a safe
place to work. and it is held that the testi-
mony offered in support of his claim was
sufflclent TO take the case to the jury.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
lSeaLI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
LEGAL.

he claimed belonged to his brother, J. W.
Stuart, a nonresident of Brown county.
But this money was in Brown county on
March 1, 1913, and should have been taxed,
but the Commissioners failed to find
against him. 1t is said the matter will be
reviewed by the State Tax Commission
and left for them to decide"
HELD, that the article is not 1ibelous on
its face
= An innuendO is used to explain the
meaning of words employed by the de-
PENDANT but not to change enlarge their
natural meaning, and whether publica-
ton is HbeIous per or the language
thereof will bear the Interpretation or con-
Vey the meaning ascribed TO it in the in
nuendo are questions of law for the court.
3. The innuendO herein used has been
examined and it is held that it places an
Interpretation upon the language of the
publication which it will not bear.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 1902.
David Kennedy, Appellant,


David Kennedy, Appellant,
The Mennonite Mutual Fire Insurance
Company of Kansas, Appellee
Appeal from Coffey County.
AFFIRMED.
Syllabus. By the Court Mason, j;
Assuming that circumstances existed
making a provision of a fire insurance pol
icy concerning concurrent insurance in
effective unless the application was signed
by the insured, and that the policy was
issued without his knowledge, upon an
application to which his name was af-
occurred he could not enforce the contract
of insurance without at the same time
adopting the signature made in his behalf,
and thereby giving effect to the provision
referred to.
All the Justices concurrfng.
a true copy.
Attest: d. A HALEN IINE,
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
LEGAL.

viding for the filing with the city clerk OF
verified annual statements, showing its re-
ce1pts and disbursements, mandamuS will
not lie to compel the corporation to sub
init its books and records to the city for
inspection for the purpose of verifying the
correctness of such statements
All the Justices concu. --ng
true copy.
Attest: D. A VALENTINE,
lSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 19,6SS.
Jasper Helms, Appellee,


The Southwest Missouri Railroad Company.
A Corporation, Appellant
Appeal from Cherokee County
AFFIRMED.
Syllabus. By the Court Johnston, c. j.
l. A notice served on Monday to take
dispositions on the Wednesday following at
eight a. M at a place which, allowing one
day for preparation after the day of ser
vice. would require the adverse party to
start from the place of service shortly after
midnight on one railroad and transfer to
another during the night in order to ar
rive at the place of taking the dispositions
at eight O'Clock on Wednesday morning
did not afford the party a reasonable op-
portunitv to attend the taking of the
dispositions and is not sufficient notice
?. passenger on a street or interurban
car cannot be declared to be guilty of con-
tributory negligence a matter of law be-
cause he rises from his seat and goes out
upon the rear platform preparatory to
alighting while the car is slowing down and
before it has come to a full stop. Whether
he is negligent in going out upon the steps
before the car comes to a standstilI is a
question for the determination of the jury
connected with the attempt to alight
3. The rule of City of Kinsley '. Morse
40 Kan. 5SS, 20 Pac- ODD. to quotient
dict is upheld.
All the Justices concurring.
a true copy.
Attest: D. A VALENTINE
lSeal-l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 1910.
Van B. Virgins, Appellant,

No. $40.
Van B. Virgins, Appellant,
James A Powell and Ruth Powell, APP
pellees.
Appeal from Decatur County
AFFIRMED.
Syllabus. By the Court. Johnston, G. J.
In an ejectment action wherein the plain
tiff alleges that he is the owner of q tract
of land and is entitled to the possession
thereof and that the defendant is unlaw-
fully keeping him out of possession of the
same an answer of the defendant denying
generally the averments of the petition is
sufficient, and under an issue so Joined the
defendant is entitled to prove any fact that
will sustain his own title or defeat that
claimed by the plaintiff
All the Justices concurring.
A true copy
Attest: d. a. VALENTINE,
TSeaII Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
LEGAL.

party had no claim upon the fund for
, In the absence of such a showing the
bank had the right to hold the fund as
security for any damages the other partly
might have sustained by breach of the con-
;, 1t was error to refuse to sustain the
demurrer to plaintiffs evidence
Johnston, c. J., Mason. J., West j. Mar
shall. j., and Dawson. J., concurring-
Porter j.. and Burch, J., dissenting
A copy. -
Attest: D. \. VALENTINE.
TSeaII Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 1881.
The State of Kansas, Appellant.

No. 1881.
The State of Kansas, Appellant
Dr. V L. Snodgrass. Appellee.
Appeal from Montgomery County.
REVERSED.
Syllabus By the Court Mason, J.
The rule applied that an information
need not negative exceptions not contained
in the part of the statute creating the OF
Tense.
Johnston C. J., Burch, J.. Porter, J.,
Marshall, J., Dawson. J., concurring.
Mason J., concurring specially
West. J., dissenting
Attest: D. A VALETINE,
[Seal.J Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
d. A. VALENTINE,
Clerk Supreme Court
No. 10. 9S4
The State of Kansas, Appellee,

The Missouri Pacific Railway Company,
Appellant
Appeal from Cherokee County.
syllabus BY the Court West, J.
l. The Webb Kenyon Act. 81 Stat. at
Large. (699) removing the interstate charac-
ter and protection from intoxicating liquor
shipped into n state for the purpose or use
in Violation of its laws is a valid exercise
of the commerce power vested in Congress
In passing bill by the Senate upon
recousideration after a veto it is not essen
tfaI that two-thirds of all the senators
vote therefor but it is sufficient If two
thirds of a quorum support such bill
2 The act in question is not void as
delegation of power over interstate com
merce but is legitimate exercise OF such
The constitution was not framed and
Who xioIate statutes but for the good of
the entire citizenship and is to be con-
Changes in social conditions and the ad-
vancement made in respect to the health
morals and , wef "a the OF ons does
oppose but favors congressional action
which makes for the promotion OF ooed-
g. The Mahin Act chapter 24S. Laws of
1913. is not void as an attempt TO regulate
the Webb Kenyon Act. Is valid enact
ment concerning the bringing into the
state of intoxicating liquor for unlawful
The title of the act is sufficient
8 The Senate Journal does not affirm
atively show that the bill was not read by
sections on its final passage and the pre-
suu1ptfon is that the requirements of Sec
tion 10 article of the constitution were
observed.
o. The requirements concerning state
ments in writing to be made or taken and
filed with the county clerk do not violate
the provisions of the interstate commerce
act as amended. (Secs. 1920.
10 Provisions of the act relating to
shipments within the state and the deliv-
ery of liquor to minors do not affect this
prosecution and cannot be invoked for the
purpose of building up the defense that
the statute is unconstitutional.
IL The authority given the agent to
refuse delivery of a shipment of intoxicat-
ing LIQUOR when intended for unlawful
does not confer upon him judicial power.
10 Bringing into the state property to
he used in violation of its laws is legiti-
mate subject of punitive legislation akin
70 that of bringing in stolen property.
IL The information in twelve counts
charged the unlawful bringing of intoxi-
eating liquor into the state in twelve 9TH
ers its unlawful delivery here. and in the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
D. A. VALENTINE,
Clerk Supreme Court

No. 20,014
No. 20,0S0
J. w. Ledbetter, Appellee.
VS..
1.-THE Sunflower. State Oil Company and
the Cudahy Refining Company, Appellant.
Appeal from Barton County.
AFFIRMED
Nellie Ledbetter, Appellee,
(The Sunflower State Oil Company and
the Cudahy Refining Company, Appellant
Appeal from Barton County.
AFFIRMED.
Syllabus. By the Court. Porter, J.
1. In action to recover damages for
a tort committed by corporation, in
which action another corporation was
Joined as defendant, the petition alleged.
that subsequent to the injury and damage
complained of, the first corporation sold
and transferred to the other all its cap
ital stock, assets. contracts and franchises,
and thereafter ceased business; that it was
consolidated with and merged into the alb
sorbing company, which by reason thereof
tition stated a cause of action against the
absorbing corporation
p Where the absorbing corporation is
by law answerable for the liabilities of
the old, such liability well as the ex-
tent and amount thereof may be established
in one action, and it is not essential even
in the case of a claim founded upon a
tort that the creditor first establish his
demand against the original tortfeasor.
All the Justices concurr1ng-
true copy
Attest: D. A VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 1889
Swan johnson. Appellant.

No. 1889.
Swan johnson. Appellant.
VS..
c. F Gustafson, as alleged guardian OF the
estate and person of Swan johnson, APP
pellee.
Appeal from Sha --nee County.
Second Division
AFFIRMED.
Syllabus. By the Court Marshall, j.
l. A probate court may without notice
appoint a successor to a guardian for n
lunatic who has been duly adjudged to be
a person of unsound mind, confined IN
the state hospital for the insane, and DIS
charged therefrom improved
. In insanity proceedings in the pro,
bate court. a person adjudged insane and
placed in the state hospital for the insane,
and then discharged as improved Is pre-
sumed to be insane until it is found that
he has been restored to his right mind,
under sections 4S44 and 4S45 of the General
Statutes of 1909.
All the Justices concurr1ng.
A true copy -
Attest: d A VALENTINE,
ISeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10

Lydia Kruse, ct al, Appellants,
vs.
Mary Fredlum, ct al, Appellants, and
Louisa l.. Rose, Appellee.
Appeal from Jewell County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
1. An owner of tract of land transfer
red ii to her father without consideration
and findings In the trial court in con-
troversy to the ownership of the land
that she was induced by undue influence
to make the conveyance and that she made
it with intention of parting with her
interest in the land are held to be sup
ported by sufficient evidence.
. While the title to land can not be
established by reputation of ownership
in the vicinity of the land evidence OF rep
utation may be admitted to show notice
or notoriety of claim of title.
All the Justices concurring.
true copy.
Attest: d. A VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No. 1914.
H. S. Ireton, Appellant,

II. S. Ireton, Appellant,
The Atchison, Topeka & Santa Fe Railway
Company, Appellee.
Appeal from Cowley County.
AFFIRMED
No 1881
w f. Schwantes Appellee,
The Atchison. Topeka & Santa Fe Railway
Company, Appellant
Appeal from CowIey County.
REVERSED.
Syllabus. By the Court Burch- j.
The rule that an employer is not liable
for the consequences of negligent acts of his
employee committed outside the scope of
the employment applied in an action for
damages resulting from a fire maintained
by laborers for their own domestic pur-
poses on the right-of-way of a railway
company which employed them to lay steel
and ballast track.
All the Justices concurring.
a true copy.
Attest: D. A VALENTINE,
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-11-10
No 10 80

No. 1879.
The German American State Bank, a cor
pOration, Appellant,
T. w. Andrews. Appellee, ct al.
Appeal from Shawnee County, First Dr.
vision
AFFIRMED.
Syllabus BY the Court Dawson, J.
L Where the district court refuses to
allow belated amendment to a petition
but admits evidence the subject matter
of the proposed amendment, no reversible
error can be predicated such refusal
, Ordinarily it is not reversible error
to sustain objection to motion to
amend a petition although the grounds of
the objection may be defective or lack
precision of language
3 Rule followed that the allowance or
refusal of belated amendments to plead
ings is within the sound discretion of the
trial court
All the Justices concurring-
A true copy. -
Arrest: D. A VALENTINE,
TSeaL1 Clerk Supreme Court