davidaulloa/AmericanStories huggingface dataset:
Cut Bank pioneer press. [volume] (Cut Bank, Mont.) 1909-current, 1915-04-16

Wanted--Fenced pasture with
half section or section.
fol stock. Call Pioneer Press.
County Attorney John Greene
was a business visitor here on
Wednesday evening.
Lost nearly a year ago, pair
steel-colored gauntlets. Please
return to Mr.. A. Klein
Auditor Loneeway of the Lib
by Lumber CO.. visited the local
branch several days of the pres
ent week.
L. N. Robnett has temporarily
severed his connection with the
Teton and is putting in a crop
on lis ranch east of the city.
Phil Younk is here from Kal-
ispell on a business mission. He
is is the guest of Nh. and Mrs w w.
Younk.
Clerk of Court Gibson issued
the following marriage licenses
the past week: Philip Surechief
and Mary Bullplume, both of
Browning; Edward Carbon and
Nina Pearson. both Of Waller.
Jeweler M. S. Bush has just
installed handsome fixtures in
his stand in the Teton. Til e
new fixtures enhance the APP
pearance Of his wares and har-
monte with the appointments
in the drug store.
Cady Platts, associated with
Chance Lewis in the local gar
age, is back to town and has as
sumed charge of the business.
He is looking forward to a good
business in his line this sum-
mer.
John Hall came out from the
Falls Tuesday evening to make
arrangements for putting in a
crop on his ranch in the north
country. John says that Great
Falls is experiencing a business
revival since the smelter re-
sumed operations.
The winter wheat crop is the
most promising in years, is the
opinion of those who have re-
sided here since farming began.
The grain is now about three
inches high and growing rapid
ly. A shower within the next
week or so would prove of great
help to the winter crop.
Sam Soneda, the enterprisine
proprietor of the City Cafe, for
merly the O. X, is having the
place remodeled and both The
interior and exterior present
very inviting appearance. tx
harmonic with the new order
Sam has equipped the p Lax
with new menus, dinner bill
and other things in the printing
line from the Pioneer P r e $
Printery.
It appears quite evident tina
Toole county needs something
better than a paper mache jail
Last week three prisoners tool
a portion Of the roof off the de
~tention place at the junction
and slipped out without tn,
.least annoyance. One Of tn,
prisoners with the pseudonyn
Cut Bank pioneer press. [volume] (Cut Bank, Mont.) 1909-current, 1915-04-16

III LklO
knows how.
Meet me this evening at Bob'a
Smoke house.
Good Flax seed for sale at
$500 a hundred. Inquire at this
office.
The Pioneer Press this week
printed some quality stationery
for Jas. Perrine's Golden Hoof
Stock Ranch.
Several good 5l-gallon barrels
for sale at a reasonable figure
at City Bakery.
Manager Haines and Auditor
Longeway of the libby Lumber
Co., spent most Of the week at
the local branch.
Frank Hammond Of the local
roundhouse machinist staff has
gone to Butte to receive medic
al treatment.
Tom Connolly spent several
days of the week at his home
near Coram.
Mrs. F. M. Shabel and little
son returned to Great Falls on
Wednesday after spending a
week at Milestone Grange.
Henry Dickens returned from
North Dakota early in the week
and is arranging to spend the
summer on his homestead.
E. w. Dircks of Minneapolis
stopped off here Sunday even
ing, en- route to the coast, and
visited with his brother Heinie'
until the following day.
There was a merry dancing
party at the O'Brien home
north of the city Saturday ev-
ening. The dancers did not adj
journ until the little hours.
T.. HI. Kent came over from
Kalispell the first of the week to
look after his ranch interests in
Headlight. Mr.. Kent says the
crop prospects in the Flathead
are excellent.
Members of the house appro-
priations committee will visit
t h 9 various Montana recla-
nation projects this summer,
Browning is scheduled tor a
visit from the committee on
July 9th.
G. G. Madison AYERS t h a |
things are not as bad as they
sometimes seem. Last year a
7O-acre field Of macaroni wheat
produced nothing; this spring il
is volunteering and he believes
the prospect good for an excel
lent crop.
A street sprinkler plying tn,
dust-infested business street
this spring and summer woult
be a refreshing innovation an,
we believe the taxpayers woul,
stand the extra expense with
out a murmur.
Hotel Waller, the best hostel
Try in the irrigation town., ha
been reopened, with j. McCor
mack in charge. The big hote
was closed during the create
part of the winter.
With Knute Void as chauffeu
Col. d. B. Donahue and Stew
Kereazes, Mayor Of Boru, wen
lover to Choteau Tuesday morn
Hing, where the latter apple
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 10, 464.
J. Walker, Appellee,

The Missouri Paciffr-.-1sairway Company,
Appellant
Appeal from edgwick County.
Second Division.
REVERSED.
Syllabus. By the Court. Marshall j.
l. Where the ordinance of city pro-
hibit railroads from blocking or obstruct-
ing any street for more than five minutes,
and entirely prohibit stopping engines,
trains on certain streets, and where
train is stopped on one of the last men
toned streets for the purpose of repairing
the brake rigging on an engine which
without negligence on the part of the rail-
road is broken and dragging on the track
and liable to derail the. train, and the
fire department of the city. unknown to
the trainmen is delayed three four min
utes in crossing the railroad track this
street, and a result property is con-
sumed by fire, the railroad is not liable
for the loss, if it pulls its train off the
street as as it can after it is notified
that the fire department desires to cross
the track.
9. Under section 1881 of the General
STATUTES of 1909 cities of the first class
having a commission form of government
have power to enact ordinances prohibit
ing trains from blocking certain streets
at any time, and from blocking any street
for more than five minutes at one time.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
D. A. VALENTINE,
Clerk Supreme Court.
No. 1858.
Maude NJ. Yard, Appellee,
James E. Gibbons, Appellant.
Appeal from Cloud County.
IyIyT u MED

James lanes. P Glib gibbons 3nan Appellant 9eInfH
appear FIJI MED 'un'S'
Syllabus. By the Court. Johnston, c. ]:
i: The petition in which the plaintiff
was employed as physician to care for
her in her confinement and that he negli-
gently produced premature delivery caus
ing lasceration and also failed to advise
skillfully treat her after the birth Of the
child by all of which she was severely in
jured state single cause of action.
,. Whether a physician or surgeon
charged with malpractice has treated the
reasonable skill and care is ordinarily to
to which the physician or surgeon belongs,
but if there is uniformity in the .prin-
ciples and rules of practice of the different
schools as to any particular branch a
be tested by the standards of the school
is competent to testify as to whether the
performed within the scope mentioned was
properly Gr afg anV and
geons of skill and experience are competent
to testify to whether patient has been
a reasonable degree of skill and care, but
testimony as to many matters connected
the nen statements ate h and acts Of the PHYSICIAN
or surgeon as well as the external appear
anees and manifest conditions which iTa are ire
noneXpert witnesses.
4. The propriety of an instruction upon
a feature of the case becomes immaterial
when special finding of the jury elm
mates that feature from the case and shows
that it was not a factor in the verdict.
3. A physician employed in an obstetri-
cal case is required to care for and aid the
patient not only during her confinement
and the delivery of the child but it is his
duty to make a careful examination of the
patient and give reasonable and proper
attention to any decorations injuries re-
sulting from the delivery and if he fails
in this respect to inform the patient
or those caring for her to her condi-
ton to give them instructions so that
they may act intelligently in the further
care and treatment of the patient he is
guilty of negligence and liable for the re-
sulting injuries.
g. The approval of the verdict of the
Jury is essential to the validity of a judg
ment based thereon and in determining
whether the amount awarded by a jury
is excessive the trial court must act upon
its own Judgment and if satisfied that the
award is excessive the verdict should be
modified set aside. If there is an alb
sence of passion or prejudice in the jury
the court may require the successful party
to remit so much of the award as is deemed
to be excessive submit to a new trial.
Z. The instructions examined and found
to be within the issues of the case and free
from prejudicial error. and the findings
and verdict to be supported by the testi-
mony-
Ali the Justices concurrfng-
A true copy.
Attest: d. A. VALENTINE,
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
LEGAL.

and while an employee who has been
awarded compensation in periodical pay
ments by agreement arbitration may
ask for and obtain Judgment against
the employer for eighty per cent of the
sum of the payments due and to become
due in cases where there is doubt to
the security of his compensation these
provisions have no application in action
for compensation where the court, in the
exercise of its discretion. enters Judgment
TOT lump sum in the first instance.
t. An employer may waive the require
ments that notice shall be given to him by an
employee of an accident within ten days
aIter the accident occurs and that the
claim shall be presented to him within
three months after the accident, and, held
that the defendant herein by its acts and
statements waived the failure of plain tiff
10 make claim for compensation within
the three months period
All the Justices concurring
true copy.
Attest: D. A VALENTINE
lSeal.J Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
LEGAL.


No. 1885
Inc DonOhoo Horse and Mule Company,
corporation, Appellee,
The Missouri, Kansas & Texas Railway
Company, Appellant.
Appeal from Bourbon County.
MODIFIED.
SYLLABUS. BY the Court. Johnston, c. j.
l. In an interstate shipment where the
llap1fIty of the carrier is proportional
and limited under just and reasonable
agreement that in case of loss or injury the
shipper Shall recover no more than a GER
tain valuation of the property transported
winch is liked by an agreement made in
e COZ, that the shipper shall have
ters into and becomes part of the rate
ana the parties can not by any compromise
or agreement after loss has occurred
change the limitation and arrange for the
payment of a greater amount than the
value as fixed in the shipping contract and
which became a factor of the rate charged
The stipulation in IL shipping contract
TO the effect that in case of loss or injury
to the property transported action for
recovery must be brought within stipu
lated time is subject to waiver and estop
pei by the parties.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
LEGAL.
No. 19,0SS.
James b. Moore, Appellant,

No. 19,0SS.
James b. Moore, Appellant,
GnarleS w. Wilson and John b. Baker. as
Live Stock Sanitary Commissioner, ETC.,
Appellees.
appeal from Sherman County.
AFFIRMED.
syllabus. BY the Court Mason, J.
l. Erroneous instructions in a damag e
action, with respect to the rightfulness of
the defendants conduct, cannot be preju-
dlc1al to the plaintiff where the jury find
that the acts complained of were wrongful,
but oecasioned him no injury.
= Upon the setting aside of that part
OF verdict which allows the plaintiff
TO recover his attorneys fees in the action,
ne Is not entitled to new trial the
ground that the jury would have allowed
him punitive damages if they had not
been enormously instructed that he could
recover his attorneys fees, where he in
yited the error by asking. both punitive
damages and his attorneys fees.
The refusal of the court to submit
to the jury the question of the liability of
one of two defendants (whose offense if
any, was of a less degree) for punitive
damages will not ordinarily be a sufficient
ground for granting new trial, where
the jury, although having the opportunity,
find no punitive damages against the other
defendant.
All the Justices concurring except Daw
son, j., who did not sit.
true copy.
Attest: d. A. VALENTINE,
lSeal.I Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 1926.
Charles NJ. Wallace, Appellee.

Charles NJ. Wallace, Appellee.
The city of winfield, Appellant.
Appeal from GIoWle9y County
Syllabus BY the Court Johnston, c. ].
1. One who builds and maintains a dam
may acquire flowage rights by prescrip-
ton, and If the dam has been maintained
for more than fifteen years a presumption
of grant or of consent by the upper
of the dam right to its continued main
tenance to the extent TO which the right
has been enjoyed for the period of pre-
2. The fact, that city which has pur
and become a riparian owner is undertake
Ing to supply the inhabitants of the city
of money in the erection of water plant
gives such owner no special or additional
rights to the water of stream as against
the lower proprietor or one who has ac-
quired prescriptive rights to the unobstruct
ed flowage of the stream.
on a stream ACQUIRES the right of a
RIPARIAN owner, which is the reasonable
nary purposes incident to the land, but it
does not thereby acquire the right to divert
take water from the stream for the pur-
pose of selling it to the Inhabitants of the
city without making compensation 20 those
l. The fact that a city has obtained the
right to take water from a stream to sup
Ply its ods eF it tba G6P to 6H the
dam at point considerably below the au-
5e ntke Of of6eT to obtain the
being within the mill pond of lower pro-
prietor of a mill, and where the proposed
dam would materially obstruct the flow
and diminish the power which belongs to
the mill and which would operate
substantial Interference with the water
rights acquired by the mill owner without
making compensation. to him.
5. The findings of the court that the
proposed obstruction of Il stream by the
defendant would be a substantial
infringement of the plaintiffs
ter rights are found to be warranted by
the facts. and under the circumstances of
the case the plaintiff is held to be en-
titled to the remedy of injunction TO pre-
All the Justices coacurring.
A true copy.
Attest: u. A. VALENTINE.
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
D. A. VALENTINE,
Clerk Supreme Court.
No. 1850.

No. 1850.
D. D. Ray ct al, Partners, etc, Appellees,
The Missouri, Kansas & Texas Railway
Company, Appellant.
Appeal from Labette County
REVERSED.
Syllabus BY the Court Johnston, G. J.
/. A contract for interstate shipment
of cattle contained, among other things, a
stipulation that action by the shipper
to recover damages because of injuries and
delays occurring during the transportation
must be commenced within ninety-on days
after the happening of the injuries and de-
lays. HELD, that the provision is not I'M
rea sonable nor invalid.
.. Mere negotiations between the parties
to settlement or compromise of the
claim did not waive the contract limita-
ton estop the carrier from insisting
that the right to sue had been lost by lapse
of time.
All the Justices concurring.
true copy
Attest d. A. VALENTINE,
[Seal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 1886.
Samuel Myrick, Appellee,

The Great Western Manufacturing Com
pany, Appellant.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. By the Court. Porter j.
1. The factory act (Sec. 1876, Gen: Stat
1900, requiring elevator shafts to be in
closed secured to prevent injury to
employees is not complied with by having
three sides of an elevator shaft inclosed
and one side left open, if the failure to
inclOse that side causes injury to an en-
ployee
had failed to comply with the provisions
of the factory act and that an elevator
shaft wholly uninclosed. Held, that
there variance between the proof
and the petition because the proof showed
that when the elevator was not in use and
the removal panels comprising the sides
of the shaft were in place, it was lnclosed.
but whenever the elevator was in use it
was necessary to remove the panels to per-
NIT the doors of the building to be opened,
and that the plaintiff was injured at a time
when the panels on one side had not been
s. Contributory negligence is not a de-
Tense to action under the factory act,
and in the case stated in the preceding
paragraph 1t is defense to show that it
the duty of the plaintiff and other
employees to replace the panels which had
been taken out for a specific purpose.
All the Justices concurrtng.
A true copy.
Attest: D. A. VALENTINE,
[Seal] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 1854.

No. 19.544.
S. J. McCord, Appellant,
Albert Mcconnell and Nellie Mcconnell,
Appellee.
Appeal from Douglas County.
AFFIRMED.
Syllabus BY the Court. Mason. ].
The Judgment affirmed on the ground
that the court must be deemed to have
found against the appellant on the facts,
no special findings having been made.
All the Justices concurring.
a true copy.
Attest: d. A. VALENTINE,
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 19,54S.
MaIshnu A

No. 19,5iS.
A. j. MalchOw, Appellant,
VS..
The City of LeOti Appellee.
Appeal from Wichita County.
REVERSED.
Syllabus. By the Court. West, J.
L The defendant city had no right to
permit its streets to be occupied by a
merry go round, cable, engine, tank, baby
rack, fuel and guy ropes and such OBJ
structiOns constituted a public nuisance
rendering the city liable to a person in
jured thereby unless careless to be
held responsible himself for such injury.
. Such of the streets with the
knowledge and assent of the city for the
partial benefit of the commercial club
amounted to an invitation to the public
to patroniZe the attraction and one who
is passing along the street thus occupied,
stopped for from one to five minutes near
the engine and was injured by the ex-
plosiOn of its lubricating glass is entitled
to recover unless it appears from all the
facts and circumstances that he failed to
exercise such care ordinarily cautious
and prudent persons would have used
under like circumstances.
All the Justices cOncurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaI] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 1888.
Herman +. Wogan, Appellee,

herman NoSaA, <appcllet,
The Citizens National Bank of Fort Scott,
Appellant, and Alfred Wells, Cross Petit
TONER. Appellee, ct al.
Appeal from Bourbon County.
AFFIRMED.
Syllabus. BY the Court Johnston. c. J.
l. An owner of personal property rep
resented that it had been transferred to
another and he with such other applied
for loan of money secured by chattel
mortgage executed by such vendee on the
property represented to have been sold. 1t
was not bona fide sale of the property
but the owner not only represented to the
mortgage that it was an actual sale and
aided in the obtaining of the loan upon
the mortgage but he also endorsed the
note which was secured by the mortgage.
The property was sufficiently described in
the mortgage which was duly filed for rec
ord. Held, that the mortgage was valid
not only between the parties to it's exc
cution but also against third party
who subsequently obtained mortgage
upon the same property executed by the
owner
2. The instructions given by the court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
D. A. VALENTINE ,
Clerk Supreme Court.
No. 1880.
The City of Columbus, Appellant,

The City of Columbus, Appellant,
The American Gas Company, Appellee.
Appeal from Cherokee County.
MODIFIED.
Syllabus. BY the Court. West, J.
A gas company which accepts the terms
of a franchise ordinance expressly pro-
viding that Il certain specified rate shall
not be exceeded, and authorizing the shut
ting off of gas from any consumer in ar
rears for a longer period than fifteen days,
has no right to require Il five dollar de-
post or to add a penalty of five cents a
thousand cubic feet for non payment by
a certain time in the month.
All the Justices concurriug.
A true copy.
TSeal.I Clerk Supreme Court.
Attest: D. A VALENTINE,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16

No. 1910.
The Geo. o. Richardson Machinery Com
pany, Appellant
C.. n. Brown, Appellee.
Appeal from Sedgwick COuny.
division No. - .-
AFFIRMED.
Syllabus. By the Court, Mason, j.
1. The seller of an article may be liable
upon Il warranty of its quality made to
another than the purchaser who is in
tereSted in it, and who becomes a surety
for the payment of a part of the purchase
price.
=. Where the agent of the company
selling a threshing machine warrants to
farmer that it will do good work, and
thereby induces him to give his note to the
buyer in order that it may be at once en-
dorsed to the company as security for the
purchase price, the maker of the note may
recover against the company any damages
resulting to him from the defective work
ing of the machine, amounting to Il breach
of warranty, while i'll use by the buyer in
threshing his grain. His remedy is not
limited to defeating the payment of the
note.
8. 1t cannot be said a matter of law
that one who permits Ii defective machine
to be used for week i'll threshing his
wheat is thereby precluded from recover
ing, under warranty of it's work, all dam
ages resulting during that time from its
defective operation, where efforts were
continually made to improve its condition,
and where on the third day from the last
the warrantor made some repairs, resulting
in good effect, which proved only tenn
porary.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeal. Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No, 1882.

No. 1882.
The State of Kansas, Appellee,
Justus B. Linderholm, Appellant.
Appeal from Mcpherson County.
AFFIRMED.
Syllabus. By the Court Dawson, j.
Examination of Il petition to open a
Judgment in a lunacy preceding and con-
sideration of pertinent and incidental facts,
HELD, to show that no error com
mitted in Diminishing the proceedings.
All the Justices concurring-
A true copy. -
Attest: d. A VALENTINE,
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
No. 1850.
B. 0. McClain, Appellant,

No. 1853
B. o. McClain, Appellant,
Robert Miller and William Cooney, Appel
lees.
Appeal from Jackson County.
REVERSED.
Syllabus By the Court Marshall. j.
A member of the Prairie Band of Pot
tawatomie Indians can sell the corn grow
ing on the land allotted to him by the gov
eminent. and the contract of sale is not a
contract touching the land or any interest
therein.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-16
ID. A. VALENTINE,
Clerk Supreme Court.
No. 1888.

Josephine Rost, Appellee,
Union Pacific Railroad Company, APP
pellant.
Appeal from Wyandotte County District
Court. (First Division.)
AFFIRMED.
Syllabus. By the Court. West J.
1. The rule announced in Cherryvale VS.
Studyvin, &c Kan. 2S5, 81 Pac. 60, that in
order to recover for damages caused by
blasting, negligence must be shown, is
followed.
p While injury to the building was not
of itself proof of negligent blasting. still
as the evidence was such that negligence
might fairly and reasonably be inferred
therefrOm, the verdict finding or neces-
sarily implying negligence, will not be dis
turbed.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE,
lSeal.1 Clerk Supreme Court.