The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-13
No. 1851.
Edward Baillod. Appellee.

| Edward Baillod. Appellee.
| VS..
The Nelson Grain Company. Appellant.
AFFIRMED
Syllabus BY the Court Benson. ].
1. A statute Of Missouri provides that:
The betting. shafting. machines. ma
chinery. gearing and drums in all manu-
state when 30 placed as to be dangerous to
persons employed therein or thereabout
while engaged in their ordinary duties.
possible; If not possible. then notice Of its
danger shall be conspicuously posted in
such establishments" (Gen. Stat. of Mis-
| In an action under this statute testi-
mony Of experienced millers was admis-
sible to prove what was the ordinary duty
of a miller when corn mill choked in
operation and 1t became necessary to re-
move tie cause Of such choking.
ciions it appears s that while the defense
Of contributory negligence II available In
an action under the statute. 1t Is some
by that term before e the statute. and is
not considered in the same light or upon
the same basis. This difference. however.
defined.
s. where a corn min choked in opera
ton. and to relieve the choking the miller
Ing out the product below the rollers.
opened a door above. and proceeded to
rake out the corn or product with his
ing rollers. In doing this work his foot
slipped and he was thereby thrown on his
balance and his hand went down upon
| end was crushed between the rollers. II
Is held that the question whether the de-
PENDANT was guilty of contributory negH-
.ence n SO as to defsat his action nssed ON
the statute was one of fact to be de-
termined upon the evidence.
4. The fact that a corn mill is enclosed
| in rpvArfna culinary does
not necessarily prove compliance with
the Missouri statute. II the service re-
nucSi na dsn me to employees ana
ga fec lards underneath or within are pos
sible and practicable, they must be pro-
chanery SO placed as to be dangerous to
employees while engaged in their ordinary
duties is in fact safe,y ana .. securely ely
| guard consists Of an outer covering or
something else.
fAn the Justices concurring.
Attest: d. A. VALENTINE,
| [SeaL1 Clerk Supreme Court
The Board Of County Commissioners OF
the County Of Trego. Appellant and APP
! pel.e.
T. B. Hays ct al. Appellees and Appel
/ lants.
/ Appeal from Treso County
Syllabus By the Court Mason. j.
l.. Trustees Of q county high scnooI
that they should select the best site OBJ
tainable without expense. the title to
which should vest in the county. Tney
popular subscription The owner made q
deed running to the trustees. An action
was brought in behalf OF the county Ask 1si,,
title. A decee was rendered declaring the
county to be the equitable owner. but suf-
fering the legal title TO remain sna IN the
2. The deed above referred to recited a
said county erect a building and maintain
. County High School therein or revert
to the original owner 20. "a n ~ s,. vas
high school has been maintained for sew
eral years. HELD that the grantors have
no To- yer any interest in the property
All the Justices concurring.
Attest: d. A. VALENTINE.
Tseall Clerk Supreme Court
No. 1910.
/ VIM. Hembrow, Appellant.
| VS..
W. NJ. winsor. I.eda E. Reeves. Clarence
r. Winsor, Otto T. winsor and Chester
p Winsor, Appellees.
| Appeal from Sumner County.
1 AFFIRMED.
Syllabus By the Court Porter. ].
An action was brought in one county
against certain non-residents Of the state
and jurisdiction over their property OBJ.
tanned attachment. A resident Of another
county was Joined a. q defendant. and he
was served by summons issued to the
sheriff OF the county where he resided. He
answered challenging the Jurisdiction OF
the court and alleging that the pretended
cause Of action against the nonresident
defendants was not brought in good faith
but for the purpose OF obtaining jurisdic.
ton over him. On the trial demurrer
was sustained on the part of the non
resident defendants. HELD, that az there
was no evidence to sustain cause Of &C.
| ton against the Nonresident defendants
and the action having failed ~ to them
the court had no Jurisdiction over the de.
PENDANT who resided in the other county
and that q motion to dismiss the actor
| as to him was rightly sustained.
| All the Justices concurring.
| A true copy.
Attest: p A VALENTINE.