The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
d. A. VALENTINE,
Clerk Supreme Court.
No. 1920.
Van G. Hamilton, Appellant,

Val y. Hamilton, Appellant,
VS..
The Atchison, Topeka & Santa Fee hallway
Company, Appellee.
AFFIRMED.
Syllabus. By the Court Marshall, J.
cause an assessor testifies that he assessed
the real estate in controversy. at certain
valuations, instead of being asked to give
his opinion as to the value of the real
estate.
not be considered, when that evidence is
not produced on the hearing of the motion
3. when the value of land, arising out
of condemnation proceedings is in issue,
an instruction which. permits the jury to
or, less valuable is not erroneous:
cause of complaint that the court did not
properly, correctly and fully instruct the
recfly stated the law. and no request was
made for other additional instructions.
cause the Jury resorted to the process of
addition and division, without any agree
ment that the result of such addition and
jury afterward deliberated further and
agreed upon a verdict
6. Before Judgment will be reversed,
because of misconduct of part of the
jurors in making statements in the jury
room, based on the knowledge of such
Jurors outside the evidence, where upon
the whole record it appears that substan-
tial Justice has been done, it must 9s affir-
d diced ed thereby.
admit photograph of land in evidence
where the value of the land is in contro-
S. knowledge of part of the jurors of
the value of land. and statements CON
case Where the value of the land is in con
troversy, does not Justify this court IN
holding that the verdict OF the 3uEig was as
prejudice.
Ali the justices concurring.
(SeaI! Clerk Supreme Court
No. 1851.
Robert T. Moore. ct al, Appellants.
The Life Annuity Association, Appellee.
Appeal from MePherson County: ,o,
syllabus and BY Fhe Court Iirmef Porter j.
1. A fraternal beneficiary association in
cate with a provision that if it should re-
main in full force for twenty years it
the laws of the association, and the holder
should thereafter be relieved from fur
while the certificate was still in force an
amendment to the bylaws was made de
claring that every beneficiary member
member and required to continue the
monthly payments as long as he lived. In
an action against the association brought
by such member to recover damages for
the alleged reputation of the contract by
the adoption of the amendment it was
shown that in his written application for
membership 1t was agreed that it was
made subject to the Charter. Constitution
and bylaws now enacted or may hereafter
be enacted and that the contract shall
be subject to all the limitations and re-
quirements of the constitution and bylaws
of said Association, with amendments made
which may hereafter be made thereto,
and that he would conform to and be
governed by the Constitution. laws, rules.
regulations and usages of the Association
in force which may hereafter be
adopted Held, following Miller ". Ma
tionaI Council, 50 Kan 234, as Pac. $50
the parties it is proper to look to the by
laws of the association and the application.
and that so constituting the contract the
plaintiff is bound by the new law, there
being no claim that it is not reasonable
and necessary to the accomplishment of
the purposes of the association.
.. Other bylaws of the defendant
ISOLATION considered and held not to take
the case out of the rule declared in Miller
V. National Council supra.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
lSeaL1 Clerk Supreme Court
No. 1929
Alice Q. McBeth, Appellee,
VS..
The Atchison. Topeka and Santa Fe Rail
way Company. a corporation. Appellant.
Appeal from Finney County.
> REVERSED AND REMANDED.
Syllabus By the Court Dawson J.
l. Where the negligence found by the
jury is not the negligence charged in the
petition nor fairly to be inferred there
from. the defendant is ordinarily entitled
TO judgment
an automobile engine stopped a rail
way crossing in the omen country and q