The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-04-10
LIFE Term FOR
HIRING TO KILL
rcoat,nued from page one.l

that the will and codicils must stand.
By terms of the will, the two sons will
each receive about 500 from the es-
tate valued at $4,000. The remain
der of the estate is composed of be-
quests made by Wisner to charitable
institutions, the WOmen'S Christian
Tempera Union being one of the
principal beneficiarieS.
Suit to set aside the will was f1led
by Charles Wisner against G. Q. Chan
dler, a wealthy Wichita banker. 1t
was charged that Chandler, Chester
1. Long, former United State senator,
and other persons used undue influ-
ence in the making of the will. The
trial court held that undue influence
had not been exercised, but found that
Wisner was not mentally capable of
making a will at the time. In taking
this action, the court set aside the ver-
dict of the jury. 1t was charged by
heirs that relatives of Long were BEN
eficiarieS under the will and that I'M
due influence was used in bringing
about the making of these requests.
Chandler was trustee under the Will.
In it's decision, the court holds that
Wisner's will is legal and must stand
Care of Streets.
The Kansas supreme court held that
it was the duty of a city to use reas-
enable care to keep streets safe for
travel, but that a man travelling there
on must look forward to see if there
are holes into which he might tumble.
The decision was made in the suit of
John C. Boddington against the city
of Kansas City, Kansas.
BoddingtOn was driving along the
street and had to turn out to avoid
some building material. After his
wagon had passed the obstruction, he
turned around to see whether any,
While looking back, his horse and
wagon tumb1ed into street excavation
and Boddington was injured. He
brought a suit to collect from the city,
but the lower court and the supreme
court both held that the city was not
liable, as a man was expected to use
ordinary care in using any public
thoroughfare.
Druggist Wins Out.
The court reversed the Atchison
county district court and refused to al
low Luella o. Daniels $4,000 damages
against Harry Dick, a. druggist of
Lawrence. Mrs. Daniels had a pre-
scription filled by Dick and alleged
that it contained arsnic and strychntne
and that she was poisoned.
he watched the filling of the pre-
scription and was convinced the drug
gist put in the wrong ingredients. The
suit was filed in Atchison county, al
though both parties lived in Law
renee. The druggist said that the pre-
scription was carefully compounded
by himself and his brother and pro-
duced evidence that Mrs. Daniels a
short time afterwards attended social
functions, passed a satisfactory exam
ination for admission to a fraternal
order, had been initiated and taken
out a life insurance policy for $1,000
all after using the prescription. In
the trial court, the judge instructed
the Jury that the husbands testimony
was not competent But the jury
awarded Mrs. Daniels $4,000. The
supreme court now reverses the de-
ciSion.
Topekan Can Collect.
Harley Harper will collect judg-
ment for S4,3S3 against the Santa Fe
railway, under terms of a supreme
court decision today in affirming an
appeal from the Shawnee county dis
trict court Harper was a machinist's
helper in the Santa Fe shops in To-
peka. He was injured while grinding
and fitting the cylinder head of a
Mallet locomotive. Blood poisoning
set in and the plaintiff was confined
in the hospital for seven months.
The jury awarded damages in the sum
of $4.3S3. Special findings were made
by the jury. On these the railroad ap-
pealed. The supreme court, however,
declared the judgment valid.
City and a Cow.
Just because city officials do not
enforce an ordinance prohibiting cows
from running at large within the city
limits does not entitle a person in
jured by a vicious COW to damages
from the city. This was the decision
of the Kansas supreme court today in
the suit of Amelia Everly against Gas
City, Allen county.
The city had passed an ordinances
prohibiting cows and other animals
running at large. A COW, said to have
been vicious toward human beings,
was roaming at will about the streets
of the town. The COW saw some
growing corn upon the premises OF
Mrs. EVERY and went over to take a
bite. When the woman undertook tic
drive the animal from her corn field,